HB 15 — Amend competitive retail electric service law

30(c) BEThe ITdemolition ENACTEDand BYremoval THEof GENERALexisting ASSEMBLYstructures, OFgrading, THEor STATEother OFsite OHIO:work necessary to make a site or certain real property that includes a brownfield or former coal mine usable for economic development;

Section(d) 1.The development of a remediation and reuse plan;

That(e) sectionsThe 122.6511,development 4905.03,or 4906.01,operation 31 4906.02, 4906.03, 4906.04, 4906.06, 4906.07, 4906.10, 4906.201, 32 4909.04, 4909.05, 4909.052, 4909.06, 4909.07, 4909.08, 4909.15, 33 4909.156, 4909.173, 4909.174, 4909.18, 4909.19, 4909.42, 34 4928.01, 4928.02, 4928.05, 4928.08, 4928.14, 4928.141, 4928.142, 35 4928.144, 4928.151, 4928.17, 4928.20, 4928.23, 4928.231, 36 4928.232, 4928.34, 4928.542, 4928.64, 4928.645, 4929.20, 37 4933.81, 4935.04, 5727.01, 5727.111, and 5727.75 be amended and 38 new section 4906.105 and sections 1.66, 122.161, 4903.27, 39 4905.321, 4905.331, 4909.041, 4909.042, 4909.159, 4909.181, 40 4909.192, 4909.193, 4928.041, 4928.101, 4928.102, 4928.149, 41 4928.73, 4928.83, 4928.86, 4929.221, 4929.222, 4934.01, 42 4934.011, 4934.04, 4934.05, 4934.06, 4934.07, 4934.071, 43 4934.072, 4934.08, 4934.09, 4934.10, 4934.11, 4934.12, 4934.13, 44 4934.14, 4934.17, 4934.18, 4934.20, 4934.21, 4934.23, 4934.25, 45 4934.26, 4934.27, 4934.35, 4934.36, 4934.37, 4934.38, and 46 5727.76 of thea Revisedsite Codefor beenergy enactedgeneration toor readbattery asstorage. follows:

47(B)(1) Sub.There is hereby created the brownfield remediation program to award grants for priority investment area eligible projects and the remediation of brownfield sites throughout Ohio.

The program shall be administered by the director of development pursuant to this section and rules adopted pursuant to division (B)(2) of this section.

(2) The director shall adopt rules, under Chapter 119.

of the Revised Code, for the administration of the program.

The rules shall include provisions for determining project and project sponsor eligibility, program administration, and any other provisions the director finds necessary.

(3) The director shall not award a grant exceeding ten million dollars to a priority investment area eligible project.

Grants for such projects may not be used for the construction or operation of electric generating infrastructure.

(C)(1) There is hereby created in the state treasury the brownfield remediation fund.

The fund shall consist of moneys appropriated to it by the general assembly, and investment earnings on moneys in the fund shall be credited to the fund.

The director shall reserve funds from each appropriation to the fund to each county in the state.

The amount reserved shall be one million dollars per county, or, if an appropriation is less than eighty-eight million dollars, a proportionate amount to each county.

Amounts reserved pursuant to this section are reserved for one calendar year from the date of the appropriation.

After one calendar year, the funds shall be available pursuant to division (D) of this section.

(2) A lead entity may submit an initial grant application for the use of funds reserved under division (C)(1) of this section to the director.

The lead entity may later submit an amended application to the director, and the director may accept and approve that application for use of funds up to the amount reserved for that county.

(D) Funds from an appropriation not reserved under division (C)(1) of this section shall be available for grants to projects located anywhere in the state, and grants from those funds shall be awarded to qualifying projects on a first-come, first-served basis.

(E) The amendments to this section by this act H.B.

315 of the 135th general assembly apply to new projects that are applied for and awarded funding by the director of development on and after the effective date of this amendmentJuly 1, 2025.

Projects that are applied for or were applied for under this section prior to that date July 1, 2025, shall be governed by this section as it existed prior Sub.

15 Page136th 3G.A. As Passed by the House Sec.

1.66.to that dateJuly 1, 2025.

AsSec. used in the Revised Code, unless the 48 context requires otherwise, all measures of electricity 49 described in watts, kilowatts, megawatts, or any derivative 50 thereof means such electricity expressed in alternating current.

513313.372. Sec.

122.161.(A) As used in this section, "energy conservation measure" means an installation or modification of an installation in, or remodeling of, a building, to reduce energy consumption.

(A)It Asincludes: used in this section:

52 (1) "Subdivision"Insulation meansof athe municipalbuilding corporation,structure township,and 53systems orwithin county.the building;

54 (2) "LegislativeStorm authority"windows meansand thedoors, legislativemultiglazed 55windows authorityand ofdoors, aheat municipalabsorbing corporation,or aheat boardreflective ofglazed theand townshipcoated 56window trustees,and ordoor asystems, boardadditional ofglazing, countyreductions commissioners.in glass area, and other window and door system modifications that reduce energy consumption;

57 (3) "Subdivision'sAutomatic territory"energy means,control insystems; the case of a 58 municipal corporation, the territory of the municipal 59 corporation;

in(4) theHeating, caseventilating, ofor aair township,conditioning thesystem unincorporatedmodifications 60or territoryreplacements; of the township;

or,(5) inCaulking theand caseweatherstripping; of a county, the 61 unincorporated territory of the county.

62(6) (4)Replacement "Brownfield"or hasmodification of lighting fixtures to increase the sameenergy meaningefficiency asof inthe sectionsystem 63without 122.6511increasing the overall illumination of a facility, unless such increase in illumination is necessary to conform to the Revisedapplicable Code.state or local building code for the proposed lighting system;

64(7) (5)Energy "Formerrecovery coalsystems; mine" means a location that was, but is 65 no longer, used in connection with the extraction of coal from 66 its natural deposit in the earth.

67(8) (6)Cogeneration "Qualifyingsystems property"that hasproduce thesteam sameor meaningforms of energy such as inheat, 68as sectionwell 5727.76as ofelectricity, thefor Reviseduse Code.primarily within a building or complex of buildings;

69(9) (B)Solar Apanels; legislative authority may adopt and certify to the 70 director of development an ordinance or resolution requesting 71 that the director designate the site of a brownfield or former 72 coal mine within the subdivision's territory as a priority 73 investment area.

The(10) ordinanceAny orother resolutionmodification, shallinstallation, describeor theremodeling 74approved boundariesby of the proposedOhio areafacilities andconstruction shallcommission specifyas thatan 75energy Sub.conservation measure.

(B) A board of education of a city, exempted village, local, or joint vocational school district may enter into an installment payment contract for the purchase and installation of energy conservation measures.

The provisions of such installment payment contracts dealing with interest charges and financing terms shall not be subject to the competitive bidding requirements of section 3313.46 of the Revised Code, and shall be on the following terms:

(1) Not less than one-fifteenth of the costs thereof shall be paid within two years from the date of purchase.

(2) The remaining balance of the costs thereof shall be paid within fifteen years from the date of purchase.

The provisions of any installment payment contract entered into pursuant to this section shall provide that all payments, except payments for repairs and obligations on termination of the contract prior to its expiration, shall not exceed the calculated energy, water, or waste water cost savings, avoided operating costs, and avoided capital costs attributable to the one or more measures over a defined period of time.

Those payments shall be made only to the extent that the savings described in this division actually occur.

The energy services company shall warrant and guarantee that the energy conservation measures shall realize guaranteed savings and shall be responsible to pay an amount equal to any savings shortfall.

Sub.

15 Page136th 4G.A. As Passed by the House qualifying property in the priority investment area shall be 76 exempt from taxation for five years pursuant to section 5727.76 77 of the Revised Code.

78An Theinstallment director,payment uponcontract receiptentered into by a board of thateducation certification,under this section shall 79require designatethe board to contract in accordance with division (A) of section 3313.46 of the proposedRevised areaCode asfor athe priorityinstallation, investmentmodification, areaor ifremodeling of energy conservation measures unless division (A) of section 3313.46 of the 80Revised directorCode determinesdoes not apply pursuant to division (B)(3) of that thesection, areain meetswhich case the designationcontract 81shall standardsbe setawarded forththrough ina competitive selection process pursuant to rules adopted by the director.facilities construction commission.

ThoseAn 82installment standardspayment shallcontract specifyentered thatinto theby directora mustboard prioritizeof theeducation 83under designationthis ofsection areasmay negativelyinclude impactedservices byfor themeasurement declineand verification of theenergy 84savings coalassociated industry.with the guarantee.

85 The directorannual shallcost notifyof themeasurement legislativeand authorityverification ofservices theshall 86not director'sexceed decisionten withinper ninetycent daysof afterthe receivingguaranteed thesavings 87in certifiedany ordinanceyear orof resolution.the installment payment contract.

(C) If thea directorboard doesof noteducation 88determines issuethat a decisionsurety withinbond thoseis ninetynecessary days,to secure energy, water, or waste water cost savings guaranteed in a contract entered into by the requestboard forof 89education designationunder this section, the energy services company shall beprovide considereda approvedsurety bybond operationthat satisfies all of law.the following requirements:

90(1) (C) The directorpenal sum of developmentthe shallsurety immediatelybond notifyfor 91 the publicfirst utilitiesguarantee commission,year shall equal the poweramount sitingof board,savings andincluded in the 92annual taxguaranteed commissionersavings ifamount thethat directoris approvesmeasured and calculated in accordance with the designationmeasurement ofand averification 93plan priorityincluded investmentin areathe undercontract, divisionbut (B)may ofnot thisinclude sectionguaranteed orsavings 94that ifare thenot designationmeasured isor approvedthat byare operationstipulated ofin law.the contract.

