As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                 H. B. No. 621   5            

      1997-1998                                                    6            


    REPRESENTATIVES HAINES-HODGES-REID-SULZER-GARDNER-LOGAN-       8            

        WESTON-VESPER-TAVARES-JONES-CATES-PADGETT-HARRIS-          9            

          TERWILLEGER-KREBS-BENDER-CAREY-GRENDELL-HOOD-            9/1          

                   HOUSEHOLDER-METELSKY-SAWYER                     9/2          


                                                                   9/4          

                           A   B I L L                                          

             To amend sections 122.011, 166.03, and 901.63 and to  9/6          

                enact sections 901.80 to 901.82 of the Revised     9/7          

                Code and to amend Sections 47 and 47.15 of Am.     9/8          

                Sub. H.B. 215 of the 122nd General Assembly to     17           

                create the Family Farm Loan  Program and the       18           

                Family Farm Loan Fund in the Department of         19           

                Agriculture to promote agricultural development,   20           

                to terminate the provisions of this act on June    21           

                30, 1999, by repealing sections  901.80, 901.81,   22           

                and 901.82 of the Revised Code on that date, and   23           

                to make an appropriation.                          24           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        26           

      Section 1.  That sections 122.011, 166.03, and 901.63 be     28           

amended and sections 901.80, 901.81, and 901.82 of the Revised     29           

Code be enacted to read as follows:                                30           

      Sec. 122.011.  (A)  The department of development shall      39           

develop and promote plans and programs designed to assure that     40           

state resources are efficiently used, economic growth is properly  41           

balanced, community growth is developed in an orderly manner, and  42           

local governments are coordinated with each other and the state,   43           

and for such purposes may do all of the following:                 44           

      (1)  Serve as a clearinghouse for information, data, and     46           

other materials that may be helpful or necessary to persons or     47           

                                                          2      

                                                                 
local governments, as provided in section 122.07 of the Revised    48           

Code;                                                              49           

      (2)  Prepare and activate plans for the retention,           51           

development, expansion, and use of the resources and commerce of   52           

the state, as provided in section 122.04 of the Revised Code;      53           

      (3)  Assist and cooperate with federal, state, and local     55           

governments and agencies of federal, state, and local governments  57           

in the coordination of programs to carry out the functions and                  

duties of the department;                                          58           

      (4)  Encourage and foster research and development           60           

activities, conduct studies related to the solution of community   61           

problems, and develop recommendations for administrative or        62           

legislative actions as provided in section 122.03 of the Revised   63           

Code;                                                              64           

      (5)  Serve as the economic and community development         66           

planning agency, which shall prepare and recommend plans and       67           

programs for the orderly growth and development of this state and  68           

which shall provide planning assistance, as provided in section    69           

122.06 of the Revised Code;                                        70           

      (6)  Cooperate with and provide technical assistance to      72           

state departments, political subdivisions, regional and local      73           

planning commissions, tourist associations, councils of            74           

government, community development groups, community action         75           

agencies and other appropriate organizations for carrying out the  76           

functions and duties of the department or for the solution of      77           

community problems.                                                78           

      (7)  Coordinate the activities of state agencies that have   80           

an impact on carrying out the functions and duties of the          81           

department;                                                        82           

      (8)  Encourage and assist the efforts of and cooperate with  84           

local governments to develop mutual and cooperative solutions to   85           

their common problems that relate to carrying out the purposes of  86           

this section;                                                      87           

      (9)  Study existing structure, operations, financing of      89           

                                                          3      

                                                                 
regional or local government and those state activities that       90           

involve significant relations with regional or local governmental  91           

units, recommend to the governor and to the general assembly such  92           

changes in these provisions and activities as will improve the     93           

operations of regional or local government, and conduct other      94           

studies of legal provisions that affect problems related to        95           

carrying out the purposes of this section;                         96           

      (10)  Appoint, with the approval of the governor, technical  99           

and other advisory councils as it considers appropriate, as        100          

provided in section 122.09 of the Revised Code;                                 

