As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 262  5            

      1999-2000                                                    6            


   REPRESENTATIVES ROMAN-D.MILLER-NETZLEY-SULZER-TIBERI-CATES-     8            

       JACOBSON-TAYLOR-PRINGLE-CLANCY-PERZ-SCHULER-YOUNG-          9            

      MOTTLEY-GRENDELL-SCHUCK-O'BRIEN-VESPER-KREBS-PADGETT-        10           

      DePIERO-WILLAMOWSKI-BUEHRER-BOYD-JOLIVETTE-SCHURING-         11           

      ROBERTS-HOOD-SULLIVAN-METELSKY-SMITH-ALLEN-VAN VYVEN-        12           

  HOUSEHOLDER-KRUPINSKI-HOLLISTER-FORD-SALERNO-WOMER BENJAMIN-     13           

    FLANNERY-HARTNETT-DISTEL-PERRY-AUSTRIA-PETERSON-AMSTUTZ-       14           

  HAINES-CAREY-DAMSCHRODER-KILBANE-MAIER-BENDER-PATTON-VERICH-     15           

   BARNES-J. BEATTY-CORBIN-TRAKAS-TERWILLEGER-OLMAN-GERBERRY-      16           

HARRIS-JONES-CALLENDER-BRITTON-GARDNER-R. MILLER-HOOPS- CALVERT-   18           

               SENATORS DRAKE-DiDONATO-McLIN-SPADA                              


_________________________________________________________________   20           

                          A   B I L L                                           

             To amend sections 5705.28, 5727.391, and 5733.39, to  22           

                enact section 5703.55 of the Revised Code, and to  25           

                repeal the version of section 5733.39 of the                    

                Revised Code that results from Am. Sub. S.B. 3 of  26           

                the 123rd General Assembly to prohibit the                      

                Department of Taxation from putting social         28           

                security numbers on the outside of materials                    

                mailed to taxpayers, to make changes to the law    29           

                regarding the adoption of a tax budget by taxing   30           

                units that do not levy taxes, and to allow the                  

                Ohio coal tax credit to be taken for additional    32           

                compliance facilities.                                          




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        34           

      Section 1.  That sections 5705.28, 5727.391, and 5733.39 be  36           

amended and section 5703.55 of the Revised Code be enacted to      38           

read as follows:                                                                

                                                          2      


                                                                 
      Sec. 5703.55.  THE DEPARTMENT OF TAXATION SHALL NOT PUT A    40           

TAXPAYER'S SOCIAL SECURITY NUMBER ON THE OUTSIDE OF ANY MATERIAL   41           

MAILED TO THE TAXPAYER.                                                         

      Sec. 5705.28.  (A)  Except as provided in division (B)(1)    50           

OR (2) of this section or in section 5705.281 of the Revised       52           

Code, the taxing authority of each subdivision or other taxing     53           

unit shall adopt a tax budget for the next succeeding fiscal       54           

year:                                                                           

