Current as of January 01, 2020 | Updated by FindLaw Staff
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(A) The whole population of the state, as determined by the federal decennial census or, if such is unavailable, such other basis as the general assembly may direct, shall be divided by the number “ninety-nine” and by the number “thirty-three” and the quotients shall be the ratio of representation in the house of representatives and in the senate, respectively, for ten years next succeeding such redistricting.
(B) A general assembly district plan shall comply with all of the requirements of division (B) of this section.
(1) The population of each house of representatives district shall be substantially equal to the ratio of representation in the house of representatives, and the population of each senate district shall be substantially equal to the ratio of representation in the senate, as provided in division (A) of this section. In no event shall any district contain a population of less than ninety-five per cent nor more than one hundred five per cent of the applicable ratio of representation.
(2) Any general assembly district plan adopted by the commission shall comply with all applicable provisions of the constitutions of Ohio and the United States and of federal law.
(3) Every general assembly district shall be composed of contiguous territory, and the boundary of each district shall be a single nonintersecting continuous line.
(C) House of representatives districts shall be created and numbered in the following order of priority, to the extent that such order is consistent with the foregoing standards:
(1) Proceeding in succession from the largest to the smallest, each county containing population greater than one hundred five per cent of the ratio of representation in the house of representatives shall be divided into as many house of representatives districts as it has whole ratios of representation. Any fraction of the population in excess of a whole ratio shall be a part of only one adjoining house of representatives district.
(2) Each county containing population of not less than ninety-five per cent of the ratio of representation in the house of representatives nor more than one hundred five per cent of the ratio shall be designated a representative district.
(3) The remaining territory of the state shall be divided into representative districts by combining the areas of counties, municipal corporations, and townships. Where feasible, no county shall be split more than once.
(D)(1)(a) Except as otherwise provided in divisions (D)(1)(b) and (c) of this section, a county, municipal corporation, or township is considered to be split if any contiguous portion of its territory is not contained entirely within one district.
(b) If a municipal corporation or township has territory in more than one county, the contiguous portion of that municipal corporation or township that lies in each county shall be considered to be a separate municipal corporation or township for the purposes of this section.
(c) If a municipal corporation or township that is located in a county that contains a municipal corporation or township that has a population of more than one ratio of representation is split for the purpose of complying with division (E)(1)(a) or (b) of this section, each portion of that municipal corporation or township shall be considered to be a separate municipal corporation or township for the purposes of this section.
(2) Representative districts shall be drawn so as to split the smallest possible number of municipal corporations and townships whose contiguous portions contain a population of more than fifty per cent, but less than one hundred per cent, of one ratio of representation.
(3) Where the requirements of divisions (B), (C), and (D) of this section cannot feasibly be attained by forming a representative district from whole municipal corporations and townships, not more than one municipal corporation or township may be split per representative district.
(E)(1) If it is not possible for the commission to comply with all of the requirements of divisions (B), (C), and (D) of this section in drawing a particular representative district, the commission shall take the first action listed below that makes it possible for the commission to draw that district:
(a) Notwithstanding division (D)(3) of this section, the commission shall create the district by splitting two municipal corporations or townships whose contiguous portions do not contain a population of more than fifty per cent, but less than one hundred per cent, of one ratio of representation.
(b) Notwithstanding division (D)(2) of this section, the commission shall create the district by splitting a municipal corporation or township whose contiguous portions contain a population of more than fifty per cent, but less than one hundred per cent, of one ratio of representation.
(c) Notwithstanding division (C)(2) of this section, the commission shall create the district by splitting, once, a single county that contains a population of not less than ninety-five per cent of the ratio of representation, but not more than one hundred five per cent of the ratio of representation.
(d) Notwithstanding division (C)(1) of this section, the commission shall create the district by including in two districts portions of the territory that remains after a county that contains a population of more than one hundred five per cent of the ratio of representation has been divided into as many house of representatives districts as it has whole ratios of representation.