95The Sec.annual guaranteed savings amount shall include only the savings guaranteed in the contract for the one-year term that begins on the first day of the first savings guarantee year and may not include amounts from subsequent years.

122.6511.(2) The surety bond shall have a term of not more than one year unless renewed.

(A)At Asthe usedoption inof thisthe sectionboard andof sectioneducation, 96the 122.6512surety ofbond themay Revisedbe Code:renewed for one or two additional terms, each term not to exceed one year.

97The (1)surety "Brownfield"bond meansmay annot abandoned,be idled,renewed or under-usedextended 98so industrial,that commercial,it or institutional property where 99 expansion or redevelopment is complicatedin byeffect knownfor ormore potentialthan 100three releasesconsecutive ofyears. hazardous substances or petroleum.

101In (2)the "Leadevent entity"of means a county,renewal, township,the municipalpenal 102sum corporation,of portthe authority,surety conservancybond district,for parkeach districtrenewed 103year orshall otherbe similarrevised parkso authority,that countythe landpenal reutilizationsum 104equals Sub.the annual guaranteed savings amount for such renewal year that is measured and calculated in accordance with the measurement and verification plan included in the contract, but may not include guaranteed savings that are not measured or that are stipulated in the contract.

Regardless of the number of renewals of the bond, the aggregate liability under each renewed bond may not exceed the penal sum stated in the renewal certificate for the applicable renewal year.

(3) The surety bond for the first year shall be issued within thirty days of the commencement of the first savings guarantee year under the contract.

In the event of renewal, the surety shall deliver to the board of education a renewal certificate reflecting the revised penal sum within thirty days of the board of education's request.

The board of education shall deliver the request for renewal not less than thirty days prior to the expiration date of the surety bond then in existence.

A surety bond furnished pursuant to section Sub.

15 Page136th 5G.A. As Passed by the House corporation, or organization for profit.

105153.54 (3)of "Remediation"the meansRevised anyCode actionshall not secure obligations related to contain,energy, remove,water, or 106waste disposewater ofcost hazardoussavings substancesas orreferenced petroleumin atdivision a(C) brownfield.of this section.

107(D) "Remediation"The includesboard may issue the acquisitionnotes of athe brownfield,school 108district demolitionsigned performedby atthe apresident brownfield, and the installationtreasurer orof 109the upgradeboard and specifying the terms of the minimumpurchase amountand ofsecuring infrastructurethe thatdeferred ispayments 110provided necessaryin tothis makesection, payable at the times provided and bearing interest at a brownfieldrate operationalnot forexceeding economicthe 111rate developmentdetermined activity.as provided in section 9.95 of the Revised Code.

112The (4)notes "Countymay landcontain reutilizationan corporation"option hasfor theprepayment sameand 113shall meaningnot asbe insubject sectionto 1724.01Chapter of133. the Revised Code.

114 (5) "Priority investment area eligible project" means some 115 or all of the following activities necessary or conducive for 116 generating, transporting, storing, or transmitting electricity 117 at the site of a brownfield or former coal mine located in a 118 priority investment area designated under section 122.161 of the 119 Revised Code:Code.

120In (a)the Environmentalresolution orauthorizing culturalthe resourcenotes, sitethe assessments;board may provide, without the vote of the electors of the district, for annually levying and collecting taxes in amounts sufficient to pay the interest on and retire the notes, except that the total net indebtedness of the district without a vote of the electors incurred under this and all other sections of the Revised Code, except section 3318.052 of the Revised Code, shall not exceed one per cent of the district's tax valuation.

121Revenues (b)derived Thefrom monitoring,local remediation,taxes cleanup, or containmentotherwise, 122for ofthe landpurpose toof removeconserving anyenergy condition or substancefor regulateddefraying bythe statecurrent 123operating orexpenses federalof environmentalthe lawsdistrict, ormay regulations,be includingapplied 124to hazardousthe substances,payment hazardousof wastes,interest solidand wastes,the orretirement 125of petroleum;such notes.

126 (c) The demolitionnotes andmay removalbe ofsold existingat structures,private 127sale grading, or othergiven site work necessary to makethe aenergy siteservices orcompany certainunder 128the realinstallment propertypayment thatcontract includesauthorized aby brownfielddivision or(B) formerof coalthis minesection. 129 usable for economic development;

130(E) (d)Debt Theincurred developmentunder this section shall not be included in the calculation of the net indebtedness of a remediationschool anddistrict reuseunder plan;section 133.06 of the Revised Code.

131(F) (e)No Theschool developmentdistrict orboard operationshall enter into an installment payment contract under division (B) of this section unless it first obtains a sitereport of the costs of the energy conservation measures and the savings thereof as described under division (G)(1) of section 133.06 of the Revised Code as a requirement for issuing energy 132securities, Sub.makes a finding that the amount spent on such measures is not likely to exceed the amount of money it would save in energy costs and resultant operational and maintenance costs as described in that division, except that that finding shall cover the ensuing fifteen years, and the facilities construction commission determines that the district board's findings are reasonable and approves the contract as described in that division.

The district board shall monitor the savings and maintain a report of those savings, which shall be submitted to the commission in the same manner as required by division (G) of section 133.06 of the Revised Code in the case of energy securities.

(G) A board of education may apply to the Ohio facilities construction commission for a loan from the school energy performance contracting loan fund, established by section 3313.378 of the Revised Code, for purposes of paying for all or part of an installment contract under division (B) of this section.

Sec.

3313.373.

(A) As used in this section:

(1) "Energy saving measure" means both of the following:

(a) The acquisition and installation, by purchase, lease, lease purchase, lease with an option to buy, or installment purchase, of an energy conservation measure as defined in section 3313.372 of the Revised Code and any attendant architectural and engineering consulting services.

Sub.

15 Page136th 6G.A. As Passed by the House generation or battery storage.

133(b) (B)(1)Architectural Thereand isengineering herebyconsulting createdservices therelated brownfield remediation 134 program to awardenergy grantsconservation. for priority investment area eligible 135 projects and the remediation of brownfield sites throughout 136 Ohio.

The(2) program"Shared-savings shallcontract" bemeans administereda bycontract for one or more energy savings measures, which contract provides that all payments, except payments for maintenance and repairs and obligations on termination of the directorcontract prior to its expiration, are to be a stated percentage of 137calculated developmentsavings pursuantof energy costs attributable to thisthe sectionenergy saving measure over a defined period of time and rulesare adoptedto pursuantbe 138made only to divisionthe (B)(2)extent ofthat thissuch section.savings occur.

139A (2)contract Thethat directorrequires shallany adoptadditional rules,capital underinvestment Chapteror 119.contribution of funds, other than funds available from state or federal energy grants, or that is for an initial term of longer than ten years is not a shared-savings contract.

(B) The board of 140education theof Reviseda Code,city, forlocal, exempted village, or joint vocational school district may enter into a shared-savings contract with any person experienced in the administrationdesign and implementation of energy saving measures for buildings owned or rented by the program.board.

TheSuch 141contract rulesis shallnot includesubject provisionsto forsection determining3313.46 projectof and 142 project sponsor eligibility, program administration, and any 143 other provisions the directorRevised findsCode. necessary.

144If (3)the Thecontract directoris shallfor nota awardterm aextending grantbeyond exceedingthe tenfiscal 145year, millionit dollarsshall be considered to be a prioritycontinuing investmentcontract areawithin eligiblethe project.meaning of division (D) of section 5705.41 of the Revised Code.

146A (C)(1)board Thereof iseducation herebyentering createdinto inan theinstallment statecontract treasuryunder thethis 147section brownfieldshall remediationalso fund.comply with section 3313.372 of the Revised Code.

The(C) fundIn shallthe consistcase of moneysa 148shared-savings appropriatedcontract torunning beyond the fiscal year in which it byis entered into, the generalboard assembly,shall include in its annual appropriations measure for each subsequent year any amounts payable under shared-savings contracts during such year and investmentshall 149furnish earningsthe oncertification moneysrequired by section 5705.44 of the Revised Code, but the failure of a board to make such an appropriation or furnish the certificates referred to in division (D) of section 5705.41, or 5705.412 or 5705.44 of the fundRevised Code, shall benot creditedaffect tothe validity of the fund.shared-savings contract or the board's obligations under the contract.

150(D) TheA directorboard shallof reserveeducation fundsmay fromapply eachto appropriationthe 151Ohio tofacilities construction commission for a loan from the fundschool toenergy eachperformance countycontracting inloan fund, established by section 3313.378 of the state.Revised Code, for purposes of paying for all or part of a shared-savings contract under this section.

TheSec. amount reserved 152 shall be one million dollars per county, or, if an appropriation 153 is less than eighty-eight million dollars, a proportionate 154 amount to each county.

Amounts3313.377. reserved pursuant to this section 155 are reserved for one calendar year from the date of the 156 appropriation.

After(A) oneAs calendarused year,in the funds shall be 157 available pursuant to division (D) of this section.section:

158(1) (2)"Energy Aconservation leadmeasure" entityhas may submit an initial grant application 159 for the usesame ofmeaning fundsas reservedin undersection division3313.372 (C)(1) of this 160 section to the director.Revised Code.

The(2) lead"Energy entitysaving maymeasure" laterhas submitthe ansame 161meaning Sub.as in section 3313.373 of the Revised Code.

(B) The Ohio facilities construction commission may issue a loan from funds in the school energy performance contracting loan fund created in section 3313.378 of the Revised Code to a board of education of a city, exempted village, local, or joint vocational school district that applies for a loan under section 3313.372 or 3313.373 of the Revised Code.