      (11)  Create and operate a division of community             102          

development to develop and administer programs and activities      103          

that are authorized by federal statute or the Revised Code;        104          

      (12)  UNTIL JUNE 30, 1999, DETERMINE, IN REGARD TO THE       106          

FAMILY FARM LOAN PROGRAM CREATED UNDER SECTIONS 901.80 TO 901.82   107          

OF THE REVISED CODE, WHETHER EACH APPLICANT FOR FINANCIAL          108          

ASSISTANCE HAS THE ABILITY TO REPAY THE LOAN AND WHETHER THERE IS  109          

ADEQUATE SECURITY FOR THE LOAN.  THE DIRECTOR OF DEVELOPMENT                    

SHALL FORWARD THE DETERMINATIONS MADE UNDER DIVISION (A)(12) OF    110          

THIS SECTION, TOGETHER WITH A RECOMMENDATION WHETHER TO APPROVE    111          

THE APPLICATION FOR FINANCIAL ASSISTANCE, TO THE DIRECTOR OF       112          

AGRICULTURE.                                                                    

      (13)  COLLECT LOAN REPAYMENTS FOR THE LOANS AND LOAN         114          

GUARANTEES PROVIDED UNDER SECTION 901.80 OF THE REVISED CODE AS    115          

SUCH SECTION EXISTED PRIOR TO JUNE 30, 1999.                       116          

      (B)  The department shall, by rule, establish criteria       118          

defining nonprofit corporations that are eligible for appointment  119          

as qualified agents pursuant to sections 135.81 to 135.88 of the   120          

Revised Code.  The criteria shall require that a corporation be    121          

organized pursuant to Chapter 1702. of the Revised Code and have   122          

as its primary purpose the promotion of economic development or    123          

the creation or retention of jobs and job opportunities.  The      124          

criteria may include a specification as to the professional        125          

qualifications of the corporation employees, a minimum elapsed     126          

                                                          4      

                                                                 
period of time since the corporation was organized, current and    127          

former activities of the corporation, and such other criteria      128          

reasonably related to the foregoing that relate to the ability of  129          

the corporation to act as a qualified agent for the purposes of    130          

sections 135.51 to 135.88 of the Revised Code.                     131          

      (C)  The director of development may request the attorney    133          

general to, and the attorney general shall in accordance with      134          

section 109.02 of the Revised Code, bring a civil action in any    135          

court of competent jurisdiction.  The director may be sued in the  136          

director's official capacity, in connection with this chapter, in  137          

accordance with Chapter 2743. of the Revised Code.                              

