Skip to content

Context check: Local veto and restriction powers: exemptions and grandfathering

C-5d2a9e4a3a · Page 1 of 3 · CX-0030 · Undated

The claim, in the assessor's words

State siting law in force by the cut-off, as catalogued for OH: (1) Sub. S.B. 52 (134th General Assembly), uncodified Section 4(A), effective 2021-10-11: "SECTION 4. (A) The provisions of this act shall not apply to any application for a certificate, or material amendment to an existing certificate, from the power siting board for a large solar facility" (2) Sub. S.B. 52, uncodified Section 4(B), effective 2021-10-11: "(B) For any large solar facility that meets the requirements of division (A) of this section and has multiple positions in the PJM new services queue under the same legal entity as the applicant, all of the queue positions in effect as of the effective date of this section shall be exempt from the provisions of this act, subject to division (C) of this section" (3) Sub. S.B. 52, uncodified Section 4(C), effective 2021-10-11: "(C) If, after the effective date of this section, an applicant for a large solar facility files an additional new service request with PJM, pertaining to the same facility that is in the new services queue, the application shall be subject to review by the board of county commissioners of the county in which the utility facility is to be located" (4) Sub. S.B. 52, uncodified Section 4(D), effective 2021-10-11: "(D) If, after the effective date of this section, in order to participate in PJM's capacity market, a large solar facility submits a new queue position for an increase in its capacity interconnection rights, the change in capacity interconnection rights shall not subject the facility to the provisions of this act, provided that the change in rights occurs without increasing the facility's nameplat" (5) Sub. S.B. 52, uncodified Section 5; ORC 4906.02, 4906.021, 4906.022, effective 2021-10-11: "SECTION 5. For all power siting board proceedings under which an application for a certificate, or a material amendment to an existing certificate, for an economically significant wind farm, large wind farm, or a large solar facility that has not been found to be in compliance with division (A) of section 4906.06 of the Revised Code by the chairperson of the power siting board or the chairperson's" (6) ORC 303.58(E) (enacted by SB 52, effective 2021-10-11), effective 2021-10-11: "(E) A resolution adopted under this section shall not affect the construction of a utility facility that was presented to the board of county commissioners under section 303.61 of the Revised Code, and the board did not adopt a resolution prohibiting the facility within the time required under section 303.62 of the Revised Code" (7) ORC 303.58-303.60, 4906.101 (SB 52, effective 2021-10-11), effective 2021-10-11: "If a resolution described in this section is adopted and becomes effective under sections 303.58 and 303.59 of the Revised Code, no person shall file, and the power siting board shall not accept, an application for a certificate, or a material amendment to an existing certificate, to construct, operate, or maintain a utility facility in a restricted area where the construction of such a utility fa" (8) ORC 303.61, 303.62, 4906.30, 4906.102, 4906.103 (SB 52, effective 2021-10-11), effective 2021-10-11: "(A) At least ninety days, but not more than three hundred days, prior to applying for a certificate from the power siting board, or a material amendment to an existing certificate, for a utility facility, to be located in whole or in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located" (9) ORC 303.57(C) (SB 52, effective 2021-10-11), effective 2021-10-11: "(C)(1) "Material amendment" means an amendment to an existing power siting board certificate for the construction, operation, or maintenance of a utility facility that does any of the following: (a) For utility facilities: (i) Changes the facility's generation type from one type of utility facility to another; (ii) Increases the facility's nameplate capacity; (iii) Changes the boundaries of the fa"