(C) Nothing in this section prohibits a board of education that receives a loan under this section from utilizing any other energy efficiency program.

Sub.

15 Page136th 7G.A. As Passed by the House amended application to the director, and the director may accept 162 and approve that application for use of funds up to the amount 163 reserved for that county.

164 (D) FundsThe fromterms anof appropriationa notloan reservedissued under 165 division (C)(1) of this section shall be availableas forfollows: grants to 166 projects located anywhere in the state, and grants from those 167 funds shall be awarded to qualifying projects on a first-come, 168 first-served basis.

169(1) (E)Two Theper amendmentscent toannual thisinterest sectionon bythe thisloan; act H.B.

315(2) ofThe 170full theloan 135thamount, generalplus assemblyinterest, applyshall tobe newrepaid projectsin thatnot aremore 171than appliedten foryears andfrom awarded funding by the directorissuance of development 172 on and after the effectiveloan; date of this amendmentJuly 1, 2025.

173(3) ProjectsRepayment thaton arethe appliedloan forbegins orsix weremonths appliedafter forthe underinstallation thisof 174the sectionenergy priorconservation tomeasures thatis datecomplete Julyor 1,the 2025,implementation shallof beenergy governedsavings bymeasures 175is thiscompleted; section as it existed prior to that dateJuly 1, 2025.

176(4) Sec.Any other provision considered appropriate by the commission.

(E) All repayment amounts for any loans issued under this section shall be made to the commission.

The commission shall deposit all repayment amounts received in the school energy performance contracting loan fund created in section 3313.378 of the Revised Code.

(F) If the commission enters into an agreement with a board for a loan under this section, the commission shall promptly direct the treasurer of state to remit money from the school energy performance contracting loan fund to the board as provided in the terms of the agreement.

(G) The commission shall adopt rules to implement this section, including a loan application.

Sec.

3313.378.

(A) The school energy performance contracting loan fund is created in the custody of the treasurer of state, but is not part of the state treasury.

The money in the fund shall be used for purposes of funding loans issued under section 3313.377 of the Revised Code.

The fund shall consist of the funds transferred from the solar generation fund, repayments of loans from this fund, interest on amounts in the school energy performance contracting loan fund, and any appropriations, grants, or gifts made to the fund.

(B) The fund shall be administered by the Ohio facilities construction commission, and the commission shall request the treasurer of state to create the account for the fund.

The treasurer of state shall distribute the money in the fund in accordance with directions provided by the commission.

Sec.

For all cases involving an application 177 pursuant to section 4909.18 of the Revised Code, the public 178 utilities commission shall not permit any new discovery 179 beginning not later than two hundred fifteen days after the 180 application is determined to be complete.

181 Sec.

As used in this chapter, any person, firm, 182 copartnership, voluntary association, joint-stock association, 183 company, or corporation, wherever organized or incorporated, is:

184 (A) A telephone company, when engaged in the business of 185 transmitting telephonic messages to, from, through, or in this 186 state;

187 (B) A for-hire motor carrier, when engaged in the business 188 of transporting persons or property by motor vehicle for 189 compensation, except when engaged in any of the operations in 190intrastate Sub.commerce described in divisions (B)(1) to (9) of section 4921.01 of the Revised Code, but including the carrier's agents, officers, and representatives, as well as employees responsible for hiring, supervising, training, assigning, or dispatching drivers and employees concerned with the installation, inspection, and maintenance of motor-vehicle equipment and accessories;

(C) An electric light company, when engaged in the business of supplying electricity for Sub.

15 Page136th 8G.A. As Passed by the House intrastate commerce described in divisions (B)(1) to (9) of 191 section 4921.01 of the Revised Code, but including the carrier's 192 agents, officers, and representatives, as well as employees 193 responsible for hiring, supervising, training, assigning, or 194 dispatching drivers and employees concerned with the 195 installation, inspection, and maintenance of motor-vehicle 196 equipment and accessories;

197 (C) An electric light company, when engaged in the 198 business of supplying electricity for light, heat, or power 199 purposes to consumers within this state, including supplying 200 electric transmission service for electricity delivered to 201 consumers in this state, but excluding a regional transmission 202 organization approved by the federal energy regulatory 203 commission;

204 An electric light company does not include a self-self-generator 205 generator or mercantile customer self-powerself- power system.

206 (D) A gas company, when engaged in the business of 207 supplying artificial gas for lighting, power, or heating 208 purposes to consumers within this state or when engaged in the 209 business of supplying artificial gas to gas companies or to 210 natural gas companies within this state, but a producer engaged 211 in supplying to one or more gas or natural gas companies, only 212 such artificial gas as is manufactured by that producer as a by-by-product 213 product of some other process in which the producer is primarily 214 engaged within this state is not thereby a gas company.

All 215 rates, rentals, tolls, schedules, charges of any kind, or 216 agreements between any gas company and any other gas company or 217 any natural gas company providing for the supplying of 218 artificial gas and for compensation for the same are subject to 219 the jurisdiction of the public utilities commission.

220(E) Sub.A natural gas company, when engaged in the business of supplying natural gas for lighting, power, or heating purposes to consumers within this state.

Notwithstanding the above, neither the delivery nor sale of Ohio-produced natural gas or Ohio-produced raw natural gas liquids by a producer or gatherer under a public utilities commission-ordered exemption, adopted before, as to producers, or after, as to producers or gatherers, January 1, 1996, or the delivery or sale of Ohio- produced natural gas or Ohio-produced raw natural gas liquids by a producer or gatherer of Ohio- produced natural gas or Ohio-produced raw natural gas liquids, either to a lessor under an oil and gas lease of the land on which the producer's drilling unit is located, or the grantor incident to a right-of- way or easement to the producer or gatherer, shall cause the producer or gatherer to be a natural gas company for the purposes of this section.

All rates, rentals, tolls, schedules, charges of any kind, or agreements between a natural gas company and other natural gas companies or gas companies providing for the supply of natural gas and for compensation for the same are subject to the jurisdiction of the public utilities commission.

The commission, upon application made to it, may relieve any producer or gatherer of natural gas, defined in this section as a gas company or a natural gas company, of compliance with the obligations imposed by this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923.

of the Revised Code, so long as the producer or gatherer is not affiliated with or under the control of a gas company or a natural gas company engaged in the transportation or distribution of natural gas, or so long as the producer or gatherer does not engage in the distribution of natural gas to consumers.

Nothing in division (E) of this section limits the authority of the commission to enforce sections 4905.90 to 4905.96 of the Revised Code.

(F) A pipe-line company, when engaged in the business of transporting natural gas, oil, or coal or its derivatives through pipes or tubing, either wholly or partly within this state, but not when engaged in the business of the transport associated with gathering lines, raw natural gas liquids, or Sub.

15 Page136th 9G.A. As Passed by the House (E) A natural gas company, when engaged in the business of 221 supplying natural gas for lighting, power, or heating purposes 222 to consumers within this state.

Notwithstandingfinished theproduct above, 223 neither the delivery nor sale of Ohio-produced natural gas orliquids; 224 Ohio-produced raw natural gas liquids by a producer or gatherer 225 under a public utilities commission-ordered exemption, adopted 226 before, as to producers, or after, as to producers or gatherers, 227 January 1, 1996, or the delivery or sale of Ohio-produced 228 natural gas or Ohio-produced raw natural gas liquids by a 229 producer or gatherer of Ohio-produced natural gas or Ohio- 230 produced raw natural gas liquids, either to a lessor under an 231 oil and gas lease of the land on which the producer's drilling 232 unit is located, or the grantor incident to a right-of-way or 233 easement to the producer or gatherer, shall cause the producer 234 or gatherer to be a natural gas company for the purposes of this 235 section.

236(G) AllA rates,water-works rentals,company, tolls,when schedules,engaged chargesin of any kind, 237 or agreements between a natural gas company and other natural 238 gas companies or gas companies providing for the supplybusiness of 239supplying naturalwater gasthrough andpipes foror compensationtubing, foror thein samea aresimilar subjectmanner, to theconsumers 240within jurisdictionthis ofstate; the public utilities commission.

The(H) commission,A 241heating upon application made to it, may relieve any producer or 242cooling gatherercompany, ofwhen naturalengaged gas, defined in thisthe sectionbusiness asof asupplying gaswater, 243steam, company or aair naturalthrough gaspipes company,or oftubing complianceto withconsumers thewithin 244 obligations imposed by this chapterstate andfor Chaptersheating 4901.,or 4903.,cooling 245purposes; 4907., 4909., 4921., and 4923.

of(I) theA Revisedmessenger Code,company, sowhen long as 246 the producer or gatherer is not affiliated with or under the 247 control of a gas company or a natural gas company engaged in the 248business transportation or distribution of naturalsupplying gas,messengers orfor soany longpurpose; as the 249 producer or gatherer does not engage in the distribution of 250 natural gas to consumers.

251(J) Sub.A street railway company, when engaged in the business of operating as a common carrier, a railway, wholly or partly within this state, with one or more tracks upon, along, above, or below any public road, street, alleyway, or ground, within any municipal corporation, operated by any motive power other than steam and not a part of an interurban railroad, whether the railway is termed street, inclined-plane, elevated, or underground railway;

(K) A suburban railroad company, when engaged in the business of operating as a common carrier, whether wholly or partially within this state, a part of a street railway constructed or extended beyond the limits of a municipal corporation, and not a part of an interurban railroad;

(L) An interurban railroad company, when engaged in the business of operating a railroad, wholly or partially within this state, with one or more tracks from one municipal corporation or point in this state to another municipal corporation or point in this state, whether constructed upon the public highways or upon private rights-of-way, outside of municipal corporations, using electricity or other motive power than steam power for the transportation of passengers, packages, express matter, United States mail, baggage, and freight.