      Sec. 166.03.  (A)  There is hereby created the facilities    146          

establishment fund within the state treasury, consisting of        147          

proceeds from the issuance of obligations as specified under       148          

section 166.08 of the Revised Code; the moneys received by the     149          

state from the sources specified in section 166.09 of the Revised  150          

Code; service charges imposed under sections 166.06 and 166.07 of  151          

the Revised Code; any grants, gifts, or contributions of moneys    152          

received by the director of development to be used for loans made  153          

under section 166.07 of the Revised Code or for the payment of     154          

the allowable costs of project facilities; and all other moneys    155          

appropriated or transferred to the fund.  Moneys in the loan       156          

guarantee fund in excess of four per cent of the unpaid principal  157          

amount of loan repayments guaranteed under section 166.06 of the   158          

Revised Code, but subject to the provisions and requirements of    159          

any guarantee contracts, may be transferred to the facilities      160          

establishment fund by the treasurer of state upon the order of     161          

the director of development.  Moneys received by the state under   162          

Chapter 122. of the Revised Code, to the extent allocable to the   163          

utilization of moneys derived from proceeds of the sale of         164          

obligations pursuant to section 166.08 of the Revised Code, shall  165          

be credited to the facilities establishment fund.                  166          

      (B)  All moneys appropriated or transferred to the           168          

facilities establishment fund may be released at the request of    169          

                                                          5      

                                                                 
the director for payment of allowable costs or the making of       170          

loans under this chapter, for transfer to the loan guarantee fund  171          

established in section 166.06 of the Revised Code, or for use for  172          

the purpose of or transfer to the funds established by sections    174          

122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, and                    

122.80, and until January 1, 1999, section 122.26, AND UNTIL JUNE  176          

30, 1999, SECTION 901.82 of the Revised Code, but only for such    177          

of those purposes as are within the authorization of Section 13    178          

of Article VIII, Ohio Constitution, in all cases subject to the    179          

approval of the controlling board.                                 180          

      (C)  Moneys transferred to the facilities establishment      182          

fund under section 3734.82 of the Revised Code shall be used       183          

exclusively for eligible projects that recover or recycle energy   184          

from scrap tires, as "scrap tires" is defined in section 3734.01   185          

of the Revised Code, for any of the following purposes:            186          

      (1)  Making loans under this chapter;                        188          

      (2)  Making grants;                                          190          

      (3)  Providing other incentives, including, without          192          

limitation, entering into contracts with private entities to       193          

conduct environmental studies or tests for eligible projects that  194          

propose to recover energy from scrap tires.                        195          

      The director shall adopt rules under division (B)(9) of      197          

section 166.02 of the Revised Code for the purpose of              198          

administering this division.                                       199          

      (D)  The department of development, in the administration    201          

of the facilities establishment fund, is encouraged to utilize     202          

and promote the utilization of, to the maximum practicable         203          

extent, the other existing programs, business incentives, and tax  204          

incentives that department is required or authorized to            205          

administer or supervise.                                           206          

      Sec. 901.63.  (A)  The agricultural financing commission     215          

SHALL DO BOTH OF THE FOLLOWING UNTIL JUNE 30, 1999:                216          

      (1)  MAKE RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE     218          

ABOUT FINANCIAL ASSISTANCE APPLICATIONS MADE PURSUANT TO SECTIONS  219          

                                                          6      

                                                                 
901.80 TO 901.82 OF THE REVISED CODE.  THE COMMISSION MAY REVISE   220          

ITS RECOMMENDATIONS TO REFLECT ANY CHANGES IN THE PROPOSED         221          

ASSISTANCE MADE BY THE DIRECTOR.                                                

      (2)  ADVISE THE DIRECTOR IN THE ADMINISTRATION OF SECTIONS   223          

901.80 TO 901.82 OF THE REVISED CODE.                              224          

      (B)  THE COMMISSION may:                                     226          

      (A)(1)  Adopt bylaws for the conduct of its business;        228          

      (B)(2)  Exercise all rights, powers, and duties conferred    230          

on the commission as an issuer under Chapter 902. of the Revised   231          

Code;                                                              232          

      (C)(3)  Contract with, retain, or designate financial        234          

consultants, accountants, and such other consultants and           235          

independent contractors as the commission may determine to be      236          

necessary or appropriate to carry out the purposes of this         237          

chapter and to fix the terms thereof OF THOSE CONTRACTS;           238          

      (D)(4)  Undertake and carry out or authorize the completion  240          

of studies and analyses of agricultural conditions and needs       241          

within the state relevant to the purpose of this chapter to the    242          

extent not otherwise undertaken by other departments or agencies   243          

of the state satisfactory for such purpose;                        244          

      (E)(5)  Acquire by gift, purchase, foreclosure, or other     246          

means, and hold, assign, pledge, lease, transfer, or otherwise     247          

dispose of real and personal property, or any interest therein IN  248          

THAT REAL AND PERSONAL PROPERTY, in the exercise of its powers     250          

and the performance of its duties under this chapter and Chapter   251          

902. of the Revised Code;                                                       

