Sub. S.B. 187 - Ohio LSC › documents › gaDocuments › ...cooperative or contractual arrangement with any individual, agency, organization, or business entity to assist DNR in

Bill Analysis

Legislative Service Commission

Sub. S.B. 187* 122nd General Assembly

(As Reported by S. Energy, Natural Resources, & Environment)

Sen. White

General provisions

• Includes law enforcement officers of the Department of Natural Resources (DNR), township park district law enforcement officers, metropolitan park district law enforcement officers, and conservancy district law enforcement officers in the general statutory definition of "peace officer," thus making various statutory provisions that apply to peace officers under existing law applicable to those officers.

• Authorizes the Director of Natural Resources to designate a natural resources law enforcement staff officer and specifies such an officer's duties.

• Authorizes the Director to lease office space and storage accommoda-tions for DNR and stipulates that the power of the Department of Administrative Services governing the acquisition of real estate and the leasing of office and storage space for state agencies cannot interfere with the Director's power to acquire real property rights or privileges necessary for DNR's purposes.

• Requires the Director to establish guidelines for entering into a cooperative or contractual arrangement with any individual, agency, organization, or business entity to assist DNR in funding a program or project through securing such things as donations, sponsorships, marketing, advertising, and licensing arrangements.

* This analysis was prepared before the report of the Senate Energy, Natural Resources, and Environment Committee appeared in the Senate Journal. Note that the list of co-sponsors and the legislative history may be incomplete.

Legislative Service Commission -2- Sub. S.B. 187

Division of Recycling and Litter Prevention

• Revises the method of calculating the matching contribution required for certain joint solid waste management districts that are applicants for litter prevention assistance grants.

Division of Forestry

• Authorizes the Chief of the Division to charge fees for products and services provided by the Division that benefit private lands and waters.

• Allows the Chief to sell timber and other forest products from, and to grant mineral rights on, state forest nurseries and provides that moneys so generated are to be distributed in the same manner as moneys generated from those activities from and on state forests.

• Extends the enforcement authority of forest officers to highways that are adjacent to lands and waters managed by the Division.

Division of Geological Survey

• Changes the submission deadline for the annual reports from operators engaged in the extraction of minerals from February 28 to January 31, and requires that moneys from fines collected for failure to submit the reports be deposited in the Geological Mapping Fund.

• Removes the requirement that the Division file an expense report with the General Assembly.

Division of Real Estate and Land Management

• Removes the requirement that recipients of Coastal Management Assistance Grants be located in whole or in part in the coastal area.

• Authorizes, rather than requires, the Director of Natural Resources to provide notice of the receipt of an application for a lease or permit under the submerged lands program, and provides an alternative method of describing the affected territory in an application.

Division of Oil and Gas


• Exempts certain activities by natural gas producers and gatherers from regulation by the Public Utilities Commission.

• Eliminates specified information currently required to be included in an application for an oil or gas well permit, and revises the requirements governing the expedited review of applications.

• Retains the requirement that a permit holder obtain liability insurance, but removes the requirement that the holder file a certificate of insurance with the Division, and allows the owner of an exempt Mississippian or domestic well to file a one-time $50 fee in lieu of a surety bond.

• Allows the owner of land on which is located an abandoned well, in lieu of plugging the well, to transfer ownership of it to another person who has the right to drill on a tract or drilling unit and to drill into and produce from a pool, subject to specified conditions.

Division of Mines and Reclamation

• Combines the Defaulted Areas Fund with the Reclamation Supplemental Forfeiture Fund, revises the sources and amounts of moneys credited to that fund, and makes permanent the additional severance tax of 1¢ per ton of coal that is credited to the fund and currently imposed only when the balance in the fund is reduced below specified amounts.

• Requires the Chief of the Division to regulate the beneficial use of coal combustion byproducts at surface and underground coal mining operations regulated under the Coal Surface Mining Law and on all abandoned mine lands reclaimed under that law, and specifies requirements governing that regulation.

• Expands the list of public entities with which the Chief may conduct cooperative reclamation projects.

Division of Soil and Water Conservation

• Replaces the requirements and procedures governing the execution of certain contracts by the supervisors of soil and water conservation districts with the existing requirements and procedures governing boards of county commissioners.


• Authorizes a board of county commissioners, for the purpose of levying a maintenance assessment for an improvement recommended by the supervisors of a soil and water conservation district and subsequently constructed, to use the procedures established in the Ditch Maintenance Fund Law regarding maintenance of ditch improvements rather than the procedures specifically governing maintenance assessments for such soil and water conservation improvements.

Division of Natural Areas and Preserves

• Transfers preserve officers from coverage under the regular retirement provisions of the Public Employees Retirement System to coverage under the PERS retirement provisions for law enforcement officers.

• Transfers administration of the ginseng management program to the Division of Wildlife.

Division of Water

• Allows water to be withdrawn for domestic use from a canal or canal reservoir without the execution of a sale or lease, and reduces the civil penalty for the illegal diversion of water for industrial or commercial use from a canal or canal reservoir from $5,000 to $1,000 per day of violation.

• Authorizes the Chief of the Division, with the Director's approval, to sell, lease, or transfer minerals or mineral rights from canal lands.

• Gives the Chief authority for the collection and interpretation of water quantity information and data; authorizes the Chief, primarily with regard to water quantity and availability, to negotiate for the state with any federal agency or agency of another state pertaining to the state's water resources; and specifies that the Environmental Protection Agency has such authority primarily with regard to water quality.

• Revises the Chief's duties regarding water management.


Division of Wildlife

• Clarifies certain of the types of birds and quadrupeds included on the game bird and game quadruped lists, and adds flying squirrels and chipmunks to the latter.

• Replaces the tourist's small game hunting license with a tourist's hunting license that allows the license holder to hunt more of the birds and quadrupeds on the game bird and quadruped lists than are currently allowed.

• Provides for the seizure and forfeiture of any motor vehicle, all-terrain vehicle, or boat used in the unlawful transporting of wild animals.

• Provides that any person who is responsible for causing or allowing an unauthorized release of material that results in the death of a wild animal and that necessitates an investigation by the Division, or who unlawfully takes, possesses, or sells wild animals in a manner that necessitates an investigation by the Division regarding the death of a wild animal, is liable to the Division for costs incurred in the investigation.

• Authorizes wildlife officers to render assistance to state and local law enforcement officers under specified circumstances.

• Authorizes wildlife officers to enforce the existing prohibition against carrying or using any firearm or dangerous ordnance while under the influence of alcohol or any drug of abuse.

• Under the transferred ginseng management program, requires the adoption of rules establishing a certification program for all legally harvested ginseng whether or not it is exported or bought and sold outside the buying season, and prohibits the harvesting of wild ginseng on public property.

• Expands the sources of revenue for the Wildlife Habitat Fund.

• Authorizes the Chief of the Division to barter or sell wild animals to other states, state or federal agencies, and conservation or zoological organizations.


• Includes reptiles and amphibians within the scope of commercial and noncommercial propagating licenses.

• Requires the Chief to adopt rules establishing standards and guidelines for the administration of contraceptive chemicals to noncaptive wild animals.

Division of Watercraft

• Establishes specific requirements governing the types of personal flotation devices to be carried on commercial vessels, replaces the requirement that flashing lights on law enforcement vessels be blue with the requirement that such lights be of a color conforming with federal requirements, revises certain portions of the prohibition against operating a vessel in a no wake zone, and expands the prohibitions governing the use of visual distress signals.

• With regard to the requirements governing the operation of vessels established under the Watercraft and Waterways Law, generally prohibits operating or permitting the operation of vessels in violation of those requirements.

• Requires the law enforcement officer who arrests a person for operating a vessel while under the influence of alcohol or a drug of abuse to seize the certificate and tags from the vessel if the person refuses a chemical test and forward them to the Chief of the Division rather than requiring the Chief to impound them as under current law, and requires the Chief to retain the certificate and tags and impound all other registration certificates and tags issued to the person under the Watercraft and Waterways Law for one year following the date of the alleged violation.

• Provides for the temporary registration of watercraft under specified circumstances and establishes requirements governing that registration.

