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HB 853

Regards power siting board and natural gas fuel cell facilities

136th Legislature (2025-2026) Introduced by Christine Cockley and 1 co-sponsor

The bill creates a formal Ohio framework requiring fire safety coordination, incident reporting, and up-front, periodically updated decommissioning funding and plans for natural ga

Referred to committee
#localgovernment #stateandlocalgovernment #utilities
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Bill Summary · HB 853

Overview

HB 853 (136th General Assembly) introduces new certification, siting, safety, and decommissioning requirements for natural gas fuel cell facilities in Ohio. The bill creates a dedicated framework within the power siting process (Chapter 4906) to regulate construction, operation, fire safety coordination, incident reporting, and financial assurances for decommissioning. It applies to both new certified facilities and, for certain provisions, existing facilities or those approved but not yet certified as of the effective date.

Purpose and Intent

  • Establish a formal regulatory framework for natural gas fuel cell facilities, focusing on site planning, fire safety coordination, incident reporting, and decommissioning.
  • Ensure that decommissioning costs are funded up-front and periodically updated to reflect current estimates.
  • Integrate fire safety information sharing with local fire departments and local political subdivisions.
  • Require a comprehensive, professionally prepared decommissioning plan reviewed by the power siting board (PSB) prior to construction.

Key Provisions

  1. Definitions (Sec. 4906.23)

    • Clarifies terms: applicant, local political subdivision, natural gas fuel cell, natural gas fuel cell facility.

  2. Fire Department Coordination (Sec. 4906.231)

    • Facility owners/operators must provide site plans, maps, and broad technology information to the affiliated local fire department serving the facility area.
    • Purpose: enable effective fire and safety planning.

  3. Incident Reporting (Sec. 4906.232)

    • Owners/operators must submit a written report to the appropriate local political subdivision within or related to any accident or adverse activity.
    • Report details: event description, known causes, and corrective actions taken to prevent recurrences.

  4. Pre-Construction Decommissioning Plan (Sec. 4906.233)

    • At least 60 days before construction begins, submit a comprehensive decommissioning plan for PSB review and approval.

  5. Decommissioning Plan Contents (Sec. 4906.234)

    • Must be prepared by a professional engineer licensed in Ohio.
    • PSB may require a different qualified engineer if needed.
    • Plan must include:
      • (1) List of decommissioning parties.
      • (2) Decommissioning schedule (not to exceed 12 months after cessation of operation).
      • (3) Estimated total decommissioning cost, including disposal and land restoration (no salvage value deduction).

  6. Cost Reassessment (Sec. 4906.235)

    • The decommissioning cost estimate must be recalculated every five years by an engineer retained by the applicant.

  7. Performance Bond (Sec. 4906.236–4906.237)

    • Before construction, a performance bond must be posted to assure decommissioning funds.
    • PSB is the obligee.
    • Bond amount equals the decommissioning cost estimate.

  8. Bond Updating (Sec. 4906.238)

    • Bond updated every five years based on latest estimates.
    • If latest estimate is higher, bond increases proportionally; if lower, bond is not reduced.

  9. Information Sharing and Applicability (Sec. 4906.239)

    • Fire safety information sharing and incident reporting requirements (Sections 4906.231–4906.232) apply to all certified facilities, existing or new.
    • Decommissioning-related provisions (Sections 4906.233–4906.238) apply to facilities not yet certified as of the effective date.

Who/What Is Affected

  • Applicants/Owners/Operators seeking certification for major utility facilities involving natural gas fuel cells.
  • Natural gas fuel cell facilities (existing and new) operating in Ohio or pursuing certification.
  • Local fire departments and local political subdivisions responsible for fire safety planning and incident oversight.
  • Professional engineers licensed in Ohio who prepare decommissioning plans and provide engineering oversight.
  • Power Siting Board (PSB), which reviews decommissioning plans, approves prerequisites, and holds the decommissioning bond as an obligee.

Procedural and Timeline Aspects

  • Decommissioning plans must be submitted at least 60 days before construction begins (Sec. 4906.233).
  • Decommissioning activities must be scheduled to be completed within 12 months after the facility ceases operation (Sec. 4906.234).
  • Decommissioning cost estimates must be recalculated every five years (Sec. 4906.235) and bonds updated accordingly (Sec. 4906.238).
  • The PSB administers review and approval of the decommissioning plan and bonds (Sec. 4906.234–4906.238).
  • Incident reporting and fire safety information-sharing requirements apply to all certified facilities, including those existing prior to the bill’s effective date (Sec. 4906.239).

Potential Impact

  • Enhanced fire safety planning and quicker, structured incident reporting at the local level.
  • Increased financial assurance for decommissioning, potentially affecting project economics through bonding requirements and periodic cost re-estimation.
  • Higher professional standards for decommissioning planning (engineer- prepared plans).
  • Greater regulatory clarity for siting decisions and post-closure responsibilities of natural gas fuel cell facilities.

Compiled from official sources — confirm details with the bill’s official record.

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