Such an interurban railroad company is included in the term "railroad" as used in section 4907.02 of the Revised Code.

(M) A sewage disposal system company, when engaged in the business of sewage disposal services through pipes or tubing, and treatment works, or in a similar manner, within this state.

As used in division (E) of this section, "natural gas" includes natural gas that has been processed to enable consumption or to meet gas quality standards or that has been blended with propane, hydrogen, biologically derived methane gas, or any other artificially produced or processed gas.

As used in this section, "gathering lines" has the same meaning as in section 4905.90 of the Revised Code, and "raw natural gas liquids" and "finished product natural gas liquids" have the same meanings as in section 4906.01 of the Revised Code.

As used in this section, "self-generator" has the same meaning as in section 4928.01 of the Revised Code, and "mercantile customer self-power system" has the same meaning as in section 4928.73 of the Revised Code.

Sec.

4905.23.

(A) As used in this section, "base load electric generating facility" means an electric generating plant and associated facilities located in this state that primarily uses a nonrenewable fuel source to generate electricity, including natural gas and nuclear reaction, and that is not owned or operated by a public utility, municipal corporation, or electric cooperative.

Sub.

15 Page136th 10G.A. As Passed by the House Nothing in division (E) of this section limits the 252 authority of the commission to enforce sections 4905.90 to 253 4905.96 of the Revised Code.

254(B) (F)No Aperson pipe-lineshall company,enter wheninto engageda insettlement theto businessabandon, ofclose, 255 transporting natural gas, oil, or coalshut ordown its derivatives 256 through pipes or tubing, either wholly or partly within this 257 state, but not when engaged in the business of the transportfollowing: 258 associated with gathering lines, raw natural gas liquids, or 259 finished product natural gas liquids;

260(1) (G) A water-worksbase company,load whenelectric engagedgenerating infacility; the business of 261 supplying water through pipes or tubing, or in a similar manner, 262 to consumers within this state;

263(2) (H) A heatinggenerating orplant coolingowned company, when engaged in the 264 business of supplying water, steam, or airoperated throughby pipesa orpublic 265utility. tubing to consumers within this state for heating or cooling 266 purposes;

267Sec. (I) A messenger company, when engaged in the business of 268 supplying messengers for any purpose;

2694905.311. (J) A street railway company, when engaged in the business 270 of operating as a common carrier, a railway, wholly or partly 271 within this state, with one or more tracks upon, along, above, 272 or below any public road, street, alleyway, or ground, within 273 any municipal corporation, operated by any motive power other 274 than steam and not a part of an interurban railroad, whether the 275 railway is termed street, inclined-plane, elevated, or 276 underground railway;

277(A) (K)As Aused suburbanin railroadthis company,section, when"electric engageddistribution inutility" has the 278same businessmeaning of operating as ain commonsection carrier,4928.01 whether wholly or 279 partially within this state, a part of athe streetRevised railwayCode. 280 Sub.

H.(B) Notwithstanding any provision of the Revised Code to the contrary, an electric distribution utility may supply behind the meter electric generation service, provided that any behind the meter electric generation facilities that the utility intends to use to supply such service were filed with the public utilities commission under section 4928.47 of the Revised Code, as that section existed prior to its repeal by H.B.

B.15 of the 136th General Assembly, no later than March 31, 2025.

No.(C) No electric distribution utility shall recover any of the following costs through any rate, charge, or recovery from retail electric service customers that are not receiving behind the meter electric generation service from the utility:

15(1) PageCosts 11associated Aswith Passedsupplying bybehind the Housemeter constructedelectric orgeneration extendedservice; beyond the limits of a municipal 281 corporation, and not a part of an interurban railroad;

282(2) (L)Costs Anassociated interurban railroad company, when engaged in the 283 business of operating a railroad, wholly or partially within 284 this state, with oneany orbehind more tracks from one municipal 285 corporation or point in this state to another municipal 286 corporation or point in this state, whether constructed upon the 287meter publicelectric highwaysgeneration orservice uponfacility; private rights-of-way, outside of 288 municipal corporations, using electricity or other motive power 289 than steam power for the transportation of passengers, packages, 290 express matter, United States mail, baggage, and freight.

Such(3) 291Stranded ancosts interurbanassociated railroadwith companythe isclosing includedof inany behind the termmeter 292electric "railroad"generation asservice usedfacility inor sectionan 4907.02end-use customer of the Revisedbehind Code.the meter electric generation service ceasing operations.

293(D) (M)No Aelectric sewagedistribution disposalutility systemshall company,offer whendirect, engagedassociated ininducements thefor 294contracting businesswith ofthe sewageutility disposalfor servicesany throughbehind pipesthe ormeter tubing,electric 295generation andservice. treatment works, or in a similar manner, within this state.

296(E) AsThe usedpublic inutilities divisioncommission (E)shall ofperiodically thisaudit section,all "naturalelectric gas"distribution 297utilities includes natural gas that hasprovide beenany processedbehind tothe enablemeter 298electric consumptiongeneration orservice to meetensure gascompliance quality standards or that has been 299 blended with propane,this hydrogen,section. biologically derived methane 300 gas, or any other artificially produced or processed gas.

301Sec. As used in this section, "gathering lines" has the same 302 meaning as in section 4905.90 of the Revised Code, and "raw 303 natural gas liquids" and "finished product natural gas liquids" 304 have the same meanings as in section 4906.01 of the Revised 305 Code.

306 As used in this section, "self-generator" has the same 307 meaning as in section 4928.01 of the Revised Code, and 308 "mercantile customer self-power system" has the same meaning as 309 Sub.

H.

B.

No.

15 Page 12 As Passed by the House in section 4928.73 of the Revised Code.

310 Sec.

(A) Notwithstanding section 4905.32 of the 311 Revised Code, all revenues collected from customers by a public 312 utility as part of a rider or rates that are later found to be 313 unreasonable, unlawful, or otherwise improper by the supreme 314 court shall be subject to refund from the date of the issuance 315 of the supreme court's decision until the date when, on remand, 316 the public utilities commission makes changes to the rider or 317 rates to implement the supreme court's decision.

318 (B) The commission shall order the payment of the refunds 319 described in division (A) of this section in a manner designed 320 to allocate the refunds to customer classes in the same 321 proportion as the charges were originally collected.

322 (C) The commission shall determine how to allocate any 323 remaining funds described in division (A) of this section that 324 cannot be refunded for whatever reason.

325 (D) The commission shall order the payment of the funds 326 described in division (A) of this section and shall determine 327 how to allocate any remaining funds that cannot be refunded not 328 more than thirty days after the date of the issuance of the 329 supreme court's decision.

330 Sec.

331 (1) "Electric distribution utility" has the same meaning 332 as in section 4928.01 of the Revised Code.Sub.

333 (2) "Electric service" means any service involved in 334 supplying or arranging for the supply of electricity to ultimate 335 consumers in this state.

"Electric service" includes "retail 336 electric service" as defined in section 4928.01 of the Revised 337 Code.

338 Sub.

15 Page136th 13G.A. As Passed by the House (3) "Proceeding" includes a proceeding relating to 339 electric service under Chapters 4909.

Code.

(2) "Electric service" means any service involved in supplying or arranging for the supply of electricity to ultimate consumers in this state.

"Electric service" includes "retail electric service" as defined in section 4928.01 of the Revised Code.

(3) "Proceeding" includes a proceeding relating to electric service under Chapters 4909.

of the Revised 340 Code.

341 (B) No electric distribution utility or its affiliate may 342 do either of the following to induce any party to a public 343 utilities commission proceeding to enter into a settlement of a 344 matter pending before the commission:

345 (1) Make a cash payment to that party;

346 (2) Enter into any agreement or any financial or private 347 arrangement with that party that is not made part of the public 348 case record.

349 (C) Notwithstanding division (B) of this section, the 350 commission may do any of the following:

351 (1) Reasonably allocate costs among rate schedules;

352 (2) Reasonably design rates within a rate schedule;

353 (3) Approve reasonable rates designed for particular 354 customers or classes of customers;

355 (4) Approve a resolution of a proceeding under section 356 4905.26 of the Revised Code;

357 (5) Approve payments to any governmental entity, nonprofit 358 organization, or other association for implementing low-income 359 weatherization service programs, subject to the following 360 conditions:

361 (a) The payments are at a rate that is reasonably tailored 362 to the costs of providing the programs.

363 (b) The payments are for programs that are subject to an 364 existing or new audit procedure.

365(c) Sub.The payments are not for low-income weatherization education programs.

H.Sec.

B.

No.

15 Page 14 As Passed by the House (c) The payments are not for low-income weatherization 366 education programs.

367 Sec.

of the Revised 368 Code:

369 (A) "Person" means an individual, corporation, business 370 trust, association, estate, trust, or partnership or any 371 officer, board, commission, department, division, or bureau of 372 the state or a political subdivision of the state, or any other 373 entity.

374 (B)(1) "Major utility facility" means:

375 (a) Electric generating plant and associated facilities 376 designed for, or capable of, operation at a capacity of fifty 377 megawatts or more;

378 (b) An electric transmission line and associated 379 facilities of a design capacity of one hundred sixty kilovolts 380 or more;

381 (c) A gas pipeline that is greater than five hundred feet 382 in length, and its associated facilities, is more than nine 383 inches in outside diameter and is designed for transporting gas 384 at a maximum allowable operating pressure in excess of one 385 hundred twenty-five pounds per square inch.