• Provides for the delegation of certain of the Chief's registration duties to an authorized agent.

• Allows unclaimed vessels or outboard motors that have been ordered into storage to be disposed of to nonprofit organizations.


• Allows the Chief to adopt rules establishing fees and charges for specified services provided by the Division and to sell items related to or that promote boating safety.

• Reinstates the requirement that certificates of title be issued for rowboats.

• Extends the duty of insurance companies and agents to cooperate in the investigation of fraudulent claims regarding motor vehicle insurance also to cooperate in the investigation of fraudulent claims regarding vessel insurance.

Division of Civilian Conservation

• Removes the requirement that the Chief of the Division divide the state into conservation areas.

• Expands the guidelines regarding the types of experiences to be provided to civilian conservation program participants, and extends the time period participants are eligible to remain in the program to 24 months at the Chief's discretion.

• Replaces the specific requirements governing the types of services and personnel to be furnished for residential and nonresidential programs with a general requirement that the Chief appoint appropriate personnel and ensure that appropriate facilities are available.

TABLE OF CONTENTS

Introduction .............................................................................................................. 8 General provisions .................................................................................................... 9

Designation of DNR, park district, and conservancy district law enforcement officers as peace officers ................................................................. 9 Natural resources law enforcement staff officer ................................................ 10 Miscellaneous provisions ................................................................................... 11

Division of Recycling and Litter Prevention .......................................................... 12 Division of Forestry ................................................................................................ 13 Division of Geological Survey ............................................................................... 14 Division of Real Estate and Land Management ..................................................... 14 Division of Oil and Gas .......................................................................................... 15

Exclusion of certain activities from regulation by Public Utilities Commission ........................................................................................................ 15


Permit applications ............................................................................................. 16 Financial responsibility ...................................................................................... 16 Plugging and abandonment ................................................................................ 18 Definitions .......................................................................................................... 19

Division of Mines and Reclamation ....................................................................... 19 Funds; severance tax .......................................................................................... 19 Coal combustion byproducts .............................................................................. 21 Cooperative projects ........................................................................................... 22

Division of Soil and Water Conservation .............................................................. 23 Division of Natural Areas and Preserves ............................................................... 24 Division of Water ................................................................................................... 25

Canals and canal lands ....................................................................................... 25 Duties of the Chief ............................................................................................. 26 Well logs ............................................................................................................. 27

Division of Wildlife ................................................................................................ 27 Hunting and fishing ............................................................................................ 27 Enforcement ....................................................................................................... 28 Ginseng management program ........................................................................... 30 Miscellaneous provisions ................................................................................... 32

Division of Parks and Recreation ........................................................................... 34 Division of Watercraft ............................................................................................ 34

Operating requirements and prohibitions ........................................................... 34 Operation of vessel under influence of alcohol or drug of abuse ...................... 36 Temporary registration of watercraft ................................................................. 37 Delegation of specified registration duties of the Chief ..................................... 39 Unclaimed vessels and outboard motors ............................................................ 40 Fees for services; sale of specified items ........................................................... 40 Certificates of title .............................................................................................. 40 Insurance fraud ................................................................................................... 41

Division of Civilian Conservation .......................................................................... 41

CONTENT AND OPERATION

Introduction

S.B. 187 makes changes in the statutes governing most of the Divisions in the Department of Natural Resources (DNR). In some cases, those changes are fairly substantive or numerous, or both. In others, the changes are relatively minor. Because the bill addresses topics that fall into many categories related to natural resources, it does not lend itself to the usual structure of an analysis, that is, a discussion of the most significant proposals first followed by the remaining changes. Instead, the analysis first discusses general provisions that are not


limited to just one of DNR's Divisions. It then discusses the proposed changes in the statutes governing each of the Divisions. The order of that discussion generally is the order in which those statutes appear in the Ohio Revised Code.

Some statutes are included in the bill solely for the purpose of revising cross-references to other statutes necessitated by substantive changes in the bill. Those statutes are not discussed in the analysis even though they may contain other, nonsubstantive changes to update or correct language.

General provisions

Designation of DNR, park district, and conservancy district law enforcement officers as peace officers

The statutes providing for the designation of forest officers, preserve officers, wildlife officers, park officers, and state watercraft officers currently specify, with some variation among those statutes, that any such officer, on lands or waters owned, controlled, maintained, or administered by DNR, has the authority vested in police officers under the provisions discussed below to keep the peace, to enforce all laws and rules governing those lands and waters, and to make arrests for violation of those laws and rules. In each statute providing for the designation of DNR law enforcement officers, the bill changes "police officer" to "peace officer." (Sec. 1503.29, 1517.10, 1531.13, 1541.10, and 1547.521.) (See also below, "Division of Forestry" and "Division of Wildlife; Enforcement.")

As further clarification, the bill specifically requires a DNR officer, as well as a township park district law enforcement officer, metropolitan park district law enforcement officer, and conservancy district law enforcement officer, to arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the officer's territorial jurisdiction, a state law (sec. 2935.03(A)(2)). It grants any of those officers authority to arrest and detain, until a search warrant can be obtained, any person who the peace officer has reasonable cause to believe has committed specified offenses within the limits of the officer's territorial jurisdiction (sec. 2935.03(B)). It also grants such an officer pursuit authority outside the limits of the officer's territorial jurisdiction under specified circumstances that currently apply to other peace officers (sec. 2935.03(D)).

Under the bill, a DNR peace officer, township park district law enforcement officer, metropolitan park district law enforcement officer, or conservancy district law enforcement officer may arrest and detain, until a warrant can be obtained, anyone found violating specified statutes governing the operation of motor vehicles on the portion of any street or highway that is located


immediately adjacent to the boundaries of the lands and waters that constitute the territorial jurisdiction of the peace officer. (Sec. 2935.03(E)(4).)

The bill includes DNR law enforcement officers, township park district law enforcement officers, metropolitan park district law enforcement officers, and conservancy district law enforcement officers in the definition of "peace officer" in the Arrest, Detention, and Disposition Alternatives Law (sec. 2935.01). That definition is referred to and used frequently throughout the Revised Code. Thus, the inclusion of DNR, park district, and conservancy district law enforcement officers in that definition expands the number of statutory provisions that apply to those officers. For example, anyone convicted of committing any of various offenses, such as assault, against such a law enforcement officer will be subject to a more severe penalty because such an officer is a peace officer under the bill. The statute requiring the preparation of written policies and procedures governing law enforcement officers' response to alleged incidents of domestic violence applies to agencies that are served by peace officers so defined, and DNR, park districts, and conservancy districts thus will have to prepare such policies and procedures.

Another example of a statute that will apply to DNR, park district, and conservancy district law enforcement officers is the state's whistleblower statute, under which an employee may file a written report of a violation of a state or federal law with a peace officer, as one of a specified list of officials, if the individual's employer fails to correct or attempt to correct the violation. Additionally, a peace officer is not liable in damages in a civil action for any injury, death, or loss to person or property allegedly caused by the conduct of the peace officer in performing any duty required or authorized under the Highway Use Tax Law. As noted above, these are just some of the existing statutory provisions that will apply to DNR, park district, and conservancy district law enforcement officers by definition under the bill.

Natural resources law enforcement staff officer

The bill authorizes the Director of Natural Resources to designate an employee of DNR as a natural resources law enforcement staff officer to do any or all of the following: (1) coordinate DNR's law enforcement activities, training, and policies, (2) serve as DNR's liaison with other law enforcement agencies and jurisdictions and as the Director's representative regarding law enforcement activities, (3) conduct internal investigations of DNR's employees as necessary, and (4) perform other functions related to DNR's law enforcement activities, training, and policies that the Director assigns to the officer. It specifies that a staff officer, on any lands or waters owned, controlled, maintained, or administered by DNR, has the authority discussed above for DNR peace officers


to keep the peace, enforce all laws and rules governing those lands and waters, and make arrests for violation of those laws and rules. (Sec. 1501.013(A).) (See above, "Designation of DNR law enforcement officers as peace officers.")

