Regional Siting Climate: desk report

The rule

Code computed the rating from the assessor's inputs:

impact_likely=yes -> 2

Set by the rule

Decision

Released with flags

The engine's reasons

• Numbers not found in cited evidence: 03, 05, 12, 2023, 28
• Agencies not in the register or the evidence: OPSB

Evidence state

INFERRED · reasoned from several records

The assessor's comments

Ohio SB 52 county veto power reaches the project; the PJM exemption does not apply. Commissioners may prohibit the facility or limit its boundaries within 90 days of the county meeting. No restricted-area resolution for Harrison Township was found as of 2023-03-28. Commissioners took no action at the 2023-05-12 meeting. Sources are not exhaustive.

Worst case

If what is pending at the cut-off went badly, the same rule gives a higher rating.

• Present: yes

  The SB 52 county veto and restricted-area power reaches the project: the PJM exemption does not apply because AH1-931 entered window AH1 (C-d95cdabeb7, C-5d2a9e4a3a). Commissioners may prohibit the facility or limit its boundaries within 90 days of the county meeting (C-33a9601349) and may designate restricted areas (C-a1e4999eda). Counsel found no restricted-area resolution for Harrison Township as of 2023-03-28 (C-0fe7f42a17). The absence of county and township zoning (C-09acff9294) does not touch the separate ORC 303.57-303.62 powers (C-68cb5c0292), so the absence claims do not conflict with presence of the veto power.

  Cites C-d95cdabeb7, C-5d2a9e4a3a, C-33a9601349, C-a1e4999eda, C-0fe7f42a17, C-09acff9294, C-68cb5c0292

• Extent: unknown

  The veto power reaches the project, but the room holds no dated record of the county or adjoining counties using it, or of denials by the state siting authority, in the prior 24 months. The Board took no action at the 2023-05-12 meeting (C-27017a88b6). Core is not established and the record does not support peripheral, so extent is unknown.

  Cites C-d95cdabeb7, C-27017a88b6

• Avoidable: partly

  The project has no exemption, grandfathering or vested protection (C-d95cdabeb7). The county could act before approval within the 90-day window (C-33a9601349, C-27017a88b6). No bar was found over the site as of 2023-03-28 (C-0fe7f42a17), so a bar is not yet shown. Residents have asked the Board to act (C-24271b647d); that opposition is rated in CO-02 and used here only as context.

  Cites C-d95cdabeb7, C-33a9601349, C-27017a88b6, C-0fe7f42a17, C-24271b647d

• Pathway: standard

  No restriction covering the site was found as of 2023-03-28 (C-0fe7f42a17), and no denial by OPSB or the county of a same-technology project is recorded. Commissioners had taken no action at the meeting (C-27017a88b6). Individual and prohibition are not supported as of the cut-off.

  Cites C-0fe7f42a17, C-27017a88b6

• Impact likely: yes

  A local veto/restriction power reaches the project, which is sufficient for yes under this row's guidance (C-d95cdabeb7). The county meeting under ORC 303.61 has occurred and a decision is pending (C-27017a88b6). Neighbours' stated intent to intervene is rated in CO-02 and not relied on here.

  Cites C-d95cdabeb7, C-27017a88b6

Supporting statements (9)

Each claim the row cites: the statement in the assessor's words, then the quote the engine found on the page.

1. C-09acff9294

   Carroll County has not adopted a county zoning resolution, and Harrison Township has not adopted a township zoning resolution under ORC Chapter 519.

   Carroll County has not adopted a county zoning resolution. Harrison Township has not adopted a township zoning resolution under ORC Chapter 519.

   Zoning Verification - Tamsin Ridge Solar and Storage Project · DR-0022 · Page 1 · 2023-02-14

   Source agency_determination · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100

   Cited by PE-01 · Filed under PE-01, PE-07

   See it on page 1, claim C-09acff9294

2. C-0fe7f42a17

   Counsel's search found no ORC 303.58 restricted-area resolution for Harrison Township on the conference date.

   Counsel's search found no such resolution for Harrison Township on the date of the

   OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 1 · 2023-03-28

   Source consultant_memo · Claim type absence · Polarity absence · Confidence high · Quote check exact, 100 of 100

   Cited by PE-01 · Filed under PE-01, PE-07

   See it on page 1, claim C-0fe7f42a17

3. C-24271b647d

   A petition signed by 212 residents asks commissioners to adopt a resolution prohibiting the facility and designate Harrison Township a restricted area for large solar.

   It asks the Board of County Commissioners to adopt a resolution under ORC 303.62 prohibiting the facility and to designate Harrison Township a restricted area for large solar facilities under ORC 303.58.

   Summary of the County Public Meeting under ORC 303.61 - Tamsin Ridge · DR-0023 · Page 1 · 2023-05-12

   Source developer_document · Claim type stakeholder · Polarity presence · Confidence high · Quote check exact, 100 of 100

   Cited by CO-02, PE-01 · Filed under CO-02, PE-01, PE-07

   See it on page 1, claim C-24271b647d

4. C-27017a88b6

   Commissioners took no action at the meeting; the Board would decide within the statutory 90 days after the meeting.

   One commissioner said the Board would decide within the 90 days the statute allows after this meeting

   Summary of the County Public Meeting under ORC 303.61 - Tamsin Ridge · DR-0023 · Page 1 · 2023-05-12

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

   Cited by CO-02, PE-01 · Filed under CO-02, PE-01, PE-07

   See it on page 1, claim C-27017a88b6

5. C-33a9601349

   Within 90 days after the county public meeting, the Board of County Commissioners may adopt a resolution prohibiting the facility or limiting its boundaries (ORC 303.62).

   the Board of County Commissioners may adopt a resolution prohibiting the facility or limiting its boundaries (ORC 303.62)

   OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 1 · 2023-03-28

   Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100

   Cited by CO-02, PE-01 · Filed under CO-02, PE-01, PE-07

   See it on page 1, claim C-33a9601349

6. C-5d2a9e4a3a

   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"

   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"

   Context check: Local veto and restriction powers: exemptions and grandfathering · CX-0030 · Page 1 · Undated

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

   See it on page 1, claim C-5d2a9e4a3a

7. C-68cb5c0292

   ORC 303.57 to 303.62 give the Board of County Commissioners separate powers over large solar facilities, outside the scope of the letter.

   We note that ORC 303.57 to 303.62 give the Board of County Commissioners separate powers over large solar facilities, which are outside the scope of this letter.

   Zoning Verification - Tamsin Ridge Solar and Storage Project · DR-0022 · Page 1 · 2023-02-14

   Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100

   Filed under PE-01, PE-07

   See it on page 1, claim C-68cb5c0292

8. C-a1e4999eda

   A resolution designating restricted areas under ORC 303.58 would bar an application for a facility within them.

   a resolution designating restricted areas under ORC 303.58 would bar an application for a

   OPSB Pre-Application Conference Summary - Tamsin Ridge Solar and Storage Project · DR-0026 · Page 1 · 2023-03-28

   Source agency_determination · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100

   Cited by PE-01 · Filed under PE-01, PE-07

   See it on page 1, claim C-a1e4999eda

9. 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.

   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.

   Context check: Local veto and restriction powers: exemptions and grandfathering · CX-0030 · Page 1 · Undated

   Source computed · Claim type regulatory · Polarity presence · Confidence high · Quote check exact, 100 of 100

   See it on page 1, claim C-d95cdabeb7

• Re-check county records for any restricted-area or prohibition resolution after 2023-03-28 and track the Commissioners' 90-day decision.
• Engage county commissioners directly.
• Confirm adjacent-county and OPSB decisions on solar.

Agencies