Declare the state's energy siting policy

sb294_02_PS

As Passed by the Senate

136th
General Assembly

Regular
Session
Sub. S. B. No. 294

2025-2026

Senators Lang, Romanchuk

Cosponsors: Senators Brenner,
Reineke, Chavez, Cirino, Gavarone, Johnson, O'Brien, Patton, Wilson

To
enact section 4906.011 of the Revised Code
to
declare the state's energy siting policy.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
section 4906.011 of the Revised Code be enacted to read as follows:

Sec.
4906.011.
(A)
As used in this section:

(1)
"Affordable energy source" means an energy resource that
meets all of the following criteria:

(a)
Has a stable and predictable cost;

(b)
Provides a cost-effective means of heating, cooling, and generating
electricity;

(c)
Delivers substantial savings related to residential and commercial
customers comparable to energy sources listed in 42 U.S.C. 15852(b),
based on the average cost per unit of energy output calculated to
include any direct or indirect payment by any level of government for
the previous five years.

(2)
"Advanced nuclear energy technology" means generation III
technology as defined by the nuclear regulatory commission; other,
later technology; or significant improvements to existing facilities.

(3)
"Reliable energy source" means an energy resource that
meets both of the following criteria:

(a)
Is readily available at all times to meet energy demands with minimal
interruptions during high-usage periods;

(b)
When used for power generation, the resource demonstrates all of the
following:

(i)
A site-combined minimum capacity factor of fifty per cent;

(ii)
Electricity output that is capable of being dispatchable at all times
in times of need and with the capability to ramp up or down
electricity generation within one hour to stabilize the electrical
grid;

(iii)
The ability to complement and provide backup to renewable energy
resources during periods of low availability.

(4)(a)
"Clean energy source" means any energy generated by
utilizing those sources listed in 42 U.S.C. 15852(b) or hydrocarbons,
which, when combusted for the purpose of electricity generation, meet
the national ambient air quality standards set by the United States
environmental protection agency under the authority of the "Clean
Air Act," 42 U.S.C. 7401 et seq.

(b)
"Clean energy source" includes:

(i)
Energy generated by nuclear reaction;

(ii)
Energy generated using natural gas.

(5)
"Domestic production" means a fuel source that is primarily
produced within the United States.

(6)
"Infrastructure security" means primary infrastructure
necessary to deliver energy to customers that minimizes reliance on
foreign nations for critical materials or manufacturing.

(7)
"Foreign adversary nation" means any country specified in
10 U.S.C. 4872(f)(2).

(B)
It is declared to be the public policy of the state, in order to
ensure affordable, reliable, and clean energy security within the
state, pursuant to any application for certification under section
4906.06 of the Revised Code, that the state:

(1)
Employ affordable, reliable, and clean energy sources;

(2)
Ensure that the state prioritizes domestic production;

(3)
Minimize reliance on foreign adversary nations or those subject to
the provisions of 19 U.S.C. 1307 for critical materials or
manufacturing;

(4)
Ensure the use of Ohioan- and American-built infrastructure and
components necessary to deliver energy to Ohio customers.

(C)
This section shall not be interpreted to alter the criteria and
timelines for approval of applications or amendments submitted to the
Ohio power siting board under Chapter 4906. of the Revised Code as
amended by H.B. 15 of the 136th general assembly.