Under the bill, the Governor, upon the Director's recommendation, must issue to a staff officer a commission indicating authority to make arrests as discussed above, and the Director must furnish a suitable badge to a staff officer (sec. 1501.013(A)). The bill includes language precluding the hiring of a felon as a staff officer that is identical to existing provisions governing the hiring of other DNR law enforcement officers. The bill's preclusion does not apply regarding an offense that was committed prior to January 1, 1999. (Sec. 1501.013(B).) Accordingly, any person with a felony record prior to that date may still obtain an initial appointment as an enforcement staff officer.

The bill includes a natural resources law enforcement staff officer in the statutes providing for peace officer training and in the statutes amended by the bill regarding peace officers (secs. 109.71, 109.751, 109.77, 109.801, 109.802, 2935.01, and 2935.03). (See above, "Designation of DNR law enforcement officers as peace officers.") It provides that a staff officer is to receive coverage under the Public Employees Retirement System (PERS) provisions for law enforcement officers (secs. 145.01 and 145.33).

Miscellaneous provisions

Current law authorizes the Director to acquire by purchase, lease, or otherwise real and personal property rights or privileges in the name of the state that are necessary for the purposes of DNR or any of its Divisions. The bill authorizes the Director, as part of that authority, to lease office space and storage accommodations for DNR and states that the Director is responsible for general supervision and care of the space and accommodations. (Sec. 1501.01.) Under existing law, the Department of Administrative Services has broad powers for the acquisition of real estate, construction of buildings, leasing of office and storage space, and purchase of supplies for state agencies. The bill stipulates that those powers cannot interfere with the Director's power to purchase, lease, or otherwise acquire real property rights or privileges necessary for DNR's purposes or those of its Divisions, including the lease of office space and storage accommodations. (Sec. 123.01.)

Currently, a lessee of a public service facility in a state park must furnish a surety bond or letter of credit to ensure that the lessee fully performs the terms in the lease. The bill also allows a lessee to furnish cash or negotiable certificates of deposit. The cash, market value of the certificates of deposit, or face value of the letter of credit must be at least equal to the amount of the bond prescribed by the


Director. If the Director receives a deposit of cash or certificates of deposit, the Director must deliver it to the Treasurer of State for safekeeping. The bill authorizes a lessee making such a deposit to withdraw and receive from the Treasurer of State, on the Director's written order, all or any portion of the cash or certificates of deposit upon depositing with the Treasurer of State cash or certificates of deposit equal in par value to the par value of the cash or certificates being withdrawn. A lessee may demand and receive all interest or other income from any such certificates as it becomes due. (Sec. 1501.10.)

The bill requires the Director to establish guidelines for entering into, and authorizes the Director to enter into, a cooperative or contractual arrangement with any individual, agency, organization, or business entity to assist DNR in funding a program or project of the department or its Divisions or Offices through securing such things as donations, sponsorships, marketing, advertising, and licensing arrangements. The bill stipulates that moneys appropriated to DNR must continue to be used as authorized and cannot be redirected to any other purpose as a result of financial savings resulting from DNR's entering into such arrangements. (Sec. 1501.02.)

Division of Recycling and Litter Prevention

The bill makes several changes in the statutes governing the Division of Recycling and Litter Prevention. Currently, the definition of "research and development" is limited to activities regarding recycling. The bill adds waste reduction and litter prevention and clarifies that research and development programs are to be established regarding waste reduction, recycling, and litter prevention. (Secs. 1502.01 and 1502.03.) Under current law, one of the duties of the Recycling and Litter Prevention Advisory Council is to establish criteria, in conjunction with the Chief of the Division and the Director, by which to certify, and to certify, political subdivisions for receipt of special grants for novel or innovative activities or projects that are intended to accomplish the purposes of the Division's programs. The bill removes the requirement that the activities or projects be novel or innovative. (Sec. 1502.04.)

Existing law requires eligible applicants for litter prevention assistance grants to provide a matching contribution, except an applicant that is or is located in a county that has a per capita income equal to or below 90% of the state's median county per capita income. The matching contribution is up to 10% or 20% depending on the applicable county's per capita income. Currently, if the applicant is a joint solid waste management district, that is, a district comprised of more than one county, the matching contribution is determined based on the per capita income of at least 50% of the counties comprising the district. The bill instead provides that if the applicant is such a joint district or is filing a joint


application on behalf of at least two counties, the matching contribution must be the average of the matching contributions of all of the counties covered by the application. The matching contribution of a county that has a per capita income equal to or below 90% of the state's median county per capita income must be included as zero in calculating the average matching contribution. (Sec. 1502.05.)

Division of Forestry

The bill authorizes the Chief of the Division of Forestry, with the Director's approval, to collect, from an owner, lessee, renter, or occupant of private lands or waters, fees in an amount established by rule for any service or product that benefits the private lands or waters and is provided through Division programs. Moneys so received must be credited to the existing State Forest Fund. (Sec. 1503.01.)

Current law authorizes the Chief to sell timber and other forest products from the state forest, to grant easements and leases on state forest lands, and to grant mineral rights on a royalty basis, with the approval of the Attorney General and the Director. The bill allows the Chief also to conduct those activities with regard to state forest nurseries. Moneys so received must be credited in the same manner provided under existing law for moneys received from the activities regarding state forest lands. A portion of the moneys from the sale of standing timber and forest products and from royalties must be distributed to the counties, townships, and school districts in which the lands or nurseries are located. All other moneys are credited to and remain in the existing State Forest Fund. (Sec. 1503.05.)

Currently, forest officers may enforce, on lands and waters owned, controlled, maintained, or administered by DNR, laws and rules governing those lands and waters. The bill extends that enforcement authority to highways that are adjacent to lands and waters owned, controlled, maintained, or administered by the Division. (Sec. 1503.29.)

The existing statute that designates the Shawnee Wilderness Area defines "wilderness area" to mean an area of relatively undeveloped state-owned land that meets specified qualifications. The bill retains those qualifications, but changes the remainder of the definition to read "a contiguous area of relatively undeveloped state-owned land administered by the Division . . . and consisting of not less than 5,000 acres or of sufficient size as to make practicable its preservation and use in an unimpaired condition." (Sec. 1503.43.)


Division of Geological Survey

Under existing law, each operator engaged in the extraction of minerals must submit an annual report to the Chief of the Division of Geological Survey containing specified information for use by the Chief in preparing an annual report for public distribution. Currently, the operators' reports are due on or before the last day of February. The bill changes that date to the last day of January. (Sec. 1505.10.) Under existing law, an operator who fails to submit the report must be fined not less than $100 and not more than $1,000 for a first offense and not less than $1,000 and not more than $2,000 for each subsequent offense. Moneys from the fines currently are deposited in the Permit and Lease Fund. The bill instead requires that the moneys be deposited in the existing Geological Mapping Fund. Current law also stipulates that moneys from fines for failure to obtain a permit or lease to remove minerals from or under the bed of Lake Erie be deposited in the Permit and Lease Fund. The bill removes that requirement. (Secs. 1505.99 and 1507.05.)

The bill also removes the requirement that the Division file an expense report with the General Assembly (sec. 149.01).

Division of Real Estate and Land Management

Current law requires the Director to develop and adopt the coastal management program document by December 31, 1994. The bill removes that deadline. It also removes the requirement that recipients of Coastal Management Assistance Grants be located in whole or in part in the coastal area. (Sec. 1506.02.)

Under current law, DNR administers a submerged lands program through which the state enters into leases and issues permits for the development and improvement of the state's territory in and along Lake Erie. Currently, after receiving an application for such a lease or permit, the Director must provide notice of the application, including written notice to any municipal corporation, county, or port authority in which the part of the territory that is the subject of the application is located. The bill instead authorizes the Director to provide notice at the Director's discretion and makes written notice to the above entities discretionary. It retains the requirement that public notice be given in a newspaper of general circulation in the locality. The bill also allows an applicant for a lease or permit to submit an alternate description of the affected territory referenced to the applicant's upland property description that is considered adequate by the Director rather than describing it by metes and bounds as currently required. (Sec. 1506.11.)