386 (2) "Major utility facility" does not include any of the 387 following:

388Sub. (a) Gas transmission lines over which an agency of the 389 United States has exclusive jurisdiction;

390 (b) Any solid waste facilities as defined in section 391 6123.01 of the Revised Code;

392 Sub.

15 Page136th 15G.A. As Passed by the House (c) Electric distributing lines and associated facilities 393 as defined by the power siting board;

394(a) (d)Gas Anytransmission manufacturinglines facilityover thatwhich createsan byproductsagency 395of that may be used in the generationUnited ofStates electricityhas asexclusive definedjurisdiction; by 396 the power siting board;

397(b) (e)Any Gatheringsolid lines,waste gasfacilities gathering pipelines, and 398 processing plant gas stub pipelines as those terms are defined 399 in section 4905.906123.01 of the Revised CodeCode; and associated 400 facilities;

401(c) (f)Electric Anydistributing gaslines processingand plantassociated facilities as defined inby section 4905.90 402 of the Revisedpower Code;siting board;

403(d) (g)Any Naturalmanufacturing gasfacility liquidsthat finishedcreates productbyproducts pipelines;that may be used in the generation of electricity as defined by the power siting board;

404(e) (h)Gathering Pipelineslines, fromgas agathering gaspipelines, and processing plant gas stub pipelines as those terms are defined in 405 section 4905.90 of the Revised Code toand aassociated naturalfacilities; gas liquids 406 fractionation plant, including a raw natural gas liquids 407 pipeline, or to an interstate or intrastate gas pipeline;

408(f) (i) Any natural gas liquidsprocessing fractionationplant plant;as defined in section 4905.90 of the Revised Code;

409(g) (j)Natural Agas productionliquids operationfinished asproduct definedpipelines; in section 1509.01 410 of the Revised Code, including all pipelines upstream of any 411 gathering lines;

412(h) (k)Pipelines Anyfrom compressora stationsgas usedprocessing byplant as defined in section 4905.90 of the following:Revised Code to a natural gas liquids fractionation plant, including a raw natural gas liquids pipeline, or to an interstate or intrastate gas pipeline;

413 (i) AAny gatheringnatural line, a gas gatheringliquids pipeline,fractionation aplant; 414 processing plant gas stub pipeline, or a gas processing plant as 415 those terms are defined in section 4905.90 of the Revised Code;

416(j) (ii) A naturalproduction gasoperation liquidsas finisheddefined productin pipeline,section a1509.01 417of naturalthe gasRevised liquidsCode, fractionationincluding plant,all orpipelines any pipeline 418 upstream of aany naturalgathering gaslines; liquids fractionation plant;

or(k) 419Any Sub.compressor stations used by the following:

(i) A gathering line, a gas gathering pipeline, a processing plant gas stub pipeline, or a gas processing plant as those terms are defined in section 4905.90 of the Revised Code;

(ii) A natural gas liquids finished product pipeline, a natural gas liquids fractionation plant, or any pipeline upstream of a natural gas liquids fractionation plant;

or (iii) A production operation as defined in section 1509.01 of the Revised Code.

(C) "Commence to construct" means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route of a major utility facility, but does not include surveying changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing geological data, including necessary borings to ascertain foundation conditions.

(D) "Certificate" means a certificate of environmental compatibility and public need issued by the power siting board under section 4906.10 of the Revised Code or a construction certificate issued by the board under rules adopted under division divisions (E) or (F)to (H) of section 4906.03 of the Revised Code.

(E) "Gas" means natural gas, flammable gas, or gas that is toxic or corrosive.

(F) "Natural gas liquids finished product pipeline" means a pipeline that carries finished product natural gas liquids to the inlet of an interstate or intrastate finished product natural gas liquid transmission pipeline, rail loading facility, or other petrochemical or refinery facility.

(G) "Large solar facility" means an electric generating plant that consists of solar panels and associated facilities with a single interconnection to the electrical grid that is a major utility facility.

(H) "Large wind farm" means an electric generating plant that consists of wind turbines and associated facilities with a single interconnection to the electrical grid that is a major utility facility.

Sub.

15 Page136th 16G.A. As Passed by the House (iii) A production operation as defined in section 1509.01 420 of the Revised Code.

421(I) (C)"Natural "Commencegas toliquids construct"fractionation plant" means anya clearingfacility of land, 422 excavation, or other action that wouldtakes adversely affect the 423 natural environment of the site or route of a majorfeed utility 424 facility, but does not include surveying changes needed for 425 temporary use of sitesraw ornatural routesgas forliquids nonutilityand purposes,produces orfinished 426product usesnatural ingas securingliquids. geological data, including necessary borings to 427 ascertain foundation conditions.

428(J) (D)"Raw "Certificate"natural gas" means ahydrocarbons certificatethat ofare environmentalproduced 429in compatibilitya andgaseous publicstate needfrom issuedgas bywells theand powerthat sitinggenerally boardinclude 430methane, underethane, sectionpropane, 4906.10butanes, ofpentanes, thehexanes, Revisedheptanes, Codeoctanes, ornonanes, aand constructiondecanes, 431plus certificateother issuednaturally byoccurring theimpurities boardlike underwater, rulescarbon adopteddioxide, underhydrogen 432sulfide, divisionnitrogen, divisionsoxygen, (E)and orhelium. (F)to (H) of section 4906.03 of the 433 Revised Code.

434(K) (E)"Raw "Gas"natural gas liquids" means naturalnaturally gas,occurring flammablehydrocarbons gas,contained orin raw natural gas that isare 435extracted toxicin ora corrosive.gas processing plant and liquefied and generally include mixtures of ethane, propane, butanes, and natural gasoline.

436(L) (F)"Finished "Naturalproduct natural gas liquidsliquids" finished product pipeline" means 437an aindividual pipelinefinished thatproduct carriesproduced finishedby producta natural gas liquids tofractionation 438plant theas inleta ofliquid anthat interstatemeets orthe intrastatespecifications finishedfor productcommercial 439products naturalas gasdefined liquidby transmissionthe pipeline,gas railprocessors loadingassociation. facility, 440 or other petrochemical or refinery facility.

441Those (G)products "Largeinclude solarethane, facility"propane, meansiso- anbutane, electricnormal generatingbutane, 442 plant that consists of solar panels and associatednatural facilitiesgasoline. 443 with a single interconnection to the electrical grid that is a 444 major utility facility.

445(M) (H)"Advanced "Largetransmission windtechnologies" farm" means ansoftware electricor generatinghardware planttechnologies 446 that consistsincrease the capacity, efficiency, reliability, or safety of windan turbinesexisting andor associatednew facilitieselectric withtransmission asystem, 447including singlegrid-enhancing interconnectiontechnologies tosuch theas electricaldynamic gridline thatrating, isadvanced apower majorflow 448controllers, Sub.and topology optimization;

H.

B.

No.

15 Page 17 As Passed by the House utility facility.

449 (I) "Natural gas liquids fractionation plant" means a 450 facility that takes a feed of raw natural gas liquids and 451 produces finished product natural gas liquids.

452 (J) "Raw natural gas" means hydrocarbons that are produced 453 in a gaseous state from gas wells and that generally include 454 methane, ethane, propane, butanes, pentanes, hexanes, heptanes, 455 octanes, nonanes, and decanes, plus other naturally occurring 456 impurities like water, carbon dioxide, hydrogen sulfide, 457 nitrogen, oxygen, and helium.

458 (K) "Raw natural gas liquids" means naturally occurring 459 hydrocarbons contained in raw natural gas that are extracted in 460 a gas processing plant and liquefied and generally include 461 mixtures of ethane, propane, butanes, and natural gasoline.

462 (L) "Finished product natural gas liquids" means an 463 individual finished product produced by a natural gas liquids 464 fractionation plant as a liquid that meets the specifications 465 for commercial products as defined by the gas processors 466 association.

Those products include ethane, propane, iso-butane, 467 normal butane, and natural gasoline.

468 (M) "Advanced transmission technologies" means software or 469 hardware technologies that increase the capacity, efficiency, 470 reliability, or safety of an existing or new electric 471 transmission system, including grid-enhancing technologies such 472 as dynamic line rating, advanced power flow controllers, and 473 topology optimization;

and other 474 technologies designed to reduce transmission congestion, or 475 increase the capacity, efficiency, reliability, or safety of an 476 existing or new electric transmission system.

477(N) Sub."Advanced conductor" means a conductor with a direct current electrical resistance that is at least ten per cent lower than existing conductors of a similar diameter on the electric transmission system while simultaneously increasing the energy carrying capacity by at least seventy-five per cent.

H.Sec.

B.

No.

15 Page 18 As Passed by the House (N) "Advanced conductor" means a conductor with a direct 478 current electrical resistance that is at least ten per cent 479 lower than existing conductors of a similar diameter on the 480 electric transmission system while simultaneously increasing the 481 energy carrying capacity by at least seventy-five per cent.

482 Sec.

4906.02.

(A)(1) There is hereby created within the 483 public utilities commission the power siting board, composed of 484 the chairperson of the public utilities commission, the director 485 of environmental protection, the director of health, the 486 director of development, the director of natural resources, the 487 director of agriculture, and a representative of the public who 488 shall be an engineer and shall be appointed by the governor, 489 from a list of three nominees submitted to the governor by the 490 office of the consumers' counsel, with the advice and consent of 491 the senate and shall serve for a term of four years.

The 492 chairperson of the public utilities commission shall be 493 chairperson of the board and its chief executive officer.

