By Gongwer Staff
Posted: July 13, 2021 1:05 PM

After a winding journey through both chambers, a much-debated measure to modify the siting process for renewable energy projects is now law.

Gov. Mike DeWine signed the bill (SB 52) on Monday without comment or ceremony.

The measure was among a flurry of legislation passed in the run up to summer break and will now take effect in 90 days.

Drawing hundreds of witnesses in both chambers, the law proved a sharp point of contention between renewable developers seeking to protect and frustrated stakeholder who said they were deprived a voice in the Ohio Power Siting Board process.

The law enables county commissioners subject to referendum to establish a restricted area to prohibit any economically significant or large wind or solar facility or a material amendment to an existing facility. (LSC Analysis)

It requires an applicant to first hold public meetings in each county in the project footprint and to provide certain information to the public and the board of commissioners at that meeting. Commissioners could then vote to block or narrow the scope of that project.

Additionally, the law expands the Siting Board in those cases to include two ad hoc voting members representing the counties and townships impacted by the project being voted on.

Other provisions:

Require the Siting Board to notify a board of township trustees or county commissioners of an application in their footprint;

Prohibits Siting Board approval of a certificate or material amendment if the application contains different information than that shared with local officials;

Establishes decommissioning requirements for wind and solar facilities including that applicants submit a comprehensive decommissioning plan for board review and approval.

The bill and its companion (HB 118) began similar in premise to prior legislation that failed to advance in previous sessions. But it drew immediate attention for the inclusion of solar generation, as prior versions of the bill had centered solely on wind.

Sizable changes were made, however, through the process as sponsors sought to navigate the competing viewpoints of developers and property owners.

After several hearings before the Senate Energy & Public Utilities Committee, activity increased in May after joint sponsor Sen. Rob McColley (R-Napoleon) was appointed chair of the committee, taking the lead role in ushering it through the Senate.

Sen. McColley and joint sponsor Sen. Bill Reineke (R-Tiffin) crafted several changes to the bill as it moved through the Senate, ultimately passing 20-13. (See Gongwer Ohio Report, June 2, 2021)

The measure continued undergoing several makeovers before the House Public Utilities Committee, which had spent the early part of the year reviewing the companion bill from Rep. Dick Stein (R-Norwalk) and Rep. Craig Riedel (R-Defiance).

SB52 ultimately passed the House 52-43 after six hearings over a 12-day span, teeing up a Senate concurrence shortly before 1 a.m. on the legislature's final session of June. (See Gongwer Ohio Report, June 28, 2021)