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hb853_00_IN
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 853
2025-2026
Representatives Cockley, Rader
To
enact sections 4906.23, 4906.231, 4906.232, 4906.233, 4906.234,
4906.235, 4906.236, 4906.237, 4906.238, and 4906.239 of the Revised
Code
regarding
power siting board certification and decommissioning of a natural gas
fuel cell facility.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 4906.23, 4906.231, 4906.232, 4906.233, 4906.234, 4906.235,
4906.236, 4906.237, 4906.238, and 4906.239 of the Revised Code be
enacted to read as follows:
Sec.
4906.23.
For
the purposes of this section and sections 4906.231 to 4906.239 of the
Revised Code:
(A)
"Applicant" means an entity or person that applies for a
certification for construction and operation of a major utility
facility under Chapter 4906. of the Revised Code.
(B)
"Local political subdivision" means the official
legislative body or governing authority of a municipal corporation or
an unincorporated area of a township.
(C)
"Natural gas fuel cell" means a fuel cell that uses natural
gas as its fuel, internally converting it into hydrogen and
generating electricity electrochemically, without combustion.
(D)
"Natural gas fuel cell facility" means an installation,
building, or complex that houses one or more natural gas fuel cells,
associated property, and equipment.
Sec.
4906.231.
The
owner or operator of a natural gas fuel cell facility shall provide
site plans, maps, and broad technology information to the affiliated
local fire department that serves the area in which the facility is
located so the department may plan for fire and safety needs.
Sec.
4906.232.
The
owner or operator of a natural gas fuel cell facility shall provide a
written report to the appropriate local political subdivision in the
event of an accident or any adverse activity within or related to a
natural gas fuel cell facility. The written report shall include
details of the event, any known causes, and any corrective actions
and adjustments made to prevent future incidents.
Sec.
4906.233.
At
least sixty days prior to the commencement of construction of a
natural gas fuel cell facility, the applicant shall submit a
comprehensive decommissioning plan for review and approval by the
power siting board.
Sec.
4906.234.
(A)
The decommissioning plan submitted to the power siting board under
section 4906.233 of the Revised Code shall be prepared by a
professional engineer registered with the state board of registration
for professional engineers and surveyors. The board may reject the
engineer chosen by the applicant and require the applicant to choose
another qualified engineer.
(B)
The plan shall contain the following:
(1)
A list of all parties responsible for decommissioning;
(2)
A schedule of decommissioning activities, not to extend beyond twelve
months from the date the natural gas fuel cell facility ceases to
operate;
(3)
An estimate of the full cost of decommissioning the natural gas fuel
cell facility, including the proper disposal of all facility
components and restoration of the land on which the facility is
located to its pre-construction state. The estimate shall not take
into account the salvage value of any materials from the facility.
Sec.
4906.235.
The
estimate of the total decommissioning costs of a natural gas fuel
cell facility, as described in division (B)(3) of section 4906.234 of
the Revised Code, shall be recalculated every five years by an
engineer retained by the applicant.
Sec.
4906.236.
Prior
to beginning construction, the applicant shall post a performance
bond to ensure that funds are available for the decommissioning of
the natural gas fuel cell facility. The power siting board shall be
the obligee of the bond.
Sec.
4906.237.
The
performance bond required by section 4906.236 of the Revised Code
shall be equal to the estimate of the costs of decommissioning
included in the decommissioning plan described in section 4906.234 of
the Revised Code.
Sec.
4906.238.
(A)
The performance bond for the decommissioning of a natural gas fuel
cell facility shall be updated every five years, based on the most
recent estimates, as described in section 4906.235 of the Revised
Code.
(B)
If the costs of decommissioning are greater in the most recent
estimate than the costs of the immediately preceding estimate, the
performance bond shall be increased proportionately.
(C)
If the costs of decommissioning are lower in the most recent estimate
than the costs of the immediately preceding estimate, the performance
bond shall not be decreased.
Sec.
4906.239.
(A)
The requirements in sections 4906.231 and 4906.232 of the Revised
Code concerning sharing information for fire safety purposes and
reporting natural gas fuel cell incidents apply to all certified
natural gas fuel cell facilities, whether existing as of the
effective date of this section or approved afterward.
(B)
The requirements in sections 4906.233 to 4906.238 of the Revised Code
apply only to natural gas fuel cell facilities that have not been
certified by the power siting board as of the effective date of this
section.