Division of Oil and Gas

Exclusion of certain activities from regulation by Public Utilities Commission

Current law provides that, for the purpose of regulation by the Public Utilities Commission (PUCO), a person is a natural gas company when engaged in the business of supplying natural gas for lighting, power, or heating purposes to Ohio consumers or engaged in the business of supplying natural gas to gas companies or to natural gas companies in Ohio. However, if a producer supplies to one or more gas or natural gas companies only gas that is produced by the producer from wells drilled on land owned in fee by the producer or if the principal use of that land by the producer is other than the production of gas, within Ohio, the producer is not a natural gas company for the purposes of PUCO regulation.

The bill removes from the above description of "natural gas company," and thus from PUCO regulation, a person when engaged in the business of supplying natural gas to gas companies or to natural gas companies in Ohio and also removes the exception to that description for producers who are supplying only gas from their own property. It states that notwithstanding the remaining inclusion of a person when engaged in the business of supplying natural gas for lighting, power, or heating purposes to Ohio consumers, neither the delivery nor sale of Ohio produced natural gas by a producer or gatherer under a PUCO-ordered exemption adopted before, regarding producers, or after, regarding producers or gatherers, January 1, 1996, or the delivery or sale of Ohio produced natural gas by a producer or gatherer of Ohio produced natural gas, either to a lessor under an oil and gas lease of the land on which the producer's drilling unit is located, or the grantor incident to a right-of-way or easement to the producer or gatherer, causes the producer or gatherer to be a natural gas company that is subject to PUCO regulation.

Under existing law, the PUCO, upon application to it, may relieve any "producer of natural gas," defined as a gas company or a natural gas company, of compliance with the obligations imposed under the statutes governing utilities that are subject to PUCO regulation if the producer is not affiliated with or under the control of a gas company or natural gas company engaged in the transportation or distribution of natural gas or does not engage in the distribution of natural gas to consumers. The bill allows gatherers to apply for this relief. It specifies that none of the above provisions limits the PUCO's authority to enforce the statutory natural gas pipeline safety standards. (Sec. 4905.03.) The bill also specifies that its provisions cannot be construed to modify PUCO rules and orders in existence on the bill's effective date. (Section 11.)


Permit applications

Current law specifies the information to be included in an application for an oil or gas well permit that is submitted to the Chief of the Division of Oil and Gas. The bill removes from that specified information the name and address of the applicant's corporate surety, the identifying number of the bond, and the brine storage and disposal plan. (Sec. 1509.06.)

Under existing law, an applicant for a permit for drilling, drilling deeper, reopening, converting, or plugging back a well may request expedited review of the application if the well is not or is not to be located in a gas storage reservoir or reservoir protective area. On the first business day of each week, the Chief must issue a policy memorandum indicating the number of requests for expedited review that he will accept during the week immediately following the week in which the memorandum is issued. The memorandum must be made available to the public. The bill eliminates the requirement that the Chief issue such a policy memorandum.

Current law requires the Chief to begin processing an application for expedited review immediately, but precludes him from issuing the permit for at least five days after the date of filing of the request. The Chief must issue a permit within seven days of the filing unless he denies the application by order. The bill retains the requirement that the Chief issue a permit within seven days, but eliminates both the requirement for immediate processing of an application and the preclusion from issuing the permit for at least five days. (Sec. 1509.06.)

Under existing law, an applicant for a permit to plug and abandon a well also may file a request for expedited review. The Chief must refuse to accept such a request after three such requests have been filed in a week and cannot accept more than one request from the same applicant in any week. The bill eliminates these requirements governing the Chief and instead authorizes him to refuse a request for expedited review if, in the Chief's judgment, acceptance of the request will prevent the issuance, within 21 days of filing, of permit applications for drilling, drilling deeper, reopening, converting, or plugging back that are pending. (Sec. 1509.13.)

Financial responsibility

Under existing law, the owner of a well, except an exempt Mississippian well or an exempt domestic well, must file with the Division a certificate issued by an insurance company authorized to do business in Ohio certifying that the owner has in force liability insurance coverage in specified amounts for bodily injury and property damage. The bill retains the requirement to obtain liability insurance


coverage in the specified amounts, but removes the requirement that a well owner file a certificate issued by the insurance company. Current law stipulates that the insurance policy or policies must require the insurance company to give notice to the Chief if the policy or policies lapse for any reason. Upon termination of coverage, the Chief may order the suspension of any of the owner's outstanding permits and operations until the owner obtains the required coverage. The bill removes these requirements and instead requires the owner to provide proof of liability insurance coverage to the Chief upon request. If the owner fails to do so, the Chief may order the suspension of any of the owner's outstanding permits and operations until the owner provides proof of the required coverage. (Sec. 1509.07.)

Similarly, current law stipulates that the assignment or transfer of an oil or gas lease does not relieve the permit holder of the obligations and liabilities imposed by the Oil and Gas Law and rules, orders, and terms and conditions of a permit adopted or issued under it unless and until the assignee or transferee has taken specified actions, including filing a certificate of insurance as described. The bill instead requires the assignee or transferee to obtain liability insurance coverage. (Sec. 1509.31.)

Current law requires a well owner, before being issued a permit, to file a surety bond in an amount established by rule of the Chief or cash, negotiable certificates of deposit, or irrevocable letters of credit. The bill revises this requirement for the owner of an exempt Mississippian well or an exempt domestic well by authorizing such an owner to file instead a one-time $50 fee, which must be deposited in the existing Oil and Gas Well Plugging Fund. (Sec. 1509.07.) Under existing law, the assignee or transferee of an oil or gas lease, as one of the actions that must be taken to relieve the permit holder from obligations and liabilities, must execute and file a surety bond, negotiable certificates of deposit, or cash. The bill adds irrevocable letters of credit. (Sec. 1509.31.)

Under existing law, the Chief may accept, instead of a surety bond, proof of financial responsibility consisting of a sworn financial statement containing specified information and, if required by the Chief, a list of the owner's producing properties in Ohio or other evidence showing ability and intent to comply with restoration and plugging requirements. The Chief may require updating of the documents at any time and, upon determining that the owner cannot demonstrate financial responsibility, must order the owner to execute and file a bond or deposit cash, certificates of deposit, or irrevocable letters of credit. The bill removes the Chief's authority to require updating at any time and instead requires the owner of a nonexempt domestic or nonexempt Mississippian well to file updates in accordance with a schedule established by rule of the Chief. It exempts the owner of an exempt domestic or exempt Mississippian well from filing scheduled


updates, but requires such an owner to file updates if requested to do so by the Chief. (Sec. 1509.07.)

Plugging and abandonment

Under current law, if the Chief determines that the owner of a well has failed to properly plug and abandon it or properly restore the land surface at the well site or that a well is an abandoned well for which no moneys are available to plug it, the Chief must use moneys in the Oil and Gas Well Plugging Fund to plug the well and must notify specified persons of his intent to do so. One of those persons is the owner of the land on which the well is located. Upon receiving notice, the landowner may apply to the Chief to plug the well himself and may be reimbursed by the Division for the reasonable cost of doing so. The landowner must perform the plugging in accordance with specified requirements.

The bill allows the landowner, in lieu of plugging the well, to cause ownership of it to be transferred to an owner who is lawfully doing business in Ohio and who has met the statutory requirements for financial responsibility, subject to the Chief's approval. "Owner" is defined in existing law as a person who has the right to drill on a tract or drilling unit, to drill into and produce from a pool, and to appropriate the oil or gas produced either for himself or for others (sec. 1509.01(K)). The transfer of ownership also is subject to the landowner's filing the appropriate forms required under the Oil and Gas Law and providing to the Chief sufficient information to demonstrate the landowner's or owner's right to produce a formation or formations. That information may include a deed, a lease, or other documentation of ownership or property rights.

The bill requires the Chief to approve or disapprove the transfer of ownership of the well. If the Chief approves it, the owner is responsible for operating the well in accordance with the Oil and Gas Law and rules adopted under it, including at least all of the following: (1) filing a permit application with the Chief if the owner intends to drill deeper or produce a formation that is not listed in the Division's records for that well, (2) taking title to and possession of the equipment appurtenant to the well that has been identified by the Chief as having been abandoned by the former owner, and (3) complying with all applicable requirements that are necessary to drill deeper, plug the well, or plug back the well. (Sec. 1509.071(G).)

