4905.81 Highway routing of hazardous materials rules.
(A) The public utilities commission may adopt rules applicable to the highway routing of hazardous materials into, through, or within this state. Rules adopted under this division shall be consistent with, and equivalent in scope, coverage, and content to, subsection (b) of section 4 of the “Hazardous Materials Transportation Uniform Safety Act of 1990,” 104 Stat. 3244, 49 U.S.C.A. App. 1804, and regulations adopted under that section. Rules adopted or amended under this division on or after November 17, 2000, shall be adopted or amended in accordance with Chapter 119. of the Revised Code.
(B) No person shall violate or fail to perform a duty imposed by a rule adopted under this section or an order of the commission issued to secure compliance with such a rule or this section.
(C) To achieve the purposes of this title, the commission, through its inspectors or other authorized employees, may enter at reasonable times upon the premises, and may enter upon and inspect at any time motor vehicles, of any person who transports or offers for transportation hazardous materials subject to the safety rules prescribed in this title, to examine any records or documents that relate to the transportation and the offering for transportation of hazardous materials. The commission or its authorized employees may apply for, and any judge of a court of record of competent jurisdiction may issue, an appropriate search warrant to achieve the purposes of this title.
(D) To achieve the purposes of this title and to assist the commission in the performance of any of its powers or duties, the commission, either through the public utilities commissioners or employees authorized by it, may examine under oath, at the offices of the commission, any officer, agent, or employee of any person who transports or offers for transportation hazardous materials subject to the safety rules prescribed in this title in relation to the transportation and offering for transportation of hazardous materials. The commission, by subpoena, also may compel the attendance of such a witness for the purpose of the examination and, by subpoena duces tecum, may compel the production of all books, contracts, records, and documents that relate to the transportation and offering for transportation of hazardous materials.
(E)(1) There is hereby created the hazardous materials advisory panel to carry out the purposes of divisions (E)(2) and (3) of this section. The panel shall consist of the following nine members: three representatives of common carriers of hazardous materials, three representatives of private carriers of hazardous materials, and one representative of shippers of hazardous materials, each appointed by the chairperson of the public utilities commission; one member of the house of representatives appointed by the speaker of the house of representatives; and one member of the senate appointed by the president of the senate. The speaker of the house, president of the senate, and chairperson of the commission shall make their initial appointments to the panel within thirty days after July 22, 1994. Of the initial appointments, each shall be for a term ending two years after the date of the initial appointment. Subsequent appointments shall be for two-year terms, with each term ending on the same day of the same month as the term it succeeds. Panel members shall receive no compensation or expenses in the performance of panel duties. Each panel member shall serve on the panel from the date of appointment until the end of the term for which the member was appointed. Any member of the general assembly shall remain as a member of the panel only so long as the person is a member of the general assembly. Panel members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member’s predecessor was appointed shall serve as a member for the remainder of that term. A member shall continue to serve after the expiration date of the member’s term until the member’s successor commences service on the panel or until a period of sixty days has elapsed, whichever occurs first.
(2) At least thirty days before issuing an order for notice of and the opportunity for comment on any proposed rules under division (B) of section 4905.80 of the Revised Code or division (A) of this section, the commission shall distribute the proposed rules to each member of the panel for consultation and advice. The commission shall convene a meeting of the panel to prepare a report on the proposed rules, which shall be submitted to the commission and contain the panel’s recommendations, comments, and other advice regarding all matters it considers pertinent to the issuance and implementation of the proposed rules. Upon the request of the panel, the commission may hold a hearing to receive testimony from panel members regarding any issue of fact or law in the report. The commission shall consider the report before it issues any order for notice of and the opportunity for comment on any proposed rules under division (B) of section 4905.80 of the Revised Code or division (A) of this section. In any such order, the commission shall address any recommendations, comments, and other advice contained in the panel’s report, including matters with which the commission concludes it cannot agree. After the commission issues any such order for notice and opportunity for comment, it shall transmit to each member of the panel copies of any comments it receives and shall provide panel members with an opportunity to respond to those comments either in writing or before the commission, or both. The commission shall notify the panel of any hearings or meetings regarding the proposed rules. Any panel member may participate in the same manner as any interested party in any hearings held regarding the proposed rules.
