On Tuesday, proponents of Senate Bill 52 and House Bill 118 gave testimony in the Senate Energy & Public Utilities Committee and the House Public Utilities Committee. These companion bills create new barriers to entry for solar and wind projects by subjecting them to a new layer of local government regulation in addition to the state process by including a township-by-township referenda.
During both hearings, proponents of the bill claimed that Ohio is one of the only states to not have local siting for wind and solar projects; however, this is not true. According to a National Conference of State Legislatures article, only 22 states have a completely local process when it comes to siting wind projects. Section 4609.13 of the Ohio Revised Code says that there is no local jurisdiction for any wind farm or major utility facility which includes gas pipelines electric generating plants and electric transmission lines, therefore, wind and solar are not the only sources of generation not subjected to local oversight. More information on this section of Ohio’s Revised Code can be found here.
Some proponents of the bills claimed in their testimonies that they believed in an all-of-the-above energy portfolio. Initiatives like township referenda makes the use of wind and solar generation less likely thereby limiting energy generation to fewer options. Another consequence of subjecting certain sources of generation to township referenda is the dangerous precedence that is set and could cause other sources of generation to be subjected to the same fate.
Last General Assembly when I gave testimony on similar legislation that only subjected wind projects to township referenda, I warned the committee of the slippery slope that the bills presented when it came to other sources of generation. Fast forward to today, SB 52 and HB 118 now include solar generation, and we are now seeing the beginning of the slippery slope in motion. This is not only concerning to wind and solar developers, but this is also concerning to other Ohio Chamber members in the energy and agricultural space.
The Ohio Chamber of Commerce will continue to watch both bills as they make their way through the process. If SB 52 and HB 118 receive a third hearing, the Ohio Chamber will testify.