Under existing law, when either the Chief of the Division of Oil and Gas or the Chief of the Division of Mines and Reclamation has granted written permission to abandon a well without an inspector being present to supervise the plugging, the person who abandons the well must make a written report of the abandonment to the Chief who granted permission. The bill instead requires the


report to be made to the Chief of the Division of Oil and Gas regardless of which Chief granted permission. It also requires the report to be submitted not later than 30 days after the date of abandonment. Finally, it removes from the statutory list of information to be included in the report information concerning whether the well has been mapped. (Sec. 1509.14.)

Definitions

The bill updates the definition of the federal Safe Drinking Water Act by including references to the most recent changes in the act. It also revises the definition of "royalty interest." Existing law defines it as the fee holder's interest in the production from a well, usually one-eighth of the gross production. The bill defines it as the fee holder's share in the production from a well. (Sec. 1509.01.)

Division of Mines and Reclamation

Funds; severance tax

Included among the existing funds created by statute for use by the Division of Mines and Reclamation in conducting its permitting and reclamation activities are the Defaulted Areas Fund and the Reclamation Supplemental Forfeiture Fund. The former fund is to be used by the Chief of the Division for reclaiming areas of land affected by coal mining under a permit issued between April 10, 1972 and September 1, 1981, on which the operator has defaulted. The fund consists of moneys from bond releases under those permits and of 14.2% of the 7¢ per ton severance tax on coal (secs. 1513.18(B) and 5749.02(B), existing). In addition, the Chief may expend excess moneys in the Coal Mining Administration and Reclamation Reserve Fund not needed for administration and enforcement of the Coal Surface Mining Law to complete reclamation of lands described above. The Chief must certify the amount needed during each calendar quarter to the Director of Budget and Management who must transfer that amount to the Defaulted Areas Fund. (Sec. 1513.181, existing.)

Current law also provides for an additional severance tax on coal of 1¢ per ton to be credited to the Defaulted Areas Fund and used for reclaiming those lands for which other moneys in the fund may be used. If, at the close of a fiscal year, the Chief finds that the balance of the fund, together with estimated transfers to it from the Coal Mining and Reclamation Reserve Fund and the estimated revenues from the 1¢ per ton tax for the remainder of the calendar year that includes the close of the fiscal year, are sufficient to complete the reclamation of those lands, the purposes for which the additional severance tax is levied must be deemed accomplished, and the additional tax must cease to be imposed at the end of that calendar year. (Sec. 5749.02(D), existing.)


The Reclamation Supplemental Forfeiture Fund is to be used by the Chief to reclaim areas that an operator has affected by mining and failed to reclaim under a permit issued under the Coal Surface Mining Law on or after September 1, 1981 (sec. 1513.18(D), existing). For that purpose, the Chief may transfer to the fund up to $1 million annually from the Coal Mining Administration and Reclamation Reserve Fund (sec. 1513.02(A)(5), existing). In addition, as moneys are spent from the Reclamation Supplemental Forfeiture Fund, the Director of Budget and Management, on the Chief's certification, must transfer additional moneys from the Unreclaimed Lands Fund that are needed to keep the balance of the former fund at $2 million, provided that the Director cannot transfer more than $1 million during any fiscal year (sec. 1513.18(D), existing).

A third source of moneys for the Reclamation Supplemental Forfeiture Fund is an additional severance tax of 1¢ per ton of coal that must be imposed when, during any fiscal year, the balance of the fund is reduced below $2 million and $500,000 has been transferred to the fund from the Unreclaimed Lands Fund during the fiscal year. The tax must be imposed in the calendar year following the close of that fiscal year and must continue to be imposed until the end of the calendar year in which the balance of the Reclamation Supplemental Forfeiture Fund is restored to $2 million. The imposition of the tax is to be suspended at that time until the circumstances requiring it to be imposed recur. (Sec. 5749.02(C).)

The bill makes several changes regarding the Defaulted Areas Fund and the Reclamation Supplemental Forfeiture Fund. It essentially combines the two funds by eliminating the former fund and requiring the latter to be used for reclaiming areas that an operator has affected by mining and failed to reclaim under a permit issued under the Coal Surface Mining Law regardless of when the permit was issued. It also allows the fund to be used to reclaim areas that an operator has affected by mining and failed to reclaim under a permit issued under the Other Surface Mining Law, but specifies that the Chief's priority for management of the fund, including the selection of projects and transfer of moneys, must be to ensure that sufficient moneys are available for the reclamation of areas affected by coal mining. (Sec. 1513.18(B).)

The bill stipulates that the Reclamation Supplemental Forfeiture Fund is to be the depository of moneys from bond releases under coal mining permits issued between April 10, 1972 and September 1, 1981, on which the operator has defaulted. In addition, moneys may be transferred from the Unreclaimed Lands Fund as in existing law, but the bill limits those transfers to not more than $1 million during any fiscal year. Moneys also may be transferred from the Coal Mining and Reclamation Reserve Fund as in existing law for both the Defaulted Areas Fund and the Reclamation Supplemental Forfeiture Fund, but the bill limits


those transfers to not more than $1 million annually. (Secs. 1513.18(B) and 1513.181.)

The specified percentage of the 7¢ per ton severance tax on coal that is deposited in the Defaulted Areas Fund under existing law is to be credited to the Reclamation Supplemental Forfeiture Fund under the bill. The bill makes permanent the additional severance tax of 1¢ per ton of coal that is credited to the Reclamation Supplemental Forfeiture Fund under existing law and currently imposed only when the balance of that fund is reduced below specified amounts. It also provides that, like the other moneys in the fund, moneys from the additional tax may be used to reclaim lands mined under a permit issued under the Other Surface Mining Law. Finally, the bill provides that moneys from the second additional 1¢ per ton severance tax, currently credited to the Defaulted Areas Fund, are to be credited to the Reclamation Supplemental Forfeiture Fund. As in existing law, this tax is to be imposed only when specified conditions occur. (Sec. 5749.02(B), (C), and (D).)

Coal combustion byproducts

The bill requires the Chief to regulate the beneficial use of coal combustion byproducts at coal mining and reclamation operations and abandoned mine lands that are regulated under the Coal Surface Mining Law. That beneficial use is subject to all applicable performance standards and requirements established under that law, but is not subject to the following provisions of the Solid, Infectious, and Hazardous Waste Law and the Water Pollution Control Law: (1) permit and license requirements for solid waste facilities, (2) the prohibition against the open dumping of solid wastes, (3) solid waste generation and disposal fees, and (4) permit to install and plan approval requirements established under the Water Pollution Control Law.

The bill stipulates that nothing in the above provisions can be construed to limit any other requirements that are applicable to the beneficial use of coal combustion byproducts and that are established under the Air Pollution Control Law, Construction and Demolition Debris Law, Solid, Infectious, and Hazardous Waste Law, or Water Pollution Control Law or under local or federal laws, including, without limitation, requirements governing air pollution control permits, hazardous waste, national pollutant discharge elimination system permits, and section 401 water quality certifications.

The bill defines the following terms for the purposes of these provisions:

(1) "Coal combustion byproducts" means fly ash, bottom ash, coal slag, flue gas desulphurization and fluidized bed combustion byproducts, air or water


pollution control residues from the operation of a coal-fired electric or steam generation facility, and any material from a clean coal technology demonstration project or other innovative process at a coal-fired electric or steam generation facility.

(2) "Beneficial use" means the use of coal combustion byproducts in a manner that is not equivalent to the establishment of a disposal system or a solid waste disposal facility and that is unlikely to affect human health or safety or the environment adversely or to degrade the existing quality of the land, air, or water. "Beneficial use" includes at least land application uses for agronomic value; land reclamation uses; and discrete, controlled uses for structural fill, pavement aggregate, pipe bedding aggregate, mine sealing, alternative drainage or capping material, and pilot demonstration projects.

(3) "Structural fill" means the discrete, controlled use of a coal combustion byproduct as a substitute for a conventional aggregate, raw material, or soil under or immediately adjacent to a building or structure. "Structural fill" does not include uses that involve general filling or grading operations or valley fills.

