Ohio Rev. Code » Chapter 4906
Ohio Revised Code

Ohio Rev. Code § 4906.01 (2026)

Power siting definitions

✓ current as of May 2026
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Effective:
August 14, 2025
Latest Legislation:
House Bill 15 - 136th General Assembly
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As used in Chapter 4906. of the Revised Code:

(A) "Person" means an individual, corporation, business trust, association, estate, trust, or partnership or any officer, board, commission, department, division, or bureau of the state or a political subdivision of the state, or any other entity.

(B)(1) "Major utility facility" means:

(a) Electric generating plant and associated facilities designed for, or capable of, operation at a capacity of fifty megawatts or more;

(b) An electric transmission line and associated facilities of a design capacity of one hundred kilovolts or more;

(c) A gas pipeline that is greater than five hundred feet in length, and its associated facilities, is more than nine inches in outside diameter and is designed for transporting gas at a maximum allowable operating pressure in excess of one hundred twenty-five pounds per square inch.

(2) "Major utility facility" does not include any of the following:

(a) Gas transmission lines over which an agency of the United States has exclusive jurisdiction;

(b) Any solid waste facilities as defined in section 6123.01 of the Revised Code;

(c) Electric distributing lines and associated facilities as defined by the power siting board;

(d) Any manufacturing facility that creates byproducts that may be used in the generation of electricity as defined by the power siting board;

(e) Gathering lines, gas gathering pipelines, and processing plant gas stub pipelines as those terms are defined in section 4905.90 of the Revised Code and associated facilities;

(f) Any gas processing plant as defined in section 4905.90 of the Revised Code;

(g) Natural gas liquids finished product pipelines;

(h) Pipelines from a gas processing plant as defined in section 4905.90 of the Revised Code to a natural gas liquids fractionation plant, including a raw natural gas liquids pipeline, or to an interstate or intrastate gas pipeline;

(i) Any natural gas liquids fractionation plant;

(j) A production operation as defined in section 1509.01 of the Revised Code, including all pipelines upstream of any gathering lines;

(k) Any compressor stations used by the following:

(i) A gathering line, a gas gathering pipeline, a processing plant gas stub pipeline, or a gas processing plant as those terms are defined in section 4905.90 of the Revised Code;

(ii) A natural gas liquids finished product pipeline, a natural gas liquids fractionation plant, or any pipeline upstream of a natural gas liquids fractionation plant; or

(iii) A production operation as defined in section 1509.01 of the Revised Code.

(C) "Commence to construct" means any clearing of land, excavation, or other action that would adversely affect the natural environment of the site or route of a major utility facility, but does not include surveying changes needed for temporary use of sites or routes for nonutility purposes, or uses in securing geological data, including necessary borings to ascertain foundation conditions.

(D) "Certificate" means a certificate of environmental compatibility and public need issued by the power siting board under section 4906.10 of the Revised Code or a construction certificate issued by the board under rules adopted under divisions (E) to (H) of section 4906.03 of the Revised Code.

(E) "Gas" means natural gas, flammable gas, or gas that is toxic or corrosive.

(F) "Natural gas liquids finished product pipeline" means a pipeline that carries finished product natural gas liquids to the inlet of an interstate or intrastate finished product natural gas liquid transmission pipeline, rail loading facility, or other petrochemical or refinery facility.

(G) "Large solar facility" means an electric generating plant that consists of solar panels and associated facilities with a single interconnection to the electrical grid that is a major utility facility.

(H) "Large wind farm" means an electric generating plant that consists of wind turbines and associated facilities with a single interconnection to the electrical grid that is a major utility facility.

(I) "Natural gas liquids fractionation plant" means a facility that takes a feed of raw natural gas liquids and produces finished product natural gas liquids.

(J) "Raw natural gas" means hydrocarbons that are produced in a gaseous state from gas wells and that generally include methane, ethane, propane, butanes, pentanes, hexanes, heptanes, octanes, nonanes, and decanes, plus other naturally occurring impurities like water, carbon dioxide, hydrogen sulfide, nitrogen, oxygen, and helium.

