The OPSB is conducting a comprehensive review of its rules in Ohio Administrative Code Chapters 4906-1 to 4906-7.
The OPSB held three stakeholder meetings in 2020 and has received informal comments from a wide range of stakeholders.
- Chris Aichholz
- American Society of Landscape Architects - Ohio
- American Wind Energy Association
- Ceres BICEP (Business for Innovative Climate and Energy Policy) Network
- Champaign County Prosecutor's Office
- Citizens for Greene Acres
- Ed Clark
- Columbus Partnership
- W. Susan Dempsey
- EDP Renewables
- International Brotherhood of Electrical Workers
- Kevin Ledet, Greenwich Neighbors United
- Neighbors Opposed to Pipeline Extension
- ODOT Office of Aviation
- Ohio Historic Preservation Office
- Ohio University
- Stephen Ploetz
- Walt Poffenbaugh, Huron County anti-wind interests
- Chris Popa
- State Rep. Bill Reineke
- State Rep. Bill Seitz
- Seneca Anti-Wind Union
- Seneca County Prosecutor
- Union Neighbors United
- Utility Scale Solar Energy Coalition of Ohio (USSEC) | USSEC #2
Rulemaking docket and public workshop
After carefully considering stakeholder feedback, the OPSB will open a rulemaking docket in 2021. The OPSB will schedule a public workshop to provide an opportunity for interested Ohioans to offer direct input.
Formal comment period
Following the public workshop, the OPSB will issue draft rules, taking into account the input received. Stakeholders and the public will then have an opportunity to file formal written comments regarding the draft rules. The comment period will be established in a procedural entry. Once all comments and replies have been considered, the OPSB will issue an order approving final rules and directing the rules to be filed with Ohio Legislature’s Joint Committee on Agency Rule Review (JCARR).
Once new rules or changes to existing rules are approved by the OPSB, the proposed rules are filed for JCARR review. JCARR reviews proposed new, amended, and rescinded rules to ensure that:
- The rules do not exceed the scope of the OPSB’s statutory authority.
- The rules do not conflict with the OPSB’s existing rules or those of another rulemaking agency.
- The rules do not conflict with the intent of the Legislature in enacting the statute under which the rule is proposed.
- The OPSB has submitted a complete and accurate summary and fiscal analysis of the proposed rule, amendment, or rescission.
- The OPSB has demonstrated through the business impact analysis, recommendations from the Common Sense Initiative office, and the memorandum of response that the regulatory intent of the proposed rule or revised proposed rule justifies its adverse impact on businesses in this state, if any.
Effective date of new rules
The effective date of a rule is determined by two different factors:
- The date on which the rule leaves JCARR jurisdiction (which lasts 65 days from the date of original filing or 30 days from the date of refiling); and
- The date on which the OPSB files the rule in final form with JCARR.
The OPSB assigns an effective date which cannot be less than 10 days from the date of final filing.