Signed by Governor Mike DeWine

Vote Smart's Synopsis:

Vote to pass a bill that prohibits wind and solar companies from applying to build projects unless townships create an "energy development district."

Highlights:

• Defines "utility facility" as an economically significant wind farm, a large wind farm, or a large solar facility (Sec. 303.57.C).

• Prohibits construction of any utility facility in an unincorporated area of a county that has not been designated as part of an energy development district by the board of county commissioners in a county in which one or more energy development districts have been created (Sec. 303.58).

• Authorizes the board of county commissioners to adopt a resolution designating all or part of the unincorporated area of a county as an energy development district to allow for the construction of any or all of the following (Sec. 303.59.A):

• Economically significant wind farm;

• Large wind farm;

• Large solar facility.

• Requires the person intending to apply for a certificate to provide the following information to the board of county commissioners (Sec. 303.62.C-1):

• Whether the utility facility will be:

• A large wind farm;

• An economically significant wind farm; or

• A large solar facility.

• The maximum nameplate capacity of the utility facility;

• A map of the proposed geographic boundaries of the project within that county.

• Authorizes, no later than 90 days after the public meeting regarding an application for a certificate, or an amendment to an existing certificate, for a utility facility, the board of county commissioners to adopt a resolution that does either of the following (Sec. 303.63.A):

• Prohibits the construction of the utility facility that is the subject of the certificate; and

• Limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant.

• Requires, in all cases involving an application for a certificate or an amendment to an existing certificate for a utility facility, the board will include two ad hoc members (Sec. 4906.02-2).

• Prohibits a person from serving as an ad hoc member if the person (Sec. 4906.021.D-1):

• Is party to a lease agreement with, or has granted an easement to, the developer of a utility facility;

• Holds any other beneficial interest in a utility facility;

• Has an immediate family member who is party to a lease agreement with, or has granted an easement to, the developer of the utility facility;

• Has an immediate family member who holds any beneficial interest in a utility facility.

• Prohibits the power siting board from granting a certificate for the construction, operation, and maintenance of a utility facility, or an amendment to an existing certificate, either as proposed or as modified by the board, to be constructed in the unincorporated area of a county in which one or more energy development districts have been created, unless the utility facility is to be located in an energy development district as designated by the board of county commissioners (Sec. 4906.101.B-1).

• Specifies if a board of county commissioners has adopted a resolution which limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant, the power siting board will not grant a certificate of amendment that includes an area outside of the geographic area approved by the board of county commissioners of the county in which the utility facility is to be located (Sec. 4906.103).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits wind and solar companies from applying to build projects unless townships create an "energy development district."

Highlights:

• Defines "utility facility" as an economically significant wind farm, a large wind farm, or a large solar facility (Sec. 303.57.C).

• Prohibits construction of any utility facility in an unincorporated area of a county that has not been designated as part of an energy development district by the board of county commissioners in a county in which one or more energy development districts have been created (Sec. 303.58).

• Authorizes the board of county commissioners to adopt a resolution designating all or part of the unincorporated area of a county as an energy development district to allow for the construction of any or all of the following (Sec. 303.59.A):

• Economically significant wind farm;

• Large wind farm;

• Large solar facility.

• Requires the person intending to apply for a certificate to provide the following information to the board of county commissioners (Sec. 303.62.C-1):

• Whether the utility facility will be:

• A large wind farm;

• An economically significant wind farm; or

• A large solar facility.

• The maximum nameplate capacity of the utility facility;

• A map of the proposed geographic boundaries of the project within that county.

• Authorizes, no later than 90 days after the public meeting regarding an application for a certificate, or an amendment to an existing certificate, for a utility facility, the board of county commissioners to adopt a resolution that does either of the following (Sec. 303.63.A):

• Prohibits the construction of the utility facility that is the subject of the certificate; and

• Limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant.

• Requires, in all cases involving an application for a certificate or an amendment to an existing certificate for a utility facility, the board will include two ad hoc members (Sec. 4906.02-2).

• Prohibits a person from serving as an ad hoc member if the person (Sec. 4906.021.D-1):

• Is party to a lease agreement with, or has granted an easement to, the developer of a utility facility;

• Holds any other beneficial interest in a utility facility;

• Has an immediate family member who is party to a lease agreement with, or has granted an easement to, the developer of the utility facility;

• Has an immediate family member who holds any beneficial interest in a utility facility.

• Prohibits the power siting board from granting a certificate for the construction, operation, and maintenance of a utility facility, or an amendment to an existing certificate, either as proposed or as modified by the board, to be constructed in the unincorporated area of a county in which one or more energy development districts have been created, unless the utility facility is to be located in an energy development district as designated by the board of county commissioners (Sec. 4906.101.B-1).

• Specifies if a board of county commissioners has adopted a resolution which limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant, the power siting board will not grant a certificate of amendment that includes an area outside of the geographic area approved by the board of county commissioners of the county in which the utility facility is to be located (Sec. 4906.103).

Full Bill Text