(2) If the commission takes an action under division (E)(1) of this section, the commission shall include in the general assembly district plan a statement explaining which action the commission took under that division and the reason the commission took that action.
(3) If the commission complies with divisions (E)(1) and (2) of this section in drawing a district, the commission shall not be considered to have violated division (C)(1), (C)(2), (D)(2), or (D)(3) of this section, as applicable, in drawing that district, for the purpose of an analysis under division (D) of Section 9 of this article.
(a) This section applies for engines where measured emissions are affected by prior operation, such as with a diesel engine that relies on urea-based selective catalytic reduction. Note that § 1065.520(e) allows you to run practice duty cycles before the emission test; this section recommends how to do this for the purpose of preconditioning the engine. Follow the standard-setting part if it specifies a different engine preconditioning procedure.
(b) The intent of engine preconditioning is to manage the representativeness of emissions and emission controls over the duty cycle and to reduce bias.
(c) This paragraph (c) specifies the engine preconditioning procedures for different types of duty cycles. You must identify the amount of preconditioning before starting to precondition. You must run the predefined amount of preconditioning. You may measure emissions during preconditioning. You may not abort an emission test sequence based on emissions measured during preconditioning. For confirmatory testing, you may ask us to run more preconditioning cycles than we specify in this paragraph (c); we will agree to this only if you show that additional preconditioning cycles are required to meet the intent of paragraph (b) of this section, for example, due to the effect of DPF regeneration on NH3 storage in the SCR catalyst. Perform preconditioning as follows, noting that the specific cycles for preconditioning are the same ones that apply for emission testing:
(1) Cold-start transient cycle. Precondition the engine by running at least one hot-start transient cycle. We will precondition your engine by running two hot-start transient cycles. Immediately after completing each preconditioning cycle, shut down the engine and complete the engine-off soak period. Immediately after completing the last preconditioning cycle, shut down the engine and begin the cold soak as described in § 1065.530(a)(1).
(2) Hot-start transient cycle. Precondition the engine by running at least one hot-start transient cycle. We will precondition your engine by running two hot-start transient cycles. Immediately after completing each preconditioning cycle, shut down the engine, then start the next cycle (including the emission test) as soon as practical. For any repeat cycles, start the next cycle within 60 seconds after completing the last preconditioning cycle (this is optional for manufacturer testing).
(3) Hot-running transient cycle. Precondition the engine by running at least one hot-running transient cycle. We will precondition your engine by running two hot-running transient cycles. Do not shut down the engine between cycles. Immediately after completing each preconditioning cycle, start the next cycle (including the emission test) as soon as practical. For any repeat cycles, start the next cycle within 60 seconds after completing the last preconditioning cycle (this is optional for manufacturer testing). See § 1065.530(a)(1)(iii) for additional instructions if the cycle begins and ends under different operating conditions.
(4) Discrete-mode cycle for steady-state testing. Precondition the engine at the same operating condition as the next test mode, unless the standard-setting part specifies otherwise. We will precondition your engine by running it for at least five minutes before sampling.
(5) Ramped-modal cycle for steady-state testing. Precondition the engine by running at least the second half of the ramped-modal cycle, based on the number of test modes. For example, for the five-mode cycle specified in 40 CFR 1039.505(b)(1), the second half of the cycle consists of modes three through five. We will precondition your engine by running one complete ramped-modal cycle. Do not shut down the engine between cycles. Immediately after completing each preconditioning cycle, start the next cycle (including the emission test) as soon as practical. For any repeat cycles, start the next cycle within 60 seconds after completing the last preconditioning cycle. See § 1065.530(a)(1)(iii) for additional instructions if the cycle begins and ends under different operating conditions.
(d) You may conduct calibrations or verifications on any idle equipment or analyzers during engine preconditioning.
Cite this article: FindLaw.com - Constitution of the State of Ohio Art. XI, § 3 - last updated January 01, 2020 | https://codes.findlaw.com/oh/constitution-of-the-state-of-ohio/oh-const-art-xi-sect-3-nr2.html
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