The 494 chairperson shall designate one of the voting members of the 495 board to act as vice-chairperson who shall possess during the 496 absence or disability of the chairperson all of the powers of 497 the chairperson.

All hearings, studies, and consideration of 498 applications for certificates shall be conducted by the board or 499 representatives of its members.

500 In addition, the board shall include four legislative 501 members who may participate fully in all the board's 502 deliberations and activities except that they shall serve as 503 nonvoting members.

The speaker of the house of representatives 504 shall appoint one legislative member, and the president of the 505 senate and minority leader of each house shall each appoint one 506 legislative member.

Each such legislative leader shall designate 507 an alternate to attend meetings of the board when the regular 508 Sub.

H.

B.

No.

15 Page 19 As Passed by the House legislative member appointed by the legislative leader is unable 509 to attend.

Each legislative member and alternate shall serve for 510 the duration of the elected term that the legislative member is 511 serving at the time of appointment.

A quorum of the board is a 512 majority of its voting members.

513 The representative of the public and, notwithstanding 514 section 101.26 of the Revised Code, legislative members of the 515 board or their designated alternates, when engaged in their 516 duties as members of the board, shall be paid at the per diem 517 rate of step 1, pay range 32, under schedule B of section 124.15 518 of the Revised Code and shall be reimbursed for the actual and 519 necessary expenses they incur in the discharge of their official 520 duties.

521 (2) In all cases involving an application for a 522 certificate or a material amendment to an existing certificate 523 for a utility facility, as defined in section 303.57 of the 524 Revised Code, the board shall include two voting ad hoc members, 525 as described in section 4906.021 of the Revised Code.

526 (B) The chairperson shall keep a complete record of all 527 proceedings of the board, issue all necessary process, writs, 528 warrants, and notices, keep all books, maps, documents, and 529 papers ordered filed by the board, conduct investigations 530 pursuant to section 4906.07 of the Revised Code, and perform 531 such other duties as the board may prescribe.

532 (C) The chairperson of the public utilities commission may 533 assign or transfer duties among the commission's staff and may 534 also hire technical or legal staff as full-time employees of the 535 board.

Such technical or legal staff shall be funded through 536 application fees or, if necessary, an additional fee assessment 537 on applicants for a certificate.

However, the board's authority 538 Sub.

H.

B.

No.

15 Page 20 As Passed by the House to grant certificates under section 4906.10 of the Revised Code 539 shall not be exercised by any officer, employee, or body other 540 than the board itself.

541 (D)(1) The chairperson may call to the chairperson's 542 assistance, temporarily, any employee of the environmental 543 protection agency, the department of natural resources, the 544 department of agriculture, the department of health, or the 545 department of development, for the purpose of making studies, 546 conducting hearings, investigating applications, or preparing 547 any report required or authorized under this chapter.

Such 548 employees shall not receive any additional compensation over 549 that which they receive from the agency by which they are 550 employed, but they shall be reimbursed for their actual and 551 necessary expenses incurred while working under the direction of 552 the chairperson.

All contracts for special services are subject 553 to the approval of the chairperson.

554 (2) Subject to controlling board approval, the board may 555 contract for the services of any expert or analyst, other than 556 an employee described in division (D)(1) of this section, for 557 the purposes of carrying out the board's powers and duties as 558 described in Chapter 4906.

of the Revised Code.

Any such expert 559 or analyst shall be compensated from the application fee, or if 560 necessary, supplemental application fees assessed in accordance 561 with division (F) of section 4906.06 of the Revised Code.

562 (E) The board's offices shall be located in those of the 563 public utilities commission.

564 Sec.

565 (A) Require such information from persons subject to its 566 jurisdiction as it considers necessary to assist in the conduct 567of Sub.hearings and any investigations or studies it may undertake;

(B) Conduct any studies or investigations that it considers necessary or appropriate to carry out its responsibilities under this chapter;

(C) Adopt rules establishing criteria for evaluating the effects on environmental values of proposed and alternative sites, and projected needs for electric power, and such other rules as are necessary and convenient to implement this chapter, including rules governing application fees, supplemental application fees, and other reasonable fees to be paid by persons subject to the board's jurisdiction.

The board shall make an annual accounting of its collection and use of these fees and shall issue an annual report of its accounting, in the form and manner prescribed by its rules, not later than the last day of June of the year following the calendar year to which the report applies.

(D) Approve, disapprove, or modify and approve applications for certificates;

(E) Notwithstanding sections 4906.06 to 4906.14 of the Revised Code, the board may adopt rules to provide for an accelerated review of an application for a construction certificate for Sub.

15 Page136th 21G.A. As Passed by the House of hearings and any investigations or studies it may undertake;

568construction (B)of Conducta anymajor studiesutility orfacility investigationsrelated thatto ita 569coal considersresearch necessaryand development project as defined in section 1555.01 of the Revised Code, or appropriateto a coal development project as defined in section 1551.30 of the Revised Code, submitted to carrythe outOhio itscoal 570development responsibilitiesoffice for review under thisdivision chapter;(B)(7) of section 1551.33 of the Revised Code.

571Applications (C)for Adoptconstruction rulescertificates establishing criteria for evaluatingconstruction the 572 effects on environmental values of proposedmajor andutility alternativefacilities 573 sites, and projected needs for electricOhio power,coal andresearch such other 574 rules as are necessary and convenientdevelopment toshall implementbe thisfiled chapter,with 575the includingboard ruleson governingthe applicationsame fees,day supplementalas 576the applicationproposed fees,facility andor otherproject reasonableis feessubmitted to bethe paidOhio bycoal 577development personsoffice subjectfor toreview. the board's jurisdiction.

The board shall 578render makea andecision annualon accountingan ofapplication itsfor collectiona andconstruction usecertificate ofwithin theseninety 579days feesafter andreceipt shall issue an annual report of its accounting, in the 580application form and mannerall prescribed by its rules, not later than the last 581 day of June of the yeardata followingand theinformation calendarit yearmay torequire whichfrom the 582applicant. report applies.

583In (D)rendering Approve,a disapprove,decision oron modifyan application for a construction certificate, the board shall only consider the criteria and approvemake 584the applicationsfindings forand certificates;determinations set forth in divisions (A)(2), (3), (5), and (7) and division (B) of section 4906.10 of the Revised Code.

585(F) (E) Notwithstanding sections 4906.06 to 4906.14 of the 586 Revised Code, the board mayshall adopt rules to provide for an 587 accelerated review of an application for a construction 588 certificate for constructionany of a major utility facility related 589 to a coal research and development project as defined in section 590 1555.01 of the Revisedfollowing: Code, or to a coal development project as 591 defined in section 1551.30 of the Revised Code, submitted to the 592 Ohio coal development office for review under division (B)(7) of 593 section 1551.33 of the Revised Code.

Applications(1) forAn 594electric constructiontransmission certificatesline forthat constructionis: of major utility 595 facilities for Ohio coal research and development shall be filed 596 with the board on the same day as the proposed facility or 597 Sub.

(a) Not more than two miles in length;

(b) Primarily needed to attract or meet the requirements of a specific customer or specific customers;

(c) Necessary to maintain reliable electric service as a result of the retirement or shutdown of an electric generating facility located within the state;

or (d) A rebuilding of an existing transmission line.

(2) An electric generating facility that uses waste heat or natural gas and is primarily within the current boundary of an existing industrial or electric generating facility;

(3) A gas pipeline that is not more than five miles in length or is primarily needed to meet the requirements of a specific customer or specific customers.

The board shall adopt rules that provide for the automatic certification to any entity described in this division when an application by any such entity is not suspended by the board, an administrative law judge, or the chairperson or executive director of the board for good cause shown, within ninety days of submission of the application.

If an application is suspended, the board shall approve, disapprove, or modify and approve the application not later than ninety days after the date of the suspension.

(G) Notwithstanding sections 4906.06 to 4906.14 of the Revised Code, the board shall adopt rules to provide for the accelerated review of an application for a construction certificate for any of the following that are located in a priority investment area designated and approved under section 122.161 of the Revised Code:

(1) An electric generating plant and associated facilities;

(2) An electric transmission line and associated facilities;

Sub.

15 Page136th 22G.A. As Passed by the House project is submitted to the Ohio coal development office for 598 review.

599(3) TheGas boardpipeline shallinfrastructure. render a decision on an application for a 600 construction certificate within ninety days after receipt of the 601 application and all of the data and information it may require 602 from the applicant.

InThe renderingchairperson aof decision on an application 603 for a construction certificate, the boardboard, shallnot onlylater considerthan 604forty-five thedays criteriaafter andreceipt makeof thean findingsapplication andsubmitted determinationsunder setdivision forth(G) 605of inthis divisionssection, (A)(2),shall (3),determine (5),if andit (7)complies andwith divisionall (B)application ofrequirements 606set sectionby 4906.10the ofpublic theutilities Revisedcommission Code.by rule.

607If (F)the Notwithstandingchairperson sectionsdoes 4906.06not toissue 4906.14a ofdetermination thewithin 608 Revised Code, the boardtime shallperiod adoptrequired rulesby tothis providedivision, forthe an 609 accelerated review of an application forshall abe constructiondeemed 610in certificatecompliance forby anyoperation of thelaw. following:

611The (1)board Anshall electricrender transmissiona linedecision thaton is:an application submitted under this division not later than forty-five days after the application is determined in compliance with all requirements set by the commission.

612If (a)the Notboard moredoes thannot tworender milesa indecision length;within forty-five days, the application shall be considered approved by operation of law, and the board shall issue a certificate to the applicant.