      (1)  On or before the fifteenth day of January in the case   56           

of a school district;                                              57           

      (2)  On or before the fifteenth day of July in the case of   59           

all other subdivisions and taxing units.                           60           

      (B)(1)  Before the first day of June in each year, the       62           

board of trustees of a school library district entitled to         63           

participate in any appropriation or revenue of a school district   64           

or to have a tax proposed by the board of education of a school    66           

district shall file with the board of education of the school      67           

district a tax budget for the ensuing fiscal year.  On or before   68           

the fifteenth day of July in each year, the board of education of  69           

a school district to which a school library district tax budget    70           

was submitted under this division shall adopt such tax budget on   71           

behalf of the library district, but such budget shall not be part  72           

of the school district's tax budget.                               73           

      (2)(a)  THE TAXING AUTHORITY OF A TAXING UNIT THAT DOES NOT  75           

LEVY A TAX IS NOT REQUIRED TO ADOPT A TAX BUDGET PURSUANT TO       77           

DIVISION (A) OF THIS SECTION.  INSTEAD, ON OR BEFORE THE           78           

FIFTEENTH DAY OF JULY EACH YEAR, SUCH TAXING AUTHORITY SHALL       79           

ADOPT AN OPERATING BUDGET FOR THE TAXING UNIT FOR THE ENSUING                   

FISCAL YEAR.  THE OPERATING BUDGET SHALL INCLUDE AN ESTIMATE OF    81           

RECEIPTS FROM ALL SOURCES, A STATEMENT OF ALL TAXING UNIT          82           

EXPENSES THAT ARE ANTICIPATED TO OCCUR, AND THE AMOUNT REQUIRED    83           

FOR DEBT CHARGES DURING THE FISCAL YEAR.  THE OPERATING BUDGET IS  84           

NOT REQUIRED TO BE FILED WITH THE COUNTY AUDITOR OR THE COUNTY     85           

BUDGET COMMISSION.                                                              

                                                          3      


                                                                 
      (b)  EXCEPT FOR THIS SECTION AND SECTIONS 5705.36, 5705.38,  88           

5705.40, 5705.41, 5705.43, 5705.44, AND 5705.45 OF THE REVISED     90           

CODE, A TAXING UNIT THAT DOES NOT LEVY A TAX IS NOT A TAXING UNIT  91           

FOR PURPOSES OF CHAPTER 5705. OF THE REVISED CODE.  DOCUMENTS      92           

PREPARED IN ACCORDANCE WITH SUCH SECTIONS ARE NOT REQUIRED TO BE   94           

FILED WITH THE COUNTY AUDITOR OR COUNTY BUDGET COMMISSION.         95           

      (c)  THE TOTAL APPROPRIATIONS FROM EACH FUND OF A TAXING     97           

UNIT THAT DOES NOT LEVY A TAX SHALL NOT EXCEED THE TOTAL           98           

ESTIMATED REVENUE AVAILABLE FOR EXPENDITURES FROM THE FUND, AND    100          

APPROPRIATIONS SHALL BE MADE FROM EACH FUND ONLY FOR THE PURPOSES  101          

FOR WHICH THE FUND IS ESTABLISHED.                                              