(4) "Pavement aggregate" means the discrete, controlled use of a coal combustion byproduct as a subbase material or drainage layer under or immediately adjacent to a paved road or a paved parking lot where the coal combustion byproduct is a substitute for a conventional aggregate, raw material, or soil.

(5) "Pipe bedding aggregate" means the discrete, controlled use of a coal combustion byproduct as a substitute for a conventional aggregate, raw material, or soil under, around, or immediately adjacent to a water, sewer, or other pipeline.

(6) "Coal-fired electric or steam generation facility" includes any boiler that is fired with coal or with coal in combination with petroleum coke, oil, natural gas, or any other fossil fuel. (Sec. 1513.02(A)(7).)

Cooperative projects

Under existing law, moneys in the Unreclaimed Lands Fund may be used to reclaim public or private land affected by mining or to control mine drainage for which no cash is held in the Reclamation Forfeiture Fund (formerly the Strip Mining Reclamation Fund) or the Surface Mining Reclamation Fund. The Chief must submit project proposals to the Council on Unreclaimed Strip Mined Lands, which must select projects in accordance with statutory requirements. The bill authorizes the Chief to engage in cooperative projects in accordance with those provisions with any federal agency, appropriate state agencies, or state universities or colleges and to transfer money from the fund, with the Council's approval, to


other appropriate state agencies or to state universities or colleges in order to carry out the reclamation activities authorized by those provisions. (Sec. 1513.30.)

Current law establishes the Abandoned Mine Reclamation Fund and the Acid Mine Drainage Abatement and Treatment Fund, both of which receive federal moneys. Projects to be funded with those moneys include reclamation and restoration projects as well as projects to protect public health and safety, property, and the environment. The Chief is authorized to engage in cooperative projects with any federal agency, any other state, or its governmental agencies and to transfer money from "the fund" (presumably the Acid Mine Drainage Abatement and Treatment Fund) to other appropriate state agencies in order to carry out the reclamation activities so authorized. The bill allows the Chief also to engage in cooperative projects with any state university or college and to transfer money to state universities or colleges. (Sec. 1513.37(J).)

Division of Soil and Water Conservation

Current law authorizes the supervisors of a soil and water conservation district to enter into contracts, leases, and agreements necessary or incidental to the performance of the district's duties and the execution of its powers. It requires the supervisors, when the cost under any such contract, lease, or agreement, other than compensation for personal services or rental of office space, involves an expenditure of more than $10,000, to enter into a written contract with the lowest and best bidder after advertising for bids. The bill instead requires the supervisors to enter into such a written contract when the cost involves an expenditure of more than the amount established in the statute governing expenditures by boards of county commissioners. Under that statute, boards of county commissioners must use competitive bidding when an expenditure will be in excess of $15,000. The statute contains a list of exceptions, including emergency expenditures, availability of a single supplier, and property leases, that will apply to supervisors of soil and water conservation districts under the bill. (Secs. 307.86, not in the bill, and 1515.08.)

Under current law, a board of county commissioners may levy assessments for the construction of an improvement recommended by the supervisors of a soil and water conservation district. The assessment is levied on property within the project area. Any moneys collected in excess of the amount needed for the construction and the first year's maintenance may be maintained in a fund for maintenance of the improvement. In any subsequent year, if the board determines that moneys are not otherwise available for maintenance or repair of the improvement, the board must levy on the property within the project area an assessment for maintenance at a uniform percentage of all construction costs based on the assessment schedule used in determining the construction assessment.


The bill authorizes a board, for the purpose of levying a maintenance assessment, to use instead the procedures established in the Ditch Maintenance Fund Law regarding maintenance of ditch improvements. Those procedures provide for an assessment levied not more than once annually and apportioned on the basis of the estimated benefits for construction of the improvement. The procedures also provide for a permanent assessment base and, in lieu of that base, the levying of maintenance assessments according to tax value. (Sec. 1515.24 and Chapter 6137., the latter not in the bill.)

Existing law requires each soil and water conservation district to be coextensive with the geographic area of a county and requires any district in existence on May 2, 1980, to include the entire county in which it is located. The bill removes the latter requirement, which is outdated. It also removes authority for a municipal corporation to remove itself from or reinstate itself in the territory of a district by filing a resolution of its legislative authority with the Soil and Water Conservation Commission at least 60 days before the effective date of the removal or reinstatement. (Sec. 1515.30.) The bill repeals a statute requiring the filing of the decree of incorporation of a district, all districts having been incorporated nearly two decades ago, and a statute establishing a procedure for changing the name of a district. (Secs. 1515.06 and 1515.071.)

Division of Natural Areas and Preserves

Currently, preserve officers employed by the Division of Natural Areas and Preserves receive coverage under the regular retirement provisions of PERS. By including those officers in the definition of "law enforcement officer" in the statutes governing PERS, the bill instead provides that preserve officers receive coverage under the PERS retirement provisions for law enforcement officers (sec. 145.01). Only individuals who originally are employed as preserve officers on or after the bill's effective date will receive coverage under those provisions (sec. 145.33). Preserve officers who are receiving coverage under the regular PERS provisions on the bill's effective date must indicate to PERS, not later than 90 days after that date, whether they choose to continue to receive benefits under those provisions or under the PERS law enforcement provisions (Section 9).

Under current law, the Division is responsible for administering the ginseng management program. The bill transfers that program to the Division of Wildlife (see below, "Division of Wildlife; Ginseng management program"). (Secs. 1518.20 to 1518.27, existing, and 1518.99.)

The statute that allows the Director to declare an area a wild, scenic, or recreational river area stipulates that such a declaration does not authorize the Director or any governmental agency or political subdivision to restrict the use of


land by its owner or any person acting under the landowner's authority or to enter on the land. The bill adds that such a declaration does not expand or abridge the regulatory authority of any governmental agency or political subdivision over the area. (Sec. 1517.14.)

Under existing law, anyone who violates any rules of the Chief of the Division or the prohibition against violating any terms or conditions of the articles of dedication of a nature preserve, or an order of the Director to cease any such violation, must be fined at least $25, but not more than $500 for a first offense and at least $200, but not more than $1,000 for each subsequent offense. The bill changes those penalties as follows.

Under the bill, anyone who violates any rules of the Chief, except as described below, is guilty of a minor misdemeanor, the penalty for which is a fine of not more than $100. Anyone who violates a rule of the Chief with regard to an endangered or threatened plant or animal is guilty of a third degree misdemeanor for a first offense. The penalty for a third degree misdemeanor is a fine of not more than $500, a term of imprisonment of not more than 60 days, or both. For each subsequent offense, the person is guilty of a second degree misdemeanor, the penalty for which is a fine of not more than $750, a term of imprisonment of not more than 90 days, or both. Anyone violating the prohibition concerning the articles of dedication of a nature preserve is guilty of a first degree misdemeanor, the penalty for which is a fine of not more than $1,000, a term of imprisonment of not more than six months, or both. (Sec. 1517.99.)

Division of Water

Canals and canal lands

Current law prohibits anyone from taking or diverting water from any canal or reservoir operated and maintained by the Director except in accordance with a sale or lease entered into with the Director. The Director may sell or lease such water only to the extent that the water is in excess of the quantity that is required for navigation, recreation, and wildlife purposes. The bill makes several changes in these provisions. First, it changes the term "reservoir" to "canal reservoir" and excludes from its definition any run-of-the-river reservoir (sec. 1520.01(B)). It then provides that the withdrawal of water from any canal or canal reservoir for domestic use is exempt from the sale or lease requirement. However, it authorizes the Director to require water conservation measures for water that is so withdrawn during drought conditions or other emergencies declared by the Governor. (Sec. 1520.03(C).) "Domestic use" is defined as the withdrawal of water from a canal or canal reservoir by an individual for use on residential property by means of a


pump or other device that generally has a discharge line with an outside diameter of not more than one and one-half inches (sec. 1520.01(C)).