      (F)(6)  Receive and accept gifts, grants, loans, or any      253          

other financial or other form of aid from any federal, state,      254          

local, or private agency or fund and enter into any contract with  255          

any such agency or fund in connection therewith, and receive and   256          

accept aid or contributions from any other source of money,        257          

property, labor or things of value, to be held, used, and applied  258          

only for the purposes for which such grants and contributions are  259          

made, all within the purposes of this chapter and Chapter 902. of  260          

                                                          7      

                                                                 
the Revised Code;                                                  261          

      (G)(7)  Sue and be sued in its own name with respect to its  263          

contracts or to enforce this chapter or its obligations or         264          

covenants made under this chapter and Chapter 902. of the Revised  265          

Code;                                                              266          

      (H)(8)  Make and enter into all contracts, commitments, and  268          

agreements, and execute all instruments necessary or incidental    269          

to the performance of its duties and the execution of its powers   270          

under this chapter and Chapter 902. of the Revised Code;           271          

      (I)(9)  Adopt an official seal;                              273          

      (J)(10)  Do any and all things necessary or appropriate to   275          

carry out the public purposes and exercise the powers granted to   276          

the commission in this chapter and Chapter 902. of the Revised     277          

Code and the public purposes of Section 13 of Article VIII, Ohio   278          

Constitution.                                                      279          

      Sec. 901.80.  TO PROMOTE ECONOMIC OPPORTUNITY FOR PERSONS    282          

WHO DESIRE TO ENGAGE IN AGRICULTURAL PRODUCTION, TO ENHANCE THE    283          

ECONOMIC VIABILITY OF THE STATE'S AGRICULTURAL AREAS, TO HELP      284          

PROVIDE THE STATE'S AGRIBUSINESSES WITH THE FARM PRODUCTS          285          

NECESSARY FOR THEIR OPERATIONS, AND TO IMPROVE THE ECONOMIC        286          

WELFARE OF THE PEOPLE OF THE STATE, THE DIRECTOR OF AGRICULTURAL   287          

SHALL ADMINISTER THE FAMILY FARM LOAN PROGRAM, WHICH IS HEREBY     288          

ESTABLISHED IN ACCORDANCE WITH SECTION 13 OF ARTICLE VIII, OHIO    290          

CONSTITUTION, TO ASSIST ELIGIBLE APPLICANTS BY PROVIDING           291          

FINANCIAL ASSISTANCE IN THE FORM OF LOANS AND LOAN GUARANTEES FOR  293          

LAND ACQUISITION; CONSTRUCTING, RECONSTRUCTING, REHABILITATING,    294          

REMODELING, RENOVATING, ENLARGING, OR IMPROVING AGRICULTURAL       295          

BUILDINGS; AND ACQUIRING MACHINERY AND EQUIPMENT.                               

      AN ELIGIBLE APPLICANT RECEIVING ASSISTANCE UNDER THE FAMILY  298          

FARM LOAN PROGRAM IS NOT PRECLUDED FROM FURTHER PARTICIPATION IN   299          

THIS OR ANY OTHER DEPARTMENT OF AGRICULTURE FINANCIAL PROGRAM.     300          

      Sec. 901.81.  (A)  IN ADMINISTERING THE PROGRAM ESTABLISHED  303          

UNDER SECTION 901.80 OF THE REVISED CODE, THE DIRECTOR OF          305          

AGRICULTURE SHALL DO ALL OF THE FOLLOWING:                                      

                                                          8      

                                                                 
      (1)  RECEIVE APPLICATIONS FOR FINANCIAL ASSISTANCE, AND,     307          

AFTER PROCESSING, FORWARD THEM TO THE AGRICULTURAL FINANCING       308          

COMMISSION TOGETHER WITH NECESSARY SUPPORTING INFORMATION;         310          

      (2)  RECEIVE THE RECOMMENDATIONS OF THE COMMISSION MADE      312          

UNDER DIVISION (A)(1) OF SECTION 901.63 OF THE REVISED CODE AND    315          

THE RECOMMENDATIONS OF THE DIRECTOR OF DEVELOPMENT MADE UNDER      316          

DIVISION (A)(12)(a) OF SECTION 122.011 OF THE REVISED CODE AND     318          

MAKE A FINAL DETERMINATION WHETHER TO APPROVE THE APPLICATION FOR  319          

FINANCIAL ASSISTANCE;                                                           