      (C)(1)  To assist in the preparation of the TAX budget, the  103          

head of each department, board, commission, and district           104          

authority entitled to participate in any appropriation or revenue  105          

of a subdivision shall file with the taxing authority, or in the   106          

case of a municipal corporation, with its chief executive          107          

officer, before the forty-fifth day prior to the date on which     108          

the budget must be adopted, an estimate of contemplated revenue    109          

and expenditures for the ensuing fiscal year, in such form as is   110          

prescribed by the taxing authority of the subdivision or by the    111          

auditor of state.  The taxing authority shall include in its       112          

budget of expenditures the full amounts requested by district      113          

authorities, not to exceed the amount authorized by law, if such   114          

authorities may fix the amount of revenue they are to receive      115          

from the subdivision.  In a municipal corporation in which a       116          

special levy for a municipal university has been authorized to be  117          

levied in excess of the ten-mill limitation, or is required by     118          

the charter of the municipal corporation, the taxing authority     119          

shall include an amount not less than the estimated yield of such  120          

levy, if such amount is requested by the board of directors of     121          

the municipal university.                                          122          

      (2)  A county board of mental retardation and developmental  124          

disabilities may include within its estimate of contemplated       125          

revenue and expenditures a reserve balance account in the          126          

                                                          4      


                                                                 
community mental retardation and developmental disabilities        127          

residential services fund.  The account shall contain money that   128          

is not needed to pay for current expenses for residential          129          

services and supported living but will be needed to pay for        130          

expenses for such services in the future or may be needed for      131          

unanticipated emergency expenses.  On the request of the county    132          

board of mental retardation and developmental disabilities, the    133          

board of county commissioners shall include such an account in     134          

its budget of expenditures and appropriate money to the account    135          

from residential service moneys for the county board.              136          

      (D)  The board of trustees of any public library desiring    138          

to participate in the distribution of the county library and       139          

local government support fund shall adopt appropriate rules        140          

extending the benefits of the library service of such library to   141          

all the inhabitants of the county on equal terms, unless such      142          

library service is by law available to all such inhabitants, and   143          

shall certify a copy of such rules to the taxing authority with    144          

its estimate of contemplated revenue and expenditures.  Where      145          

such rules have been so certified or where the adoption of such    146          

rules is not required, the taxing authority shall include in its   147          

budget of receipts such amounts as are specified by such board as  148          

contemplated revenue from the county library and local government  149          

support fund, and in its budget of expenditures the full amounts   150          

requested therefrom by such board.  No library association,        151          

incorporated or unincorporated, is entitled to participate in the  152          

proceeds of the county library and local government support fund   153          

or other public funds unless such association was organized and    154          

operating prior to January 1, 1968.                                155          

      Sec. 5727.391.  (A)  As used in this section:                164          

      (1)  "Compliance facility" has the same meaning as in        166          

section 4905.01 of the Revised Code MEANS PROPERTY THAT IS         168          

DESIGNED, CONSTRUCTED, OR INSTALLED, AND USED, AT A COAL-FIRED     169          

ELECTRIC GENERATING FACILITY FOR THE PRIMARY PURPOSE OF COMPLYING  170          

WITH ACID RAIN CONTROL REQUIREMENTS UNDER TITLE IV OF THE "CLEAN   172          

                                                          5      


                                                                 
AIR ACT AMENDMENTS OF 1990," 104 STAT. 2584, 42 U.S.C.A. 7651,     174          

AND THAT CONTROLS OR LIMITS EMISSIONS OF SULFUR OR NITROGEN                     

COMPOUNDS RESULTING FROM THE COMBUSTION OF COAL THROUGH THE        175          

REMOVAL OR REDUCTION OF THOSE COMPOUNDS BEFORE, DURING, OR AFTER   176          

THE COMBUSTION OF THE COAL, BUT BEFORE THE COMBUSTION PRODUCTS     177          

ARE EMITTED INTO THE ATMOSPHERE.  "Compliance facility" also       178          

includes both ANY of the following:                                179          

      (a)  A FACILITY THAT REMOVES SULFUR COMPOUNDS FROM COAL      181          

BEFORE THE COMBUSTION OF THE COAL AND THAT IS LOCATED OFF THE      182          

PREMISES OF THE ELECTRIC GENERATING FACILITY WHERE THE COAL        183          

PROCESSED BY THE COMPLIANCE FACILITY IS BURNED;                    184          

      (b)  MODIFICATIONS TO THE ELECTRIC GENERATING FACILITY       186          

WHERE THE COMPLIANCE FACILITY IS CONSTRUCTED OR INSTALLED THAT     187          

ARE NECESSARY TO ACCOMMODATE THE CONSTRUCTION OR INSTALLATION,     188          

AND OPERATION, OF THE COMPLIANCE FACILITY;                         189          

      (c)  A BYPRODUCT DISPOSAL FACILITY, AS DEFINED IN SECTION    191          

3734.051 OF THE REVISED CODE, THAT EXCLUSIVELY DISPOSES OF WASTES  193          

PRODUCED BY THE COMPLIANCE FACILITY AND OTHER COAL COMBUSTION                   

BYPRODUCTS PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE      194          

COMPLIANCE FACILITY IS INCORPORATED OR CONNECTED REGARDLESS OF     195          

WHETHER THE BYPRODUCT DISPOSAL FACILITY IS LOCATED ON THE SAME     196          

PREMISES AS THE COMPLIANCE FACILITY OR GENERATING UNIT THAT        197          

PRODUCES THE WASTES DISPOSED OF AT THE FACILITY;                   198          

      (d)  FACILITIES OR EQUIPMENT THAT IS ACQUIRED, CONSTRUCTED,  200          

OR INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC GENERATING        201          