Quoted from page 1
State siting law in force by the cut-off, as catalogued for OH: (1) Sub. S.B. 52 (134th General Assembly), uncodified Section 4(A), effective 2021-10-11: "SECTION 4. (A) The provisions of this act shall not apply to any application for a certificate, or material amendment to an existing certificate, from the power siting board for a large solar facility" (2) Sub. S.B. 52, uncodified Section 4(B), effective 2021-10-11: "(B) For any large solar facility that meets the requirements of division (A) of this section and has multiple positions in the PJM new services queue under the same legal entity as the applicant, all of the queue positions in effect as of the effective date of this section shall be exempt from the provisions of this act, subject to division (C) of this section" (3) Sub. S.B. 52, uncodified Section 4(C), effective 2021-10-11: "(C) If, after the effective date of this section, an applicant for a large solar facility files an additional new service request with PJM, pertaining to the same facility that is in the new services queue, the application shall be subject to review by the board of county commissioners of the county in which the utility facility is to be located" (4) Sub. S.B. 52, uncodified Section 4(D), effective 2021-10-11: "(D) If, after the effective date of this section, in order to participate in PJM's capacity market, a large solar facility submits a new queue position for an increase in its capacity interconnection rights, the change in capacity interconnection rights shall not subject the facility to the provisions of this act, provided that the change in rights occurs without increasing the facility's nameplat" (5) Sub. S.B. 52, uncodified Section 5; ORC 4906.02, 4906.021, 4906.022, effective 2021-10-11: "SECTION 5. For all power siting board proceedings under which an application for a certificate, or a material amendment to an existing certificate, for an economically significant wind farm, large wind farm, or a large solar facility that has not been found to be in compliance with division (A) of section 4906.06 of the Revised Code by the chairperson of the power siting board or the chairperson's" (6) ORC 303.58(E) (enacted by SB 52, effective 2021-10-11), effective 2021-10-11: "(E) A resolution adopted under this section shall not affect the construction of a utility facility that was presented to the board of county commissioners under section 303.61 of the Revised Code, and the board did not adopt a resolution prohibiting the facility within the time required under section 303.62 of the Revised Code" (7) ORC 303.58-303.60, 4906.101 (SB 52, effective 2021-10-11), effective 2021-10-11: "If a resolution described in this section is adopted and becomes effective under sections 303.58 and 303.59 of the Revised Code, no person shall file, and the power siting board shall not accept, an application for a certificate, or a material amendment to an existing certificate, to construct, operate, or maintain a utility facility in a restricted area where the construction of such a utility fa" (8) ORC 303.61, 303.62, 4906.30, 4906.102, 4906.103 (SB 52, effective 2021-10-11), effective 2021-10-11: "(A) At least ninety days, but not more than three hundred days, prior to applying for a certificate from the power siting board, or a material amendment to an existing certificate, for a utility facility, to be located in whole or in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located" (9) ORC 303.57(C) (SB 52, effective 2021-10-11), effective 2021-10-11: "(C)(1) "Material amendment" means an amendment to an existing power siting board certificate for the construction, operation, or maintenance of a utility facility that does any of the following: (a) For utility facilities: (i) Changes the facility's generation type from one type of utility facility to another; (ii) Increases the facility's nameplate capacity; (iii) Changes the boundaries of the fa"

Source public_record · Claim type regulatory · Polarity neutral · Confidence high · Quote check exact, 100 of 100

Cited by PE-07 Regional Siting Climate · Filed under PE-07

On the page

The page text exactly as the engine read it, with the quote marked.

Placed verbatim · The quote occurs on the page exactly as written.