      (3)  TRANSMIT THE DIRECTOR'S DETERMINATIONS TO APPROVE       321          

ASSISTANCE TO THE CONTROLLING BOARD TOGETHER WITH ANY INFORMATION  323          

THE CONTROLLING BOARD REQUIRES FOR ITS REVIEW AND ITS DECISION     324          

WHETHER TO APPROVE THE RELEASE OF MONEY FOR THE FINANCIAL                       

ASSISTANCE, INCLUDING THE DETERMINATION MADE BY THE DEPARTMENT OF  326          

DEVELOPMENT UNDER DIVISION (A)(12)(a) OF SECTION 122.011 OF THE    328          

REVISED CODE;                                                      329          

      (4)  WORK IN CONJUNCTION WITH CONVENTIONAL LENDING           331          

INSTITUTIONS AND OTHER PRIVATE AND PUBLIC FINANCING SOURCES TO     332          

PROVIDE LOANS OR LOAN GUARANTEES TO ELIGIBLE APPLICANTS;           333          

      (5)  ESTABLISH FEES, CHARGES, INTEREST RATES, PAYMENT        335          

SCHEDULES, LOAN TRANSFER PROVISIONS, PENALTIES, INCLUDING          336          

PENALTIES FOR THE CONVERSION OF LAND DEVOTED EXCLUSIVELY TO        337          

AGRICULTURAL USE, AND OTHER TERMS AND CONDITIONS FOR LOANS AND     338          

LOAN GUARANTEES PROVIDED UNDER THE LOAN PROGRAM CREATED BY         339          

SECTION 901.80 OF THE REVISED CODE;                                341          

      (6)  REQUIRE EACH APPLICANT TO DO BOTH OF THE FOLLOWING:     344          

      (a)  DEMONSTRATE THAT THERE ARE NO ZONING RESTRICTIONS,      347          

ENVIRONMENTAL REGULATIONS, OR OTHER IMPAIRMENTS TO THE USE OF THE  348          

LAND FOR THE PURPOSE INTENDED;                                     349          

      (b)  PROVIDE A FARM BUSINESS PLAN, INCLUDING AN OVERVIEW OF  352          

THE TYPE OF AGRICULTURAL OPERATION THE APPLICANT ANTICIPATES       353          

CONDUCTING, AND A MANAGEMENT STRATEGY FOR THE PROJECT.             354          

      (7)  INFORM AGRICULTURAL ORGANIZATIONS AND OTHERS IN THE     356          

STATE OF THE EXISTENCE OF THE PROGRAM ESTABLISHED UNDER SECTION    357          

                                                          9      

                                                                 
901.80 OF THE REVISED CODE AND OF THE FINANCIAL ASSISTANCE         358          

AVAILABLE UNDER THE PROGRAM;                                                    

      (8)  REPORT TO THE GOVERNOR, PRESIDENT OF THE SENATE,        360          

SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND MINORITY LEADERS OF   361          

THE SENATE AND THE HOUSE OF REPRESENTATIVES BY THE THIRTIETH DAY   362          

OF JUNE OF EACH YEAR ON THE ACTIVITIES CARRIED OUT UNDER THE       363          

PROGRAM DURING THE PRECEDING CALENDAR YEAR.  THE REPORT SHALL      364          

INCLUDE THE NUMBER OF LOANS MADE THAT YEAR, THE AMOUNT OF EACH     365          

LOAN, THE COUNTY IN WHICH THE LOAN RECIPIENT'S FARM IS LOCATED,    366          

AND WHATEVER OTHER INFORMATION THE DIRECTOR DETERMINES IS          367          

RELEVANT TO INCLUDE.                                               368          

      (9)  ADOPT RULES IN ACCORDANCE WITH CHAPTER 119. OF THE      372          

REVISED CODE ESTABLISHING ALL OF THE FOLLOWING WITH REGARD TO THE  373          

PROGRAM:                                                                        

      (a)  FORMS AND PROCEDURES BY WHICH ELIGIBLE APPLICANTS MAY   376          

APPLY FOR ASSISTANCE;                                                           

      (b)  CRITERIA FOR REVIEWING, EVALUATING, AND RANKING         379          

APPLICATIONS, AND FOR APPROVING APPLICATIONS THAT BEST SERVE THE   380          

GOALS OF THE PROGRAM;                                                           

      (c)  REPORTING REQUIREMENTS AND MONITORING PROCEDURES;       383          

      (d)  ANY OTHER RULES NECESSARY TO IMPLEMENT AND ADMINISTER   386          

THE PROGRAM.                                                                    

      (B)  IN ORDER TO BE ELIGIBLE FOR FINANCIAL ASSISTANCE UNDER  389          

SECTION 901.80 OF THE REVISED CODE, AN APPLICANT SHALL             391          

DEMONSTRATE ALL OF THE FOLLOWING:                                               

      (1)  THAT THE APPLICANT IS DOMICILED IN THIS STATE;          393          

      (2)  THAT THE APPLICANT IS UNABLE TO OBTAIN REASONABLE       395          

FINANCING FROM COMMERCIAL OR AGRICULTURAL LENDING SOURCES;         397          

      (3)  THAT THE APPLICANT HAS THE ABILITY TO REPAY THE LOAN,   399          

PRIMARILY FROM THE CASH FLOW OF THE PROPOSED FARMING OPERATION,    400          

AND THAT THERE IS ADEQUATE SECURITY FOR THE LOAN;                  401          

      (4)  THAT THE APPLICANT HAS SUFFICIENT EDUCATION, TRAINING,  403          

OR EXPERIENCE IN THE TYPE OF FARMING FOR WHICH THE APPLICANT       404          

REQUESTS THE LOAN OR LOAN GUARANTEE.                               405          

                                                          10     

                                                                 
      Sec. 901.82.  THE FAMILY FARM LOAN FUND IS HEREBY CREATED    407          

IN THE STATE TREASURY FOR THE PURPOSES OF THE PROGRAM ESTABLISHED  409          

UNDER SECTION 901.80 OF THE REVISED CODE.  THE DIRECTOR OF         411          

AGRICULTURE SHALL DEPOSIT MONEY RECEIVED FOR THOSE PURPOSES TO     412          

THE CREDIT OF THE FUND.  THE AMOUNT OF THE FUND SHALL NOT EXCEED   413          

FIVE MILLION DOLLARS.                                                           