(K) "Raw natural gas liquids" means naturally occurring hydrocarbons contained in raw natural gas that are extracted in a gas processing plant and liquefied and generally include mixtures of ethane, propane, butanes, and natural gasoline.

(L) "Finished product natural gas liquids" means an individual finished product produced by a natural gas liquids fractionation plant as a liquid that meets the specifications for commercial products as defined by the gas processors association. Those products include ethane, propane, iso-butane, normal butane, and natural gasoline.

(M) "Advanced transmission technologies" means software or hardware technologies that increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission system, including grid-enhancing technologies such as dynamic line rating, advanced power flow controllers, and topology optimization; advanced conductors; and other technologies designed to reduce transmission congestion, or increase the capacity, efficiency, reliability, or safety of an existing or new electric transmission system.

(N) "Advanced conductor" means a conductor with a direct current electrical resistance that is at least ten per cent lower than existing conductors of a similar diameter on the electric transmission system while simultaneously increasing the energy carrying capacity by at least seventy-five per cent.

Last updated May 22, 2025 at 12:27 PM

Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 1995–2026 · leading case: In re Application of Champaign Wind, L.L.C. (Slip Opinion), 2016 Ohio 1513 (Ohio 2016).
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In re Application of Champaign Wind, L.L.C. (Slip Opinion), 2016 Ohio 1513 (Ohio 2016). · cites it 4× “A majority of the county’s and neighbors’ arguments relate to procedural or evidentiary errors they allege the board committed during both discovery and the adjudicatory hearing.”
In re Application of Middletown Coke Co., 2010 Ohio 5725 (Ohio 2010). · cites it 12× “Under R.C. 4906.01(B)(1), a “major utility facility” includes “[e]lectric generating plant and associated facilities designed for, or capable of, operation at a capacity of fifty megawatts or more.”
Biglin v. S (In re Black Fork Wind Energy, L. L.C.), 124 N.E.3d 787 (Ohio 2018). · cites it 2× “3 {¶ 13} Most importantly for purposes of this case, to commence the amendment process, a litigant must first file an application with the board that is "in such form and contain[s] such information as the board prescribes.”
In re Application of Buckeye Wind, L.L.C., 2012 Ohio 878 (Ohio 2012). · cites it 2× “The wind farm’s expected generation capacity exceeded 126 megawatts, qualifying it under R.C. 4906.01(B)(1) as a “major utility facility” that required the approval of the board.”
In re Application of Black Fork Wind Energy, L.L.C., 2013 Ohio 5478 (Ohio 2013). “In addition to the turbines, Black Fork’s project includes access roads, electrical collection lines, a *44 construction-staging area, a concrete-batch plant, a substation, and an operation and maintenance facility.”
In re Application of Black Fork Wind Energy, L.L.C. (Slip Opinion), 2018 Ohio 5206 (Ohio 2018). · cites it 2× “Code 4906-5- 10(B), 2008-2009 Ohio Monthly Record 2-4257, effective June 19, 2009.3 {¶ 13} Most importantly for purposes of this case, to commence the amendment process, a litigant must first file an application with the board that is “in such form and contain[s] such…”
In re Application of Alamo Solar I, L.L.C., 2023 Ohio 3778 (Ohio 2023). “R.C. 4906.01(B)(1)(a) and 4906.04. {¶ 6} In 2019, joint stipulations and recommendations were filed in each case.”