Currently, anyone who violates the above prohibition must be assessed a civil penalty of up to $1,000 per day of violation if the violator is an individual who took or diverted the water in question for residential or agricultural use. A violator who took or diverted water for industrial or commercial use, excluding agricultural use, must be assessed a civil penalty of up to $5,000 per day of violation. The bill instead establishes a civil penalty of up to $1,000 per day of violation regardless of the reason for the taking or diversion. (Sec. 1520.03(E).)

With regard to canal lands, the bill authorizes the Chief of the Division of Water, with the Director's approval, to sell, lease, or transfer minerals or mineral rights when the Chief and the Director determine that the sale, lease, or transfer is in the state's best interest. Consideration for minerals and mineral rights must be by rental or on a royalty basis as prescribed by the Chief and payable as prescribed by contract. Moneys collected must be credited to the existing Canal Lands Fund. (Sec. 1520.02.)

Duties of the Chief

Current law requires the Environmental Protection Agency (EPA) to collect, study, and interpret all available information, statistics, and data pertaining to the supply, use, conservation, and replenishment of the state's ground and surface waters and authorizes the EPA to cooperate with and negotiate for the state with any federal agency or agency of another state pertaining to the state's resources. The bill provides that the EPA is to conduct all of those activities primarily with regard to water quality, specifies that it is to do so in coordination with other Ohio agencies, and authorizes it to cooperate and negotiate with other agencies of this state. (Sec. 6111.42.) It gives the Chief authority, primarily with regard to water quantity, to collect, study, map, and interpret all available information, statistics, and data pertaining to the availability, supply, use, conservation, and replenishment of the state's ground and surface waters in coordination with other Ohio agencies and authorizes the Chief, primarily with regard to water quantity and availability, to cooperate with and negotiate for the state with any federal agency, agency of this state, or agency of another state pertaining to the state's resources. (Sec. 1521.03(G) and (H).)

The bill adds flood mitigation, floodplain management, flood control, and flow capacity and stability of streams, rivers, and watercourses to the Chief's advisory responsibilities for special purpose districts, counties, municipal corporations, and state agencies (sec. 1521.03(A)). Currently, the Chief may develop a plan on a watershed basis that recognizes the variety of uses to which


water may be put and the need for its retention and control. The bill replaces "retention and control" with "management for those uses." (Sec. 1521.03(B).) Under existing law, the Chief also has authority to make detailed investigations of all factors relating to floods, floodplain management, and flood control in Ohio with particular attention to those factors bearing on the maintenance of the hydraulic efficiency of the channels of rivers, streams, and watercourses as a means of carrying off flood waters. The bill instead gives the Chief authority to make detailed investigations of all factors relating to floods, floodplain management, and flood control in Ohio with particular attention to those factors bearing upon the hydraulic and hydrologic characteristics of rivers, streams, and watercourses, recognizing the variety of uses to which water and watercourses may be put. (Sec. 1521.03(C).)

Well logs

Current law requires anyone constructing a well to keep a log of the construction and to submit it to the Division within 30 days after construction is completed. It specifically prohibits anyone from failing to keep and submit a well log. For the purposes of prosecution of a violation of that prohibition, a prima-facie case is established when the Division obtains a certified copy of any of specified documents, including a permit issued under the Water Pollution Control Law for any activity that includes the construction of a well. The bill adds to that list a certified copy of a plan approval granted under the Safe Drinking Water Law. (Sec. 1521.05.)

Division of Wildlife

Hunting and fishing

Current law includes in the definition of "game birds" pheasants and quail. The bill specifies that ringneck pheasants and bobwhite quail are game birds. Currently included in the definition of "game quadrupeds" are hares or rabbits, deer, and bears. The bill changes "hares or rabbits" to "cottontail rabbits," specifies that white-tailed deer and black bears are game quadrupeds, and adds flying squirrels and chipmunks to the definition. (Sec. 1531.01(S) and (V).)

Current law defines "small game" to include pheasants, quail, ruffed grouse, sharp-tailed grouse, pinnated grouse, Hungarian partridge, Chukar partridge, woodcocks, black-breasted plover, golden plover, Wilson's snipe or jacksnipe, greater and lesser yellowlegs, rail, coot, gallinules, ducks, geese, brant, crows, rabbits, gray squirrels, black squirrels, fox squirrels, red squirrels, and groundhogs or woodchucks. It authorizes the Chief of the Division of Wildlife to issue to a nonresident of Ohio a tourist's small game hunting license that is valid


for three days and costs $24. Such a license allows the taking or possession of only those birds and quadrupeds listed above; a holder is prohibited from taking or possessing any animal that is not small game. In addition, in order to hunt ducks, geese, or brant, a license holder also must obtain a wetlands habitat stamp.

The bill eliminates the definition of "small game" (sec. 1531.01(TT), existing). It authorizes the Chief to issue to a nonresident a three-day tourist's hunting license, the fee for which remains $24. Under such a license, a person may hunt or possess many of the birds and quadrupeds on the game bird and game quadruped lists. However, the bill prohibits anyone from taking or possessing deer, wild turkeys, fur-bearing animals, ducks, geese, brant, or any nongame animal while possessing only a tourist's hunting license. In order to take or possess ducks, geese, or brant, the holder of such a license also must procure a wetlands habitat stamp. The bill specifically states that a tourist's hunting license does not authorize the taking or possessing of deer, wild turkeys, or fur-bearing animals. (Sec. 1533.10.)

The bill specifies that a nonresident who wishes to take or possess deer, wild turkeys, or fur-bearing animals in Ohio must procure, respectively, a special deer or wild turkey permit or a fur taker permit in addition to a nonresident hunting license required under existing law. The fee for the nonresident hunting license is $90. (Sec. 1533.10.)

Current law requires the Chief to adopt rules providing that any person who is an Ohio resident and who is unable to fish without the assistance of another person because of a physical handicap must be issued an annual fishing license free of charge. The person who is providing the assistance need not procure a fishing license if only one line is used by both persons. The bill retains this requirement, but replaces the reference to a physical handicap with the phrase "mobility impaired or blind person" as defined in the statute governing free permanent registration for guide, leader, hearing, and support dogs. (Sec. 1533.12.)

Existing law establishes the Magee Marsh State Public Hunting Area in Lucas and Ottawa counties and authorizes the Chief to provide a special daily hunting permit for persons who are allowed to hunt on the area. The fee for the permit is $5 per day. The bill retains the $5 fee in statute, but allows the Chief to adopt rules establishing a lower fee. (Sec. 1533.06.)

Enforcement

Current law provides for the seizure and forfeiture of any motor vehicle, all-terrain vehicle, boat, net, seine, trap, ferret, gun, or other device used in the


unlawful taking of wild animals. The bill also provides for the seizure and forfeiture of any motor vehicle, all-terrain vehicle, or boat used in the unlawful transporting of wild animals. (Sec. 1531.20.)

Under the bill, any person who is responsible for causing or allowing an unauthorized spill, release, or discharge of material into or on any land or any ground or surface water or into the air that results in the death of a wild animal and that necessitates an investigation by the Division, or who violates existing prohibitions against the unlawful taking, possession, and sale of wild animals in a manner that necessitates an investigation by the Division regarding the death of a wild animal, is liable to the Division for costs incurred in the investigation. The costs may include wages and benefits of the Division's employees. The Chief or the Chief's authorized representative must bring a civil action against the responsible person to recover the costs. (Sec. 1531.202.)

Existing law prohibits anyone, in the act of hunting, pursuing, taking, or killing game, from acting in a negligent, careless, or reckless manner so as to injure persons or property (sec. 1533.171). Violation is a first degree misdemeanor, the penalty for which is a fine of up to $1,000, a term of imprisonment of up to six months, or both (sec. 1533.99). The Chief also must revoke, for one to five years, any hunting license, fur taker permit, special deer or wild turkey permit, or wetlands habitat stamp issued to the violator (sec. 1533.171). The bill changes "game" to "wild animal," which is a broader term (sec. 1533.171). Current law defines "wild animal" to include mollusks, crustaceans, aquatic insects, fish, reptiles, amphibians, wild birds, wild quadrupeds, and all other wild mammals (sec. 1531.01(X)).