613The (b)board Primarilyshall neededadopt rules to attractimplement orthis meetdivision, theincluding requirementsrules 614that ofprioritize aapplications specificfor customerconstruction oron specificareas customers;negatively impacted by the decline of the coal industry.

615(H) (c)Notwithstanding Necessarysections 4906.06 to maintain4906.14 reliableof electricthe serviceRevised asCode, athe 616board resultshall ofadopt therules retirementto orprovide shutdownfor the accelerated review of an electricapplication generatingfor 617a construction certificate for a major utility facility if at the time the application is filed the construction will be located withinon the state;following:

(1) In whole, on property owned by, or 618under (d)a Alease rebuildingwith a term of antwenty-five existingyears transmissionor line.more with, the applicant;

619 (2) AnIn electricwhole generating facility that uses waste heat 620 or naturalin gaspart, andon is primarily within the current boundary of 621 an existingeasement industrial or electricright-of-way; generating facility;

622 (3) AOn gasany pipelinecombination thatof issuch notproperty, moreeasement, thanor fiveright-of-way milesdescribed in 623divisions length(H)(1) orand is(2) primarily needed to meet the requirements of athis 624section. specific customer or specific customers.

625No Sub.accelerated application shall be granted under the rules adopted under division (H) of this section for construction of a major utility facility, in whole or in part, on property under a lease or an easement or right-of-way, if additional consent for construction on the property, easement, or right- of-way is required by any person or entity other than the power siting board.

H.The board shall render a decision on an application submitted under this division not later than sixty days after receipt of the application.

B.If the board does not render a decision within sixty days, the application shall be considered approved by operation of law, and the board shall issue a certificate to the applicant.

No.Sec.

15 Page 23 As Passed by the House The board shall adopt rules that provide for the automatic 626 certification to any entity described in this division when an 627 application by any such entity is not suspended by the board, an 628 administrative law judge, or the chairperson or executive 629 director of the board for good cause shown, within ninety days 630 of submission of the application.

If an application is 631 suspended, the board shall approve, disapprove, or modify and 632 approve the application not later than ninety days after the 633 date of the suspension.

634 (G) Notwithstanding sections 4906.06 to 4906.14 of the 635 Revised Code, the board shall adopt rules to provide for the 636 accelerated review of an application for a construction 637 certificate for any of the following that are located in a 638 priority investment area designated and approved under section 639 122.161 of the Revised Code:

640 (1) An electric generating plant and associated 641 facilities;

642 (2) An electric transmission line and associated 643 facilities;

644 (3) Gas Pipeline infrastructure.

645 The board shall render a decision on an application 646 submitted under this division not later than forty-five days 647 after receipt of the application.

If the board does not render a 648 decision within forty-five days, the application shall be 649 considered approved by operation of law, and the board shall 650 issue a certificate to the applicant.

651 The board shall adopt rules to implement this division, 652 including rules that prioritize applications for construction on 653 areas negatively impacted by the decline of the coal industry.

654 Sub.

H.

B.

No.

15 Page 24 As Passed by the House (H) Notwithstanding sections 4906.06 to 4906.14 of the 655 Revised Code, the board shall adopt rules to provide for the 656 accelerated review of an application for a construction 657 certificate for a major utility facility if at the time the 658 application is filed the construction will be located, in whole, 659 on property owned by the applicant;

in whole or in part, on an 660 easement or right-of-way;

or on any combination of such 661 property, easement, or right-of-way.

662 No accelerated application shall be granted under the 663 rules adopted under division (H) of this section for 664 construction of a major utility facility, in whole or in part, 665 on an easement or right-of-way, if additional consent for 666 construction on the easement or right-of-way is required by any 667 person or entity other than the power siting board.

668 The board shall render a decision on an application 669 submitted under this division not later than ninety days after 670 receipt of the application.

If the board does not render a 671 decision within ninety days, the application shall be considered 672 approved by operation of law, and the board shall issue a 673 certificate to the applicant.

674 Sec.

4906.04.

(A) No person shall commence to construct a 675 major utility facility in this state without first having 676 obtained a certificate for the facility.

The replacement of an 677 existing facility with a like facility, as determined by the 678 power siting board, shall not constitute construction of a major 679 utility facility.

Such replacement of a like facility is not 680 exempt from any other requirements of state or local laws or 681 regulations.

Any facility, with respect to which such a 682 certificate is required, shall thereafter be constructed, 683 operated, and maintained in conformity with such certificate and 684 Sub.

H.

B.

No.

15 Page 25 As Passed by the House any terms, conditions, and modifications contained therein.

A 685 certificate may only be issued pursuant to Chapter 4906.

of the 686 Revised Code.

687 (B) A certificate may be transferred, subject to the 688 approval of the board, to a person who agrees to comply with the 689 terms, conditions, and modifications contained therein.

690 (C) Notwithstanding division (A) of this section, the 691 rebuilding or replacement of an existing transmission line that 692 is one mile or more in length constitutes construction of a 693 major utility facility.

694 Sec.

(A) An applicant for a certificate has the 695 burden of proof and shall file with the office of the 696 chairperson of the power siting board an application, in such 697 form as the board prescribes, containing the following 698 information:

699 (1) A description of the location and of the major utility 700 facility;

701 (2) A summary of any studies that have been made by or for 702 the applicant of the environmental impact of the facility;

703 (3) A statement explaining the need for the facility;

704 (4) A statement of the reasons why the proposed location 705 is best suited for the facility;

706 (5) A statement of how the facility fits into the 707 applicant's forecast contained in the report submitted under 708 section 4935.04 of the Revised Code;

709Sub. (6) Such other information as the applicant may consider 710 relevant or as the board by rule or order may require.

Copies of 711 the studies referred to in division (A)(2) of this section shall 712 Sub.

15 Page136th 26G.A. As Passed by the House be filed with the office of the chairperson, if ordered, and 713 shall be available for public inspection.

714(6) (7)Such Forother aninformation electricas transmission line, a summary of any 715 studies that have been made by or for the applicant ofmay cost-consider 716relevant effectiveor advancedas transmission technologies that maximize the 717board value,by expandrule the capacity, or improveorder themay reliabilityrequire. of the 718 facility.

719Copies Theof applicationthe studies referred to in division (A)(2) of this section shall be filed notwith morethe thanoffice fiveof yearsthe 720chairperson, priorif toordered, theand plannedshall datebe ofavailable commencementfor ofpublic construction.inspection.

The(7) 721For five-yearan periodelectric maytransmission beline, waiveda summary of any studies that have been made by or for the boardapplicant forof goodcost-effective causeadvanced 722transmission shown.technologies that maximize the value, expand the capacity, or improve the reliability of the facility.

723The (B) Each application shall be accompaniedfiled bynot proofmore ofthan 724five serviceyears ofprior ato copy of such application on the chiefplanned executivedate 725 officer of eachcommencement municipal corporation and county, and the head 726 of eachconstruction. public agency charged with the duty of protecting the 727 environment or of planning land use, in the area in which any 728 portion of such facility is to be located.

729The (C)five-year Eachperiod applicantmay withinbe fifteenwaived days after the date of 730 the filing of the application shall give public notice to 731 persons residing in the municipal corporations and counties 732 entitled to receive notice under division (B) of this section, 733 by the publicationboard offor agood summarycause ofshown. the application in newspapers 734 of general circulation in such area.

Proof(B) Each application shall be accompanied by proof of service of a copy of such publicationapplication 735on shallthe bechief filedexecutive officer of each municipal corporation and county, and the head of each public agency charged with the officeduty of protecting the chairperson.environment or of planning land use, in the area in which any portion of such facility is to be located.

736(C) (D)Each Inadvertentapplicant failurewithin offifteen servicedays on,after orthe noticedate to,of anythe 737filing of the personsapplication identifiedshall ingive divisionspublic (B)notice andto (C)persons ofresiding thisin 738the sectionmunicipal maycorporations beand curedcounties pursuantentitled to ordersreceive notice under division (B) of thethis boardsection, designedby tothe 739publication affordof thema adequatesummary noticeof tothe enableapplication themin tonewspapers participateof 740general effectivelycirculation in thesuch proceeding.area.

InProof addition,of such publication shall be filed with the board,office afterof 741the Sub.chairperson.

(D) Inadvertent failure of service on, or notice to, any of the persons identified in divisions (B) and (C) of this section may be cured pursuant to orders of the board designed to afford them adequate notice to enable them to participate effectively in the proceeding.

In addition, the board, after filing, may require the applicant to serve notice of the application or copies thereof or both upon such other persons, and file proof thereof, as the board considers appropriate.

(E) An application for an amendment of a certificate shall be in such form and contain such information as the board prescribes.

Notice of such an application shall be given as required in divisions (B) and (C) of this section.

(F) Each application for certificate or an amendment shall be accompanied by the application fee prescribed by board rule.

All application fees, supplemental application fees, and other fees collected by the board shall be deposited in the state treasury to the credit of the power siting board fund, which is hereby created.

The chairperson shall administer and authorize expenditures from the fund for any of the purposes of this chapter.

If the chairperson determines that moneys credited to the fund from an applicant's fee are not sufficient to pay the board's expenses associated with its review of the application, the chairperson shall request the approval of the controlling board to assess a supplemental application fee upon an applicant to pay anticipated additional expenses associated with the board's review of the application or an amendment to an application.

If the chairperson finds that an application fee exceeds the amount needed to pay the board's expenses for review of the application, the chairperson shall cause a refund of the excess amount to be issued to the applicant from the fund.

Sub.

15 Page136th 27G.A. As Passed by the House filing, may require the applicant to serve notice of the 742 application or copies thereof or both upon such other persons, 743 and file proof thereof, as the board considers appropriate.