      Section 2.  That existing sections 122.011, 166.03, and      415          

901.63 of the Revised Code are hereby repealed.                    416          

      Section 3.  Sections 901.80, 901.81, and 901.82 of the       418          

Revised Code are hereby repealed, effective June 30, 1999.         419          

      Section 4.  That Sections 47 and 47.15 of Am. Sub. H.B. 215  421          

of the 122nd General Assembly be amended to read as follows:       422          

      "Sec. 47.  DEV  DEPARTMENT OF DEVELOPMENT                    429          

General Revenue Fund                                               431          

GRF 195-100 Personal Services     $    2,595,000 $    2,595,000    436          

GRF 195-200 Maintenance           $      625,000 $      625,000    440          

GRF 195-300 Equipment             $      115,000 $      115,000    444          

GRF 195-401 Thomas Edison Program $   23,250,000 $   23,696,875    448          

GRF 195-404 Small Business                                         450          

            Development           $    2,360,000 $    2,360,000    452          

GRF 195-405 Minority Business                                      454          

            Development Division  $    2,058,000 $    2,058,000    456          

GRF 195-406 Transitional and                                       458          

            Permanent Housing     $    2,859,900 $    2,864,847    460          

GRF 195-407 Travel and Tourism    $    6,450,000 $    6,450,000    464          

GRF 195-408 Coal Research                                          466          

            Development           $      570,000 $      582,699    468          

GRF 195-410 Defense Conversion                                     470          

            Assistance Program    $    1,100,000 $    2,350,000    472          

GRF 195-411 Minority Development                                   474          

            Financing Advisory                                                  

            Board                 $      347,760 $      356,454    476          

GRF 195-412 Business Development  $   11,000,000 $   11,500,000    480          

GRF 195-414 First Frontier Match  $      500,000 $      500,000    484          

                                                          11     

                                                                 
GRF 195-415 Regional Offices and                                   486          

            Economic Development  $    6,663,160 $    6,718,894    488          

GRF 195-416 Governor's Office of                                   490          

            Appalachia            $      654,000 $      654,000    492          

GRF 195-417 Urban/Rural                                            494          

            Initiative Grant                                                    

            Program               $   10,000,000 $    4,000,000    496          

GRF 195-422 Technology Action     $    1,000,000 $    2,000,000    500          

GRF 195-423 Miami Valley Center                                    502          

            for Information                                        503          

            Technologies          $      350,000 $      650,000    505          

GRF 195-431 Community Development                                  507          

            Corporation Grants    $    2,500,000 $    2,600,000    509          

GRF 195-432 International Trade   $    5,300,000 $    5,400,000    513          

GRF 195-434 Industrial Training   $    9,937,923 $    9,600,469    517          

GRF 195-436 Labor/Management                                       519          

            Cooperation           $    1,200,000 $    1,200,000    521          

GRF 195-440 Emergency Shelter                                      523          

            Housing Grants        $    3,014,800 $    3,017,674    525          

GRF 195-441 Low and Moderate                                       527          

            Income Housing        $    8,000,000 $    8,000,000    529          

GRF 195-497 State Match -                                          531          

            Community Development                                               

            Block Grant           $    1,160,000 $    1,160,000    533          

GRF 195-498 State Energy Match    $      100,000 $      150,000    537          

GRF 195-501 Appalachian Local                                      539          

            Development Districts $      443,500 $      443,500    541          

GRF 195-502 Appalachian Regional                                   543          

            Commission            $      160,000 $      160,000    545          

GRF 195-507 Travel & Tourism                                       547          

            Grants                $    1,550,000 $    1,300,000    549          

TOTAL GRF General Revenue Fund    $  105,864,043 $  103,108,412    552          

General Services Fund Group                                        555          

135 195-605 Supportive Services   $    6,749,805 $    6,918,701    560          

                                                          12     

                                                                 
442 195-606 Merchandise for                                        562          

            Resale                $        3,000 $        3,000    564          

685 195-636 General Reimbursement $    1,061,025 $    1,078,948    568          

TOTAL GSF General Services Fund                                    569          

   Group                          $    7,813,830 $    8,000,649    572          

Federal Special Revenue Fund Group                                 575          

308 195-602 Appalachian Regional                                   578          

            Commission            $      650,000 $      650,000    580          

308 195-603 Housing and Urban                                      582          

            Development           $   31,837,225 $   32,631,507    584          

308 195-605 Federal Projects      $    7,871,000 $    7,871,000    588          

308 195-609 Federal Projects                                       590          

            Small Business        $    7,500,000 $    7,500,000    592          

3K9 195-611 Home Energy                                            594          

            Assistance Block                                                    

            Grant                 $   59,417,200 $   59,492,628    596          