(3) One year after July 22, 1994, and annually after that date until November 17, 2000, the commission and the panel shall present at a public hearing and transmit to the speaker of the house of representatives and the president of the senate, or committees of the house of representatives and senate of the general assembly respectively designated by the speaker and the senate president, an annual report on the status of sections 4905.80 and 4905.81 of the Revised Code, which shall address all of the following:
(a) Any barriers to the implementation of the forms and procedures for the uniform registration and uniform permitting of carriers of hazardous materials pursuant to section 4905.80 of the Revised Code and the implementation of routing designations pursuant to section 4905.81 of the Revised Code;
(b) Any costs to the state and to carriers and shippers of hazardous materials resulting from the implementation of sections 4905.80 and 4905.81 of the Revised Code;
(c) The effectiveness of reciprocity with other states in the implementation of sections 4905.80 and 4905.81 of the Revised Code;
(d) Whether the implementation of sections 4905.80 and 4905.81 of the Revised Code reduces the administrative burden on carriers and shippers of hazardous materials and on the state;
(e) Whether the implementation of sections 4905.80 and 4905.81 of the Revised Code enhances the protection of the public health and safety and the environment;
(f) The impact of federal law on the implementation of sections 4905.80 and 4905.81 of the Revised Code and any recommendations the state should make to federal authorities regarding changes to such federal law or its administration and enforcement.
(4) The hazardous materials advisory panel shall cease to exist on November 17, 2000.
4905.81 Highway routing of hazardous materials rules.
(A) The public utilities commission may adopt rules applicable to the highway routing of hazardous materials into, through, or within this state. Rules adopted under this division shall be consistent with, and equivalent in scope, coverage, and content to, subsection (b) of section 4 of the “Hazardous Materials Transportation Uniform Safety Act of 1990,” 104 Stat. 3244, 49 U.S.C.A. App. 1804, and regulations adopted under that section. Rules adopted or amended under this division on or after November 17, 2000, shall be adopted or amended in accordance with Chapter 119. of the Revised Code.
(B) No person shall violate or fail to perform a duty imposed by a rule adopted under this section or an order of the commission issued to secure compliance with such a rule or this section.
(C) To achieve the purposes of this title, the commission, through its inspectors or other authorized employees, may enter at reasonable times upon the premises, and may enter upon and inspect at any time motor vehicles, of any person who transports or offers for transportation hazardous materials subject to the safety rules prescribed in this title, to examine any records or documents that relate to the transportation and the offering for transportation of hazardous materials. The commission or its authorized employees may apply for, and any judge of a court of record of competent jurisdiction may issue, an appropriate search warrant to achieve the purposes of this title.
(D) To achieve the purposes of this title and to assist the commission in the performance of any of its powers or duties, the commission, either through the public utilities commissioners or employees authorized by it, may examine under oath, at the offices of the commission, any officer, agent, or employee of any person who transports or offers for transportation hazardous materials subject to the safety rules prescribed in this title in relation to the transportation and offering for transportation of hazardous materials. The commission, by subpoena, also may compel the attendance of such a witness for the purpose of the examination and, by subpoena duces tecum, may compel the production of all books, contracts, records, and documents that relate to the transportation and offering for transportation of hazardous materials.
(E)(1) There is hereby created the hazardous materials advisory panel to carry out the purposes of divisions (E)(2) and (3) of this section. The panel shall consist of the following nine members: three representatives of common carriers of hazardous materials, three representatives of private carriers of hazardous materials, and one representative of shippers of hazardous materials, each appointed by the chairperson of the public utilities commission; one member of the house of representatives appointed by the speaker of the house of representatives; and one member of the senate appointed by the president of the senate. The speaker of the house, president of the senate, and chairperson of the commission shall make their initial appointments to the panel within thirty days after July 22, 1994. Of the initial appointments, each shall be for a term ending two years after the date of the initial appointment. Subsequent appointments shall be for two-year terms, with each term ending on the same day of the same month as the term it succeeds. Panel members shall receive no compensation or expenses in the performance of panel duties. Each panel member shall serve on the panel from the date of appointment until the end of the term for which the member was appointed. Any member of the general assembly shall remain as a member of the panel only so long as the person is a member of the general assembly. Panel members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member’s predecessor was appointed shall serve as a member for the remainder of that term. A member shall continue to serve after the expiration date of the member’s term until the member’s successor commences service on the panel or until a period of sixty days has elapsed, whichever occurs first.