Current law requires that each license or permit issued to a person who is convicted of violating a hunting or fishing law or rule be suspended or revoked. A person whose license or permit is suspended or revoked is precluded from hunting or fishing, as applicable, for specified time periods if the violation involved certain hunting or fishing requirements. For example, a person may not hunt for three years after the date of conviction if the violation involved the illegal taking or possession of a deer. The bill precludes a person whose license or permit is suspended or revoked from hunting or fishing, as applicable, for not more than five years after the date of conviction if the person is convicted of violating any statute in the Division of Wildlife Law or the Hunting and Fishing Law that is not included in the specified requirements for which time periods are established under existing law. (Sec. 1533.68.)

The bill authorizes a wildlife officer to render assistance to a state or local law enforcement officer at the request of that officer or to a state or local law enforcement officer in the event of an emergency. Wildlife officers serving


outside the Division must be considered as performing services within their regular employment for the purposes of compensation, pension or indemnity fund rights, workers' compensation, and other rights or benefits to which they may be entitled as incidents of their regular employment. The bill also specifies that wildlife officers serving outside the Division retain personal immunity from civil liability and cannot be considered an employee of a political subdivision for purposes of the Political Subdivision Tort Liability Law. A political subdivision that uses wildlife officers is not subject to civil liability under that law as the result of any action or omission of any wildlife officer acting as authorized under the bill. (Sec. 1531.13.)

Included in the enforcement duties and authority of the Chief and wildlife officers under existing law is the authority to enforce the statutes prohibiting the carrying of concealed deadly weapons or dangerous ordnance and the improper handling of firearms in a motor vehicle. The Chief and wildlife officers may serve and execute warrants and other processes of law issued in the enforcement of those statutes and may seize without process any firearm, deadly weapon, or dangerous ordnance used or possessed contrary to those statutes. Current law prohibits any person from interfering with, threatening, abusing, assaulting, resisting, or in any manner deterring or attempting to deter a wildlife officer from enforcing or serving or executing any warrant or other process issued in the enforcement of those statutes. The bill adds to all of these provisions authority to enforce the prohibition against carrying or using any firearm or dangerous ordnance while under the influence of alcohol or any drug of abuse. (Secs. 1531.13 and 1533.67.)

Ginseng management program

Under current law, the Division of Natural Areas and Preserves is responsible for administering the ginseng management program. The bill transfers that program to the Division of Wildlife (sec. 1533.87) and generally retains the structure and administration of the program, but makes several changes in the statutes governing the program.

Currently, the Chief of the former Division is to adopt rules necessary to administer the program, including rules governing specified subjects. Among those topics is the establishment of a certification program for legally harvested ginseng that is to be exported from Ohio or is bought or sold outside the buying season and the establishment of a certification fee. The bill requires the Chief of the Division of Wildlife to adopt necessary rules and generally retains the list of subjects specified in existing law. However, it changes the requirement governing a certification program to require that the rules establish such a program for all legally harvested ginseng, whether or not it is exported or bought and sold outside


the buying season, and establish a certification fee. (Sec. 1533.88). It also provides that all ginseng rules adopted by the Chief of the Division of Natural Areas and Preserves prior to the bill's effective date continue in effect until amended or rescinded by the Chief of the Division of Wildlife (Section 10).

Existing law establishes several prohibitions concerning the harvesting, transportation, and acquisition of ginseng. The bill generally retains those prohibitions with one exception. Current law prohibits anyone from willfully destroying, injuring, or harvesting ginseng that is the property of another person without first obtaining written permission from that person, except that wild ginseng may be harvested on public property when the public entity that is responsible for the property has authorized permission to harvest the ginseng. The bill removes the exception regarding public property. (Sec. 1533.882.)

Current law allows preserve officers and wildlife officers to enforce the statutes and rules governing the ginseng management program throughout the state. The bill allows preserve officers to enforce those statutes and rules only within the limits of their jurisdiction. (Sec. 1533.89.) Under existing law, all fees, fines, penalties, and forfeitures arising from prosecutions, convictions, confiscations, or other actions taken under those statutes and rules must be credited to the Ginseng Management Program Fund. The bill abolishes that fund and instead requires moneys so generated to be credited to the existing Wildlife Fund. (Sec. 1533.90.)

Current law requires the Chief, on receiving a notice that an individual is in default under a child support order, to refuse to issue or renew, or to suspend, a license or permit issued under the Hunting and Fishing Law that allows the individual to engage in an occupation or profession. The bill extends this provision to any certificate issued under that law, thus including certificates issued under the ginseng management program. (Sec. 1533.82.)

Current law creates the Wildlife Habitat Trust Fund and the Wildlife Habitat Fund. The former fund consists of money received from gifts, donations, bequests, and other moneys contributed to the Division for the trust fund's purposes. Those purposes, which are the same as those of the latter fund, are the acquisition and development of lands for the preservation, propagation, and protection of wild animals. The latter fund consists of the investment earnings of the trust fund.

The bill makes no changes in the trust fund. However, it expands the sources of revenue for the Wildlife Habitat Fund by providing that it also is to consist of gifts, donations, bequests, and other moneys contributed to the Division for the fund's purposes; moneys collected from the sale, lease, or transfer of


minerals and mineral rights by the Chief, which currently are deposited in the Wildlife Fund; and moneys received by the Division pursuant to negotiated mitigation settlements from persons who have adversely affected fish and wildlife, or their habitats, over which the Division has jurisdiction other than fish and wildlife of the Ohio River or their habitats. Since the bill proposes that gifts donations bequests, and other moneys contributed to the Division for the fund's purposes may now go into not only the Wildlife Habitat Trust Fund but also directly into the Wildlife Habitat Fund, the apparent effect is that the bill gives to the Division the power to decide into which fund such donations will go. (Secs. 1531.06(H) and 1531.33.)

Miscellaneous provisions

The bill authorizes the Chief, with the Director's approval, to barter or sell wild animals to other states, state or federal agencies, and conservation or zoological organizations. Moneys received from such a sale must be deposited in the Wild Animal Fund, which the bill creates, and must be spent on programs administered by the Division or contributed by the Division to an "appropriate" nonprofit organization for the acquisition, development, and management of lands and waters within Ohio for wildlife purposes. (Secs. 1531.06(J) and 1531.34.)

Existing law authorizes any person desiring to engage in the business of raising and selling game birds, game quadrupeds, or fur-bearing animals in a wholly enclosed preserve of which the person is the owner or lessee, or to have such birds or animals in captivity, to apply to the Division for a license to do so. Under a commercial propagating license, a licensee may propagate game birds, game quadrupeds, or fur-bearing animals in a wholly enclosed preserve, sell the propagated birds and animals and ship them from the state alive at any time, and kill them and sell the carcasses for food. Under a noncommercial propagating license, a licensee may propagate game birds, game quadrupeds, or fur-bearing animals and hold them in captivity only for the licensee's own use. Such a licensee cannot sell the birds or animals.

The bill requires, rather than authorizes, a person desiring to engage in the above activities to apply for a license to do so, but stipulates that a license is required for propagating activities unless otherwise provided by Division rule. It defines "reptiles" and "amphibians" by listing specific reptiles and amphibians, respectively, included in each definition (sec. 1531.01(WW) and (XX)). It then includes reptiles and amphibians within the scope of commercial propagating licenses and noncommercial propagating licenses, thus allowing them under the former license to be propagated and sold and, under the latter license, to be propagated and held in captivity. The bill does not allow reptiles and amphibians to be killed and sold for food. However, it extends that activity regarding game


birds, game quadrupeds, and fur-bearing animals to a licensee's employees. (Secs. 1533.70 and 1533.71(A) and (B).)

Under the bill, the Chief must adopt rules establishing standards, including specifications for cages or other enclosures, for holding wild animals in captivity. The bill specifies that the statute requiring propagating licenses does not authorize the taking or the release for taking of game birds without first obtaining a commercial bird shooting preserve license or the taking or the release for taking of game or nonnative wildlife without first obtaining a wild animal hunting preserve license, both of which are issued under existing law. (Sec. 1533.71.)

Existing law requires any person, except as otherwise provided by Division rule, desiring to collect wild animals that are protected by law or their nests or eggs for scientific study, school instruction, other educational uses, or