Read as context

Go to the marked quote

CONTEXT CHECK: Local veto and restriction powers: exemptions and grandfathering Generated by the Risk Matrix engine's context stage from public records published on or before the information cut-off (2023-08-01). Status: ok. FINDINGS Under Ohio's SB 52 (effective 2021-10-11) the board of county commissioners may designate restricted areas that bar large solar facilities, and within 90 days of the required county public meeting may prohibit the facility or limit its boundaries; two voting ad hoc local members sit on the Power Siting Board. This power reaches the project: the SB 52 Section 4 PJM exemption does not apply, because position AH1-931 entered window AH1 (closed 2021-09-30); under the operator's published study timing its system impact study could not be complete before 2022-04-30. Quote starts. State siting law in force by the cut-off, as catalogued for OH: (1) Sub. S.B. 52 (134th General Assembly), uncodified Section 4(A), effective 2021-10-11: "SECTION 4. (A) The provisions of this act shall not apply to any application for a certificate, or material amendment to an existing certificate, from the power siting board for a large solar facility" (2) Sub. S.B. 52, uncodified Section 4(B), effective 2021-10-11: "(B) For any large solar facility that meets the requirements of division (A) of this section and has multiple positions in the PJM new services queue under the same legal entity as the applicant, all of the queue positions in effect as of the effective date of this section shall be exempt from the provisions of this act, subject to division (C) of this section" (3) Sub. S.B. 52, uncodified Section 4(C), effective 2021-10-11: "(C) If, after the effective date of this section, an applicant for a large solar facility files an additional new service request with PJM, pertaining to the same facility that is in the new services queue, the application shall be subject to review by the board of county commissioners of the county in which the utility facility is to be located" (4) Sub. S.B. 52, uncodified Section 4(D), effective 2021-10-11: "(D) If, after the effective date of this section, in order to participate in PJM's capacity market, a large solar facility submits a new queue position for an increase in its capacity interconnection rights, the change in capacity interconnection rights shall not subject the facility to the provisions of this act, provided that the change in rights occurs without increasing the facility's nameplat" (5) Sub. S.B. 52, uncodified Section 5; ORC 4906.02, 4906.021, 4906.022, effective 2021-10-11: "SECTION 5. For all power siting board proceedings under which an application for a certificate, or a material amendment to an existing certificate, for an economically significant wind farm, large wind farm, or a large solar facility that has not been found to be in compliance with division (A) of section 4906.06 of the Revised Code by the chairperson of the power siting board or the chairperson's" (6) ORC 303.58(E) (enacted by SB 52, effective 2021-10-11), effective 2021-10-11: "(E) A resolution adopted under this section shall not affect the construction of a utility facility that was presented to the board of county commissioners under section 303.61 of the Revised Code, and the board did not adopt a resolution prohibiting the facility within the time required under section 303.62 of the Revised Code" (7) ORC 303.58-303.60, 4906.101 (SB 52, effective 2021-10-11), effective 2021-10-11: "If a resolution described in this section is adopted and becomes effective under sections 303.58 and 303.59 of the Revised Code, no person shall file, and the power siting board shall not accept, an application for a certificate, or a material amendment to an existing certificate, to construct, operate, or maintain a utility facility in a restricted area where the construction of such a utility fa" (8) ORC 303.61, 303.62, 4906.30, 4906.102, 4906.103 (SB 52, effective 2021-10-11), effective 2021-10-11: "(A) At least ninety days, but not more than three hundred days, prior to applying for a certificate from the power siting board, or a material amendment to an existing certificate, for a utility facility, to be located in whole or in part in the unincorporated area of a county, the person intending to apply shall hold a public meeting in each county where the utility facility is to be located" (9) ORC 303.57(C) (SB 52, effective 2021-10-11), effective 2021-10-11: "(C)(1) "Material amendment" means an amendment to an existing power siting board certificate for the construction, operation, or maintenance of a utility facility that does any of the following: (a) For utility facilities: (i) Changes the facility's generation type from one type of utility facility to another; (ii) Increases the facility's nameplate capacity; (iii) Changes the boundaries of the fa" Quote ends.

The page

This document has no page picture (only PDF and image documents have one).

Other claims quoted on this page

  • C-d95cdabeb7

    Under Ohio's SB 52 (effective 2021-10-11) the board of county commissioners may designate restricted areas that bar large solar facilities, and within 90 days of the required county public meeting may prohibit the facility or limit its boundaries; two voting ad hoc local members sit on the Power Siting Board. This power reaches the project: the SB 52 Section 4 PJM exemption does not apply, because position AH1-931 entered window AH1 (closed 2021-09-30); under the operator's published study timing its system impact study could not be complete before 2022-04-30.

Lumerian Labs 2026