(2) At least thirty days before issuing an order for notice of and the opportunity for comment on any proposed rules under division (B) of section 4905.80 of the Revised Code or division (A) of this section, the commission shall distribute the proposed rules to each member of the panel for consultation and advice. The commission shall convene a meeting of the panel to prepare a report on the proposed rules, which shall be submitted to the commission and contain the panel’s recommendations, comments, and other advice regarding all matters it considers pertinent to the issuance and implementation of the proposed rules. Upon the request of the panel, the commission may hold a hearing to receive testimony from panel members regarding any issue of fact or law in the report. The commission shall consider the report before it issues any order for notice of and the opportunity for comment on any proposed rules under division (B) of section 4905.80 of the Revised Code or division (A) of this section. In any such order, the commission shall address any recommendations, comments, and other advice contained in the panel’s report, including matters with which the commission concludes it cannot agree. After the commission issues any such order for notice and opportunity for comment, it shall transmit to each member of the panel copies of any comments it receives and shall provide panel members with an opportunity to respond to those comments either in writing or before the commission, or both. The commission shall notify the panel of any hearings or meetings regarding the proposed rules. Any panel member may participate in the same manner as any interested party in any hearings held regarding the proposed rules.
(3) One year after July 22, 1994, and annually after that date until November 17, 2000, the commission and the panel shall present at a public hearing and transmit to the speaker of the house of representatives and the president of the senate, or committees of the house of representatives and senate of the general assembly respectively designated by the speaker and the senate president, an annual report on the status of sections 4905.80 and 4905.81 of the Revised Code, which shall address all of the following:
(a) Any barriers to the implementation of the forms and procedures for the uniform registration and uniform permitting of carriers of hazardous materials pursuant to section 4905.80 of the Revised Code and the implementation of routing designations pursuant to section 4905.81 of the Revised Code;
(b) Any costs to the state and to carriers and shippers of hazardous materials resulting from the implementation of sections 4905.80 and 4905.81 of the Revised Code;
(c) The effectiveness of reciprocity with other states in the implementation of sections 4905.80 and 4905.81 of the Revised Code;
(d) Whether the implementation of sections 4905.80 and 4905.81 of the Revised Code reduces the administrative burden on carriers and shippers of hazardous materials and on the state;
(e) Whether the implementation of sections 4905.80 and 4905.81 of the Revised Code enhances the protection of the public health and safety and the environment;
(f) The impact of federal law on the implementation of sections 4905.80 and 4905.81 of the Revised Code and any recommendations the state should make to federal authorities regarding changes to such federal law or its administration and enforcement.
(4) The hazardous materials advisory panel shall cease to exist on November 17, 2000.
4905.81 Highway routing of hazardous materials rules.
(A) The public utilities commission may adopt rules applicable to the highway routing of hazardous materials into, through, or within this state. Rules adopted under this division shall be consistent with, and equivalent in scope, coverage, and content to, subsection (b) of section 4 of the “Hazardous Materials Transportation Uniform Safety Act of 1990,” 104 Stat. 3244, 49 U.S.C.A. App. 1804, and regulations adopted under that section. Rules adopted or amended under this division on or after November 17, 2000, shall be adopted or amended in accordance with Chapter 119. of the Revised Code.
(B) No person shall violate or fail to perform a duty imposed by a rule adopted under this section or an order of the commission issued to secure compliance with such a rule or this section.
(C) To achieve the purposes of this title, the commission, through its inspectors or other authorized employees, may enter at reasonable times upon the premises, and may enter upon and inspect at any time motor vehicles, of any person who transports or offers for transportation hazardous materials subject to the safety rules prescribed in this title, to examine any records or documents that relate to the transportation and the offering for transportation of hazardous materials. The commission or its authorized employees may apply for, and any judge of a court of record of competent jurisdiction may issue, an appropriate search warrant to achieve the purposes of this title.
(D) To achieve the purposes of this title and to assist the commission in the performance of any of its powers or duties, the commission, either through the public utilities commissioners or employees authorized by it, may examine under oath, at the offices of the commission, any officer, agent, or employee of any person who transports or offers for transportation hazardous materials subject to the safety rules prescribed in this title in relation to the transportation and offering for transportation of hazardous materials. The commission, by subpoena, also may compel the attendance of such a witness for the purpose of the examination and, by subpoena duces tecum, may compel the production of all books, contracts, records, and documents that relate to the transportation and offering for transportation of hazardous materials.
