Ohio § 4906.02

§ 4906.02.

(A)(1) There is hereby created within the public utilities commission the power siting board,

composed of the chairperson of the public utilities commission, the director of environmental

protection, the director of health, the director of development, the director of natural

resources, the director of agriculture, and a representative of the public who shall

be an engineer and shall be appointed by the governor, from a list of three nominees

submitted to the governor by the office of the consumers' counsel, with the advice

and consent of the senate and shall serve for a term of four years.  The chairperson of the public utilities commission shall be chairperson of the board

and its chief executive officer.  The chairperson shall designate one of the voting members of the board to act as

vice-chairperson who shall possess during the absence or disability of the chairperson

all of the powers of the chairperson.  All hearings, studies, and consideration of applications for certificates shall

be conducted by the board or representatives of its members. In addition, the board shall include four legislative members who may participate

fully in all the board's deliberations and activities except that they shall serve

as nonvoting members.  The speaker of the house of representatives shall appoint one legislative member,

and the president of the senate and minority leader of each house shall each appoint

one legislative member.  Each such legislative leader shall designate an alternate to attend meetings of

the board when the regular legislative member appointed by the legislative leader

is unable to attend.  Each legislative member and alternate shall serve for the duration of the elected

term that the legislative member is serving at the time of appointment.  A quorum of the board is a majority of its voting members. The representative of the public and, notwithstanding section 101.26 of the Revised Code , legislative members of the board or their designated alternates, when engaged in

their duties as members of the board, shall be paid at the per diem rate of step 1,

pay range 32, under schedule B of section 124.15 of the Revised Code and shall be reimbursed for the actual and necessary expenses they incur in the discharge

of their official duties. (2) In all cases involving an application for a certificate or a material amendment to

an existing certificate for a utility facility, as defined in section 303.57 of the Revised Code , the board shall include two voting ad hoc members, as described in section 4906.021 of the Revised Code . (B) The chairperson shall keep a complete record of all proceedings of the board, issue

all necessary process, writs, warrants, and notices, keep all books, maps, documents,

and papers ordered filed by the board, conduct investigations pursuant to section 4906.07 of the Revised Code , and perform such other duties as the board may prescribe. (C) The chairperson of the public utilities commission may assign or transfer duties

among the commission's staff.  However, the board's authority to grant certificates under section 4906.10 of the Revised Code shall not be exercised by any officer, employee, or body other than the board itself. (D)(1) The chairperson may call to the chairperson's assistance, temporarily, any employee

of the environmental protection agency, the department of natural resources, the department

of agriculture, the department of health, or the department of development, for the

purpose of making studies, conducting hearings, investigating applications, or preparing

any report required or authorized under this chapter.  Such employees shall not receive any additional compensation over that which they

receive from the agency by which they are employed, but they shall be reimbursed for

their actual and necessary expenses incurred while working under the direction of

the chairperson.  All contracts for special services are subject to the approval of the chairperson. (2) Subject to controlling board approval, the board may contract for the services of

any expert or analyst, other than an employee described in division (D)(1) of this

section, for the purposes of carrying out the board’s powers and duties as described

in Chapter 4906. of the Revised Code.  Any such expert or analyst shall be compensated from the application fee, or if

necessary, supplemental application fees assessed in accordance with division (F) of section 4906.06 of the Revised Code . (E) The board's offices shall be located in those of the public utilities commission.