Sunoco Pipeline L.P. v. Teter, 2016 Ohio 7073 (Ohio Ct. App. 2016). “R.C. 4906.01(I). {¶35} Furthermore, Liquid Petroleum Gas, also known as LPG, is defined in the Fire Code of the Ohio Administrative Code.”
State ex rel. Ohio Edison Co. v. Parrott, 654 N.E.2d 106 (Ohio 1995). “R.C. 4906.01(B)(2) and *708 (D), 4906.04, and 4906.”
In re Application of 6011 Greenwich Windpark, L.L.C. (Slip Opinion), 2019 Ohio 2406 (Ohio 2019). · cites it 2× “FACTS AND PROCEDURAL BACKGROUND {¶ 3} The Power Siting Board has exclusive authority to issue a certificate of environmental compatibility and public need for construction, operation, and maintenance of a “major utility facility,” R.C. 4906.01(B)(1), such as a wind- powered…”
In re Letter of Notification Application of Columbia Gas of Ohio, Inc., 2024 Ohio 4747 (Ohio 2024). · cites it 2× “See R.C. 4906.01(B)(1)(c) and 4906.04. {¶ 5} R.”
In re Application of Harvey Solar I, L.L.C., 2025 Ohio 1503 (Ohio 2025). “The Power Siting Board Approves the Harvey Solar Project {¶ 5} Before construction begins on a facility that will generate at least 50 megawatts of power, the Power Siting Board must issue a “certificate of environmental compatibility and public need,” R.C. 4906.01. R.C.…”
Show all 14 citing cases →
— Ohio Rev. Code § 4906.01(B)(1) — 4 cases
In re Application of Middletown Coke Co., 2010 Ohio 5725 (Ohio 2010). “Under R.C. 4906.01(B)(1), a “major utility facility” includes “[e]lectric generating plant and associated facilities designed for, or capable of, operation at a capacity of fifty megawatts or more.”
In re Application of Buckeye Wind, L.L.C., 2012 Ohio 878 (Ohio 2012). “The wind farm’s expected generation capacity exceeded 126 megawatts, qualifying it under R.C. 4906.01(B)(1) as a “major utility facility” that required the approval of the board.”
In re Application of 6011 Greenwich Windpark, L.L.C. (Slip Opinion), 2019 Ohio 2406 (Ohio 2019). “FACTS AND PROCEDURAL BACKGROUND {¶ 3} The Power Siting Board has exclusive authority to issue a certificate of environmental compatibility and public need for construction, operation, and maintenance of a “major utility facility,” R.C. 4906.01(B)(1), such as a wind- powered…”
In re Application of Oak Run Solar Proj., L.L.C., 2026 Ohio 1849 (Ohio 2026).
— Ohio Rev. Code § 4906.01(B)(1)(a) — 2 cases
In re Application of Alamo Solar I, L.L.C., 2023 Ohio 3778 (Ohio 2023). “R.C. 4906.01(B)(1)(a) and 4906.04. {¶ 6} In 2019, joint stipulations and recommendations were filed in each case.”
In re Application of S. Branch Solar, L.L.C., 2025 Ohio 5679 (Ohio 2025).
— Ohio Rev. Code § 4906.01(B)(1)(c) — 1 case
In re Letter of Notification Application of Columbia Gas of Ohio, Inc., 2024 Ohio 4747 (Ohio 2024). “See R.C. 4906.01(B)(1)(c) and 4906.04. {¶ 5} R.”
— Ohio Rev. Code § 4906.01(B)(2) — 1 case
State ex rel. Ohio Edison Co. v. Parrott, 654 N.E.2d 106 (Ohio 1995). “R.C. 4906.01(B)(2) and *708 (D), 4906.04, and 4906.”
— Ohio Rev. Code § 4906.01(D) — 1 case
In re Application of 6011 Greenwich Windpark, L.L.C. (Slip Opinion), 2019 Ohio 2406 (Ohio 2019). “FACTS AND PROCEDURAL BACKGROUND {¶ 3} The Power Siting Board has exclusive authority to issue a certificate of environmental compatibility and public need for construction, operation, and maintenance of a “major utility facility,” R.C. 4906.01(B)(1), such as a wind- powered…”
— Ohio Rev. Code § 4906.01(I) — 1 case
Sunoco Pipeline L.P. v. Teter, 2016 Ohio 7073 (Ohio Ct. App. 2016). “R.C. 4906.01(I). {¶35} Furthermore, Liquid Petroleum Gas, also known as LPG, is defined in the Fire Code of the Ohio Administrative Code.”
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