(E)(1) There is hereby created the hazardous materials advisory panel to carry out the purposes of divisions (E)(2) and (3) of this section. The panel shall consist of the following nine members: three representatives of common carriers of hazardous materials, three representatives of private carriers of hazardous materials, and one representative of shippers of hazardous materials, each appointed by the chairperson of the public utilities commission; one member of the house of representatives appointed by the speaker of the house of representatives; and one member of the senate appointed by the president of the senate. The speaker of the house, president of the senate, and chairperson of the commission shall make their initial appointments to the panel within thirty days after July 22, 1994. Of the initial appointments, each shall be for a term ending two years after the date of the initial appointment. Subsequent appointments shall be for two-year terms, with each term ending on the same day of the same month as the term it succeeds. Panel members shall receive no compensation or expenses in the performance of panel duties. Each panel member shall serve on the panel from the date of appointment until the end of the term for which the member was appointed. Any member of the general assembly shall remain as a member of the panel only so long as the person is a member of the general assembly. Panel members may be reappointed. Vacancies shall be filled in the manner provided for original appointments. Any member appointed to fill a vacancy occurring prior to the expiration date of the term for which the member’s predecessor was appointed shall serve as a member for the remainder of that term. A member shall continue to serve after the expiration date of the member’s term until the member’s successor commences service on the panel or until a period of sixty days has elapsed, whichever occurs first.
(2) At least thirty days before issuing an order for notice of and the opportunity for comment on any proposed rules under division (B) of section 4905.80 of the Revised Code or division (A) of this section, the commission shall distribute the proposed rules to each member of the panel for consultation and advice. The commission shall convene a meeting of the panel to prepare a report on the proposed rules, which shall be submitted to the commission and contain the panel’s recommendations, comments, and other advice regarding all matters it considers pertinent to the issuance and implementation of the proposed rules. Upon the request of the panel, the commission may hold a hearing to receive testimony from panel members regarding any issue of fact or law in the report. The commission shall consider the report before it issues any order for notice of and the opportunity for comment on any proposed rules under division (B) of section 4905.80 of the Revised Code or division (A) of this section. In any such order, the commission shall address any recommendations, comments, and other advice contained in the panel’s report, including matters with which the commission concludes it cannot agree. After the commission issues any such order for notice and opportunity for comment, it shall transmit to each member of the panel copies of any comments it receives and shall provide panel members with an opportunity to respond to those comments either in writing or before the commission, or both. The commission shall notify the panel of any hearings or meetings regarding the proposed rules. Any panel member may participate in the same manner as any interested party in any hearings held regarding the proposed rules.
(3) One year after July 22, 1994, and annually after that date until November 17, 2000, the commission and the panel shall present at a public hearing and transmit to the speaker of the house of representatives and the president of the senate, or committees of the house of representatives and senate of the general assembly respectively designated by the speaker and the senate president, an annual report on the status of sections 4905.80 and 4905.81 of the Revised Code, which shall address all of the following:
(a) Any barriers to the implementation of the forms and procedures for the uniform registration and uniform permitting of carriers of hazardous materials pursuant to section 4905.80 of the Revised Code and the implementation of routing designations pursuant to section 4905.81 of the Revised Code;
(b) Any costs to the state and to carriers and shippers of hazardous materials resulting from the implementation of sections 4905.80 and 4905.81 of the Revised Code;
(c) The effectiveness of reciprocity with other states in the implementation of sections 4905.80 and 4905.81 of the Revised Code;
(d) Whether the implementation of sections 4905.80 and 4905.81 of the Revised Code reduces the administrative burden on carriers and shippers of hazardous materials and on the state;
(e) Whether the implementation of sections 4905.80 and 4905.81 of the Revised Code enhances the protection of the public health and safety and the environment;
(f) The impact of federal law on the implementation of sections 4905.80 and 4905.81 of the Revised Code and any recommendations the state should make to federal authorities regarding changes to such federal law or its administration and enforcement.
(4) The hazardous materials advisory panel shall cease to exist on November 17, 2000.
