2020 Rule Review

Over the course of 2020, the OPSB will be engaged in a comprehensive review of its rules in Ohio Administrative Code Chapters 4906-1 to 4906-7. The review will include multiple opportunities for stakeholder and public engagement.

Stakeholder meetings

Opportunities for public participation began with a series of informal stakeholder meetings.

  1. March 10, 2020  |  Utilities, renewable energy developers, trade associations  |  Meeting summary
  2. March 11, 2020  |  Community activists, local elected officials, statewide interest groups  |  Meeting summary
  3. May 12, 2020  |  Siting review agencies, state legislators  |  Meeting summary

Stakeholder comments
Stakeholders and members of the public are welcome to submit informal written comments to contactOPSB@puco.ohio.gov. This list of questions may be helpful in guiding your comments. To date, the OPSB has received informal written comments from the following stakeholders:

Rulemaking docket and public workshop

After carefully considering stakeholder feedback, the OPSB will open a rulemaking docket. The OPSB will schedule a public workshop to provide an opportunity for interested Ohioans to offer direct input.

Formal comment period

Following the public workshop, the OPSB will issue draft rules, taking into account the input received. Stakeholders and the public will then have an opportunity to file formal written comments regarding the draft rules. The comment period will be established in a procedural entry. Once all comments and replies have been considered, the OPSB will issue an order approving final rules and directing the rules to be filed with Ohio Legislature’s Joint Committee on Agency Rule Review (JCARR).

JCARR review

Once new rules or changes to existing rules are approved by the OPSB, the proposed rules are filed for JCARR review. JCARR reviews proposed new, amended, and rescinded rules to ensure that: 

  1. The rules do not exceed the scope of the OPSB’s statutory authority. 
  2. The rules do not conflict with the OPSB’s existing rules or those of another rulemaking agency.
  3. The rules do not conflict with the intent of the Legislature in enacting the statute under which the rule is proposed. 
  4. The OPSB has submitted a complete and accurate summary and fiscal analysis of the proposed rule, amendment, or rescission.
  5. The OPSB has demonstrated through the business impact analysis, recommendations from the Common Sense Initiative office, and the memorandum of response that the regulatory intent of the proposed rule or revised proposed rule justifies its adverse impact on businesses in this state, if any.
Effective date of new rules

The effective date of a rule is determined by two different factors: 

  1. The date on which the rule leaves JCARR jurisdiction (which lasts 65 days from the date of original filing or 30 days from the date of refiling); and 
  2. The date on which the OPSB files the rule in final form with JCARR. 

The OPSB assigns an effective date which cannot be less than 10 days from the date of final filing.

More information