744(G) (E)The Anchairperson applicationshall fordetermine whether an amendmentapplication ofis ain certificatecompliance shallwith 745this besection innot suchmore formthan andforty-five containdays suchafter information as the boardapplication 746is prescribes.filed.

NoticeIf ofthe suchchairperson andoes applicationnot shallissue bea givendetermination aswithin 747the time period required inby divisionsthis (B)division, andthe (C)application ofis thisdeemed section.in compliance by operation of law.

748Sec. (F) Each application for certificate or an amendment shall 749 be accompanied by the application fee prescribed by board rule.

750 All application fees, supplemental application fees, and other 751 fees collected by the board shall be deposited in the state 752 treasury to the credit of the power siting board fund, which is 753 hereby created.

The chairperson shall administer and authorize 754 expenditures from the fund for any of the purposes of this 755 chapter.

If the chairperson determines that moneys credited to 756 the fund from an applicant's fee are not sufficient to pay the 757 board's expenses associated with its review of the application, 758 the chairperson shall request the approval of the controlling 759 board to assess a supplemental application fee upon an applicant 760 to pay anticipated additional expenses associated with the 761 board's review of the application or an amendment to an 762 application.

If the chairperson finds that an application fee 763 exceeds the amount needed to pay the board's expenses for review 764 of the application, the chairperson shall cause a refund of the 765 excess amount to be issued to the applicant from the fund.

766 (G) The chairperson shall determine whether an application 767 is in compliance with this section not more than forty-five days 768 after the application is filed.

If the chairperson does not 769 issue a determination within the time period required by this 770 division, the application is deemed in compliance by operation 771 Sub.

H.

B.

No.

15 Page 28 As Passed by the House of law.

772 Sec.

(A) Upon the receipt of an application 773 complying with section 4906.06 of the Revised Code, the power 774 siting board shall promptly fix a date for a public hearing 775 thereon, not less than sixty forty-five nor more than ninety 776 sixty days after such receipt, and shall conclude the proceeding 777 as expeditiously as practicable.

778 (B) On an application for an amendment of a certificate, 779 the board shall hold a hearing in the same manner as a hearing 780 is held on an application for a certificate if the proposed 781 change in the facility would result in any material increase in 782 any environmental impact of the facility or a substantial change 783 in the location of all or a portion of such facility other than 784 as provided in the alternates set forth in the application.

785 (C) The chairperson of the power siting board shall cause 786 each application filed with the board to be investigated and 787 shall, not less than fifteen days prior to the date any 788 application is set for hearing submit a written report to the 789 board and to the applicant.

A copy of such report shall be made 790 available to any person upon request.

Such report shall set 791 forth the nature of the investigation, and shall contain 792 recommended findings with regard to division (A) of section 793 4906.10 of the Revised Code and shall become part of the record 794 and served upon all parties to the proceeding.

795 Sec.

(A) The power siting board shall render a 796 decision upon the record either granting or denying the 797 application as filed, or granting it upon such terms, 798 conditions, or modifications of the construction, operation, or 799 maintenance of the major utility facility as the board considers 800 appropriate.

The certificate shall be subject to sections 8014906.101, Sub.4906.102, and 4906.103 of the Revised Code and conditioned upon the facility being in compliance with standards and rules adopted under section 4561.32 and Chapters 3704., 3734., and 6111.

H.

B.

No.

15 Page 29 As Passed by the House 4906.101, 4906.102, and 4906.103 of the Revised Code and 802 conditioned upon the facility being in compliance with standards 803 and rules adopted under section 4561.32 and Chapters 3704., 804 3734., and 6111.

An applicant may withdraw 805 an application if the board grants a certificate on terms, 806 conditions, or modifications other than those proposed by the 807 applicant in the application.

808 The board shall not grant a certificate for the 809 construction, operation, and maintenance of a major utility 810 facility, either as proposed or as modified by the board, unless 811 it finds and determines all of the following:

812 (1) The basis of the need for the facility if the facility 813 is an electric transmission line or gas pipeline;

814 (2) The nature of the probable environmental impact;

815 (3) That the facility represents the minimum adverse 816 environmental impact, considering the state of available 817 technology and the nature and economics of the various 818 alternatives, and other pertinent considerations;

819 (4) In the case of an electric transmission line or 820 generating facility, that the facility is consistent with 821 regional plans for expansion of the electric power grid of the 822 electric systems serving thisSub. state and interconnected utility 823 systems and , that the facility will serve the interests of 824 electric system economy and reliability, and, in the case of an 825 electric transmission line, that the facility must consider 826 implementing cost-effective advanced transmission technologies 827 to maximize the value, expand capacity, or improve the 828 reliability of the facility;

829 (5) That the facility will comply with Chapters 3704., 830 Sub.

15 Page136th 30G.A. As Passed by the House 3734., and 6111.

ofthis thestate Revisedand Codeinterconnected utility systems and all, rulesthat andthe standardsfacility 831will adoptedserve underthe thoseinterests chaptersof electric system economy and underreliability, sectionand, 4561.32in the case of an electric transmission line, that the 832facility Revisedmust Code.consider implementing cost-effective advanced transmission technologies to maximize the value, expand capacity, or improve the reliability of the facility;

In(5) determiningThat whether the facility will comply 833 with allChapters rules3704., and3734., standards adopted under section 4561.32 of 834 the Revised Code, the board shall consult with the office of 835 aviation of the division of multi-modal planning and programs6111. of 836 the department of transportation under section 4561.341 of the 837 Revised Code.

838of (6)the ThatRevised theCode facilityand willall serverules theand publicstandards interest,adopted 839under convenience,those chapters and necessity;under section 4561.32 of the Revised Code.

840 (7) In additiondetermining towhether the provisionsfacility containedwill incomply divisionswith 841all (A)(1)rules toand (6)standards ofadopted thisunder section and4561.32 rulesof adoptedthe underRevised thoseCode, 842the divisions,board whatshall itsconsult impactwith willthe beoffice onof aviation of the viabilitydivision asof 843multi-modal agriculturalplanning landand programs of anythe landdepartment inof antransportation existingunder agriculturalsection 8444561.341 districtof establishedthe underRevised ChapterCode. 929.

of(6) theThat Revised Code that 845 is located within the sitefacility andwill alternativeserve site of the proposedpublic 846interest, majorconvenience, utilityand facility.necessity;

Rules(7) adoptedIn addition to evaluatethe impactprovisions undercontained 847in divisiondivisions (A)(7)(A)(1) to (6) of this section shalland notrules requireadopted theunder 848those compilation,divisions, creation,what submission,its orimpact productionwill ofbe anyon 849the information,viability document,as oragricultural otherland dataof pertainingany to land notin 850an locatedexisting withinagricultural thedistrict siteestablished andunder alternativeChapter site.929.

851of (8) That the facilityRevised incorporatesCode maximumthat feasibleis waterlocated 852within conservation practices as determined by the board,site considering 853 available technology and thealternative naturesite and economics of the variousproposed 854major alternatives.utility facility.

855Rules (9)adopted Forto certificateevaluate proceedingsimpact involvingunder andivision electric(A)(7) 856of transmissionthis linesection andshall associatednot facilities,require includingthe thosecompilation, 857creation, proceedingssubmission, thator qualifyproduction forof acceleratedany reviewinformation, underdocument, sectionor 858other 4906.03data ofpertaining theto Revisedland Code,not inlocated additionwithin to the provisionssite 859 contained in divisions (A)(1) to (8) of this section and rulesalternative 860site. Sub.

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

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

No.(C) A copy of the decision and any opinion issued therewith shall be served upon each party.

15(D) PageThe 31board Asshall Passedrender bya decision under this section not later than one hundred fifty days after the Housedate adoptedthe underapplication thoseis divisions:determined to be complete.

861If (a)the Thatboard otherdoes alternativesnot torender thea transmissiondecision projectwithin 862the weretime consideredperiod andrequired thatby this division, the projectapplication isshall thebe mostdeemed costapproved effectiveby 863operation of law, and bestthe suitedboard alternative;shall issue a certificate to the applicant.

864Sec. (b) That the project will be competitively bid or, if not, 865 will be comparable in cost had the project been competitively 866 bid;

867 (c) That the project has been considered in the context of 868 the utility's larger transmission plan;

869 (d) That the project could not be addressed through the 870 construction or replacement of a distribution line or facility;

871 (e) That the project has been considered in the context of 872 the regional transmission planning process of PJM 873 interconnection regional transmission organization, L.L.C.;

874 (f) That the project could not have been deferred or 875 redesigned to achieve the same operational result at a lower 876 overall cost.

877 (B) If the board determines that the location of all or a 878 part of the proposed facility should be modified, it may 879 condition its certificate upon that modification, provided that 880 the municipal corporations and counties, and persons residing 881 therein, affected by the modification shall have been given 882 reasonable notice thereof.

883 (C) A copy of the decision and any opinion issued 884 therewith shall be served upon each party.

885 (D) The board shall render a decision under this section 886 not later than one hundred eighty days after the date the 887 application is determined to be complete.

If the board does not 888 Sub.

H.

B.

No.

15 Page 32 As Passed by the House render a decision within the time period required by this 889 division, the application shall be deemed approved by operation 890 of law, and the board shall issue a certificate to the 891 applicant.

892 Sec.

4906.105.

Within sixty days after the completion of a 893 certificated facility, the applicant shall file the following 894 information in the certificate proceeding:

895 (A) A copy of the as-built drawings for the entire 896 facility;

897 (B) The final facility rating or nameplate capability for 898 the facility;