3L0 195-612 Community Services                                     598          

            Block Grant           $   16,715,539 $   17,133,177    600          

3K8 195-613 Community Development                                  602          

            Block Grant           $   65,000,000 $   65,000,000    604          

3K9 195-614 HEAP Weatherization   $   10,413,818 $   10,420,948    608          

308 195-616 Technology Programs   $      500,000 $      500,000    612          

308 195-618 Energy Federal Grants $    1,753,019 $    1,796,126    616          

308 195-642 International Trade                                    618          

            Promotion             $      200,000 $            0    620          

335 195-610 Oil Overcharge        $    8,500,000 $    8,500,000    624          

380 195-622 Housing Development   $    2,584,607 $    2,634,097    628          

TOTAL FED Federal Special Revenue                                  629          

   Fund Group                     $  212,942,408 $  214,129,483    632          

State Special Revenue Fund Group                                   634          

4F2 195-639 State Special                                          637          

            Projects              $    1,821,569 $    1,510,913    639          

4G9 195-633 Travel and Tourism                                     641          

            Marketing             $      100,000 $      100,000    643          

                                                          13     

                                                                 
4H4 195-641 First Frontier        $    1,000,000 $    1,000,000    647          

4S0 195-630 Enterprise Zone                                        649          

            Operating             $      275,000 $      282,000    651          

4S1 195-634 Job Creation Tax                                       653          

            Credit Operating      $      225,000 $      235,000    655          

4W1 195-646 Minority Business                                      657          

            Enterprise Loan       $    3,800,000 $    3,800,000    659          

444 195-607 Water and Sewer       $    2,300,000 $    2,300,000    663          

445 195-617 Housing Finance                                        665          

            Agency                $    2,950,000 $    3,022,551    667          

450 195-624 Minority Business                                      669          

            Bonding Program                                                     

            Administration        $      132,381 $      135,690    671          

451 195-625 Economic Development                                   673          

            Financing Operating   $    1,998,433 $    2,036,868    675          

611 195-631 Water and Sewer                                        677          

            Administration        $       44,000 $       45,000    679          

646 195-638 Low and Moderate                                       681          

            Income Housing Trust                                                

            Fund                  $   18,500,000 $   20,500,000    683          

TOTAL SSR State Special Revenue                                    684          

   Fund Group                     $   33,146,383 $   34,968,022    687          

Facilities Establishment Fund                                      690          

037 195-615 Facilities                                             693          

            Establishment         $   62,500,000 $   52,500,000    695          

4Z6 195-647 Rural Industrial Park                                  697          

            Loan                  $    5,000,000 $    5,000,000    699          

                                       2,500,000      2,500,000    701          

5D1 195-649 Port Authority Bond                                    703          

            Reserves              $    2,500,000 $    2,500,000    705          

5D2 195-650 Urban Redevelopment                                    707          

            Loans                 $   10,000,000 $   20,000,000    709          

5H1 195-652 FAMILY FARM LOAN      $    2,500,000 $    2,500,000    714          

TOTAL 037 Facilities                                               716          

                                                          14     

                                                                 
   Establishment Fund             $   80,000,000 $   80,000,000    719          

Coal Research/Development Fund                                     722          

046 195-632 Coal Research and                                      725          

            Development Fund      $   12,000,000 $   12,000,000    727          

TOTAL 046 Coal Research/                                           728          

   Development Fund               $   12,000,000 $   12,000,000    731          

TOTAL ALL BUDGET FUND GROUPS      $  451,766,664 $  452,206,566    734          

      Sec. 47.15.  Facilities Establishment Fund                   737          

      The foregoing appropriation item 195-615, Facilities         739          

Establishment Fund (Fund 037), shall be used for the purposes of   740          

the Facilities Establishment Fund under Chapter 166. of the        742          

Revised Code.                                                      743          

      Notwithstanding Chapter 166. of the Revised Code, up to      745          

$1,600,000 may be transferred each fiscal year from the            747          

Facilities Establishment Fund (Fund 037) to the Economic           748          

Development Financing Operating Fund (Fund 451).  The transfer is  749          

subject to Controlling Board approval pursuant to division (B) of  751          

section 166.03 of the Revised Code.  The transfer shall be made    752          

using an intrastate transfer voucher.                              753          

      Notwithstanding Chapter 166. of the Revised Code, up to      755          

$3,800,000 may be transferred in each fiscal year of the biennium  756          

from the Facilities Establishment Fund (Fund 037) to the Minority  757          

Business Enterprise Loan (Fund 4W1).  The transfer is subject to   759          

Controlling Board approval pursuant to division (B) of section     760          

166.03 of the Revised Code.  The transfer shall be made using an   761          

intrastate transfer voucher.                                                    

