As Introduced

136th General Assembly

Regular Session S. B. No. 294

2025-2026

To enact section 4906.011 of the Revised Code to declare the state's energy siting policy.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4906.011 of the Revised Code be enacted to read as follows:

Sec. 4906.011. (A) As used in this section:

(1)(a) "Affordable energy source" means an energy resource that meets all of the following criteria:

(i) Has a stable and predictable cost;

(ii) Provides a cost-effective means of heating, cooling, and generating electricity;

(iii) Delivers substantial savings related to residential and commercial customers comparable to energy sources listed in 42 U.S.C. 15852(b), based on the average cost per unit of energy output calculated to include any direct or indirect payment by any level of government for the previous five years;

(b) "Affordable energy source" does not include advanced nuclear energy technology.

(2) "Advanced nuclear energy technology" means generation III technology as defined by the nuclear regulatory commission; other, later technology; or significant improvements to existing facilities.

(3) "Reliable energy source" means an energy resource that meets both of the following criteria:

(a) Is readily available at all times to meet energy demands with minimal interruptions during high-usage periods;

(b) When used for power generation, the resource demonstrates all of the following:

(i) A minimum capacity factor of fifty per cent;

(ii) Electricity output that is dispatchable at all times and with the capability to ramp up or down electricity generation within one hour to stabilize the electrical grid;

(iii) The ability to complement and provide backup to renewable energy resources during periods of low availability.

(4)(a) "Clean energy source" means any energy generated by utilizing those sources listed in 42 U.S.C. 15852(b) or hydrocarbons, which, when combusted for the purpose of electricity generation, meet the national ambient air quality standards set by the United States environmental protection agency under the authority of the "Clean Air Act," 42 U.S.C. 7401 et seq.

(b) "Clean energy source" includes:

(i) Energy generated by nuclear reaction;

(ii) Energy generated using natural gas.

(5) "Domestic production" means a fuel source that is primarily produced within the United States.

(6) "Infrastructure security" means infrastructure necessary to deliver energy to customers that minimizes reliance on foreign nations for critical materials or manufacturing.

(7) "Foreign adversary nation" means any country specified in 10 U.S.C. 4872(f)(2).

(B) It is declared to be the public policy of the state, in order to ensure affordable, reliable, and clean energy security within the state, to do the following in all cases involving an application for a utility facility certificate under section 4906.06 of the Revised Code:

(1) Employ affordable, reliable, and clean energy sources;

(2) Ensure that, except for energy generated by nuclear reaction, the state prioritizes domestic production;

(3) Minimize reliance on foreign adversary nations for critical materials or manufacturing by prioritizing infrastructure necessary to deliver energy to Ohio customers.