      Notwithstanding Chapter 166. of the Revised Code, up to      763          

$5,000,000 cash may be transferred during the biennium from the    764          

Facilities Establishment Fund (Fund 037) to the Port Authority     765          

Bond Reserves Fund (Fund 5D1) for use by any port authority in     766          

establishing or supplementing bond reserve funds for any bond                   

issuance permitted under Chapter 4582. of the Revised Code.  The   767          

Director of Development shall develop program guidelines for the   768          

transfer and release of funds, including, but not limited to, a    769          

                                                          15     

                                                                 
provision that no port authority shall receive more than           770          

$2,000,000.  The transfer and release of funds are subject to      771          

Controlling Board approval.  The transfer shall be made using an                

intrastate transfer voucher.  Of the foregoing appropriation item  773          

195-649, Port Authority Bond Reserves, $2,000,000 over the         774          

biennium, subject to Controlling Board approval, shall go to the   775          

Cleveland Port Authority to establish or supplement bond reserves  776          

per the guidelines set forth by the director of development.       777          

      Notwithstanding Chapter 166. of the Revised Code, up to      779          

$30,000,000 cash may be transferred during the biennium from the   780          

Facilities Establishment Fund (Fund 037) to the Urban              781          

Redevelopment Loan Fund (Fund 5D2) for the purpose of removing     782          

barriers to urban core redevelopment.  The Director of                          

Development shall develop program guidelines for the transfer and  783          

release of funds, including, but not limited to, the completion    784          

of all appropriate environmental assessments before state          785          

assistance is committed to a project.  The transfer and release    786          

of funds are subject to Controlling Board approval.  The transfer  787          

shall be made using an intrastate transfer voucher.                             

      FAMILY FARM LOAN PROGRAM                                     790          

      NOTWITHSTANDING CHAPTER 166. OF THE REVISED CODE, UP TO      792          

$2.5 MILLION IN EACH FISCAL YEAR SHALL BE TRANSFERRED FROM THE     793          

RURAL INDUSTRIAL PARK LOAN FUND (FUND 4Z6) TO THE FAMILY FARM      795          

LOAN FUND (FUND 5H1) IN THE DEPARTMENT OF DEVELOPMENT.  THE        796          

TRANSFER IS SUBJECT TO CONTROLLING BOARD APPROVAL.  THE TRANSFER   798          

SHALL BE MADE USING AN INTRASTATE TRANSFER VOUCHER.                             

      LOANS FROM THE FAMILY FARM LOAN FUND WILL BE REPAID TO FUND  801          

5H1.  THIS FUND IS ESTABLISHED IN ACCORDANCE WITH SECTIONS         802          

901.80, 901.81, AND 901.82 OF THE REVISED CODE.                                 

      AT THE RECOMMENDATION OF THE DIRECTOR OF DEVELOPMENT, THE    805          

DIRECTOR OF BUDGET AND MANAGEMENT SHALL TRANSFER UP TO $5          806          

MILLION, PLUS INTEREST CHARGES AND OTHER FEES IF DEEMED                         

APPROPRIATE, FROM FUND 5H1, FAMILY FARM LOAN FUND, TO THE          808          

FACILITIES ESTABLISHMENT FUND (FUND 037).                          809          

                                                          16     

                                                                 
      WHEN THE FAMILY FARM LOAN FUND (FUND 5H1) CEASES TO EXIST,   812          

ALL LOAN REPAYMENTS AND ANY OTHER OUTSTANDING OBLIGATIONS SHALL    813          

BE PAID TO THE FACILITIES ESTABLISHMENT FUND (FUND 037)."          814          

      Section 5.  That existing Sections 47 and 47.15 of Am. Sub.  816          

H.B. 215 of the 122nd General Assembly are hereby repealed.        817          

      Section 6.  The codified and uncodified sections of law      819          

contained in this act are not subject to the referendum.           820          

Therefore, under Ohio Constitution, Article II, Section 1d, and    821          

section 1.471 of the Revised Code, these codified and uncodified   822          

sections go into immediate effect when this act becomes law.       823