FACILITY EXCLUSIVELY FOR THE PURPOSE OF HANDLING THE BYPRODUCTS    202          

PRODUCED BY THE COMPLIANCE FACILITY OR OTHER COAL COMBUSTION       203          

BYPRODUCTS PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE      204          

COMPLIANCE FACILITY IS INCORPORATED OR CONNECTED;                  205          

      (e)  A flue gas desulfurization system that is connected to  207          

a coal-fired electric generating unit and that either was placed   208          

in service prior to July 10, 1991, or construction of which was    210          

commenced prior to that date;                                      211          

      (b)(f)  Facilities or equipment that is acquired,            213          

                                                          6      


                                                                 
constructed, or installed, and used, at a coal-fired electric      214          

generating unit primarily for the purpose of handling the          215          

byproducts produced by a compliance facility or other coal         216          

combustion byproducts produced by the generating unit in or to     217          

which the compliance facility is incorporated or connected.        218          

      (2)  "Ohio coal" has the same meaning as in section 4913.01  220          

of the Revised Code.                                               221          

      (B)  An electric company shall be allowed a credit against   223          

the tax computed under section 5727.38 of the Revised Code for     224          

using Ohio coal in any of its coal-fired electric generating       225          

units.  The credit shall be claimed in the company's annual        226          

statement required under division (A) of section 5727.31 of the    227          

Revised Code at the rate of three dollars per ton of Ohio coal     229          

burned, during the same twelve-month period used in determining    230          

gross receipts and on or after January 1, 2000, in a coal-fired    232          

electric generating unit under both of the following conditions:   233          

      (1)  The coal-fired electric generating unit is owned by     235          

the company claiming the credit or leased by that company under a  236          

sale and leaseback transaction;                                    237          

      (2)  A compliance facility is attached to, incorporated in,  239          

or used in conjunction with the coal-fired generating unit.        240          

      (C)  If the credit allowed under this section exceeds the    242          

total taxes due for the current year, the tax commissioner shall   243          

credit the excess against the taxes due for succeeding years       244          

until the full amount of the credit is granted.                    245          

      (D)  The director of environmental protection, upon the      247          

request of the tax commissioner, shall certify whether a facility  248          

is a compliance facility.  In the case of a compliance facility    249          

owned by an electric company, the public utilities commission      250          

shall certify to the tax commissioner the cost of the facility as  251          

of the date it was placed in service.  In the case of a            252          

compliance facility owned by a person other than an electric       253          

company, the tax commissioner shall determine the cost of the      254          

facility as of the date it was placed in service; if the owner of  255          

                                                          7      


                                                                 
such a facility fails to furnish the information necessary to      256          

make that determination, no credit shall be allowed.               257          

      Sec. 5733.39.  (A)  As used in this section:                 266          

      (1)  "Compliance facility" means property that is designed,  268          

constructed, or installed, and used, at a coal-fired electric      269          

generating facility for the primary purpose of complying with      270          

Phase I acid rain control requirements under Title IV of the       272          

"Clean Air Act Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A.    273          

7651, and that controls or limits emissions of sulfur or nitrogen  274          

compounds resulting from the combustion of coal through the        275          

removal or reduction of those compounds before, during, or after   276          

the combustion of the coal, but before the combustion products     277          

are emitted into the atmosphere.  "Compliance facility" also       278          

includes any of the following:                                     279          

      (a)  A facility that removes sulfur compounds from coal      281          

before the combustion of the coal and that is located off the      282          

premises of the electric generating facility where the coal        283          

processed by the compliance facility is burned;                    284          

      (b)  Modifications to the electric generating facility       286          

where the compliance facility is constructed or installed that     287          

are necessary to accommodate the construction or installation,     288          

and operation, of the compliance facility;                         289          

      (c)  A byproduct disposal facility, as defined in section    291          

3734.051 of the Revised Code, that exclusively disposes of wastes  292          

produced by the compliance facility and other coal combustion      293          

byproducts produced by the generating unit in or to which the      294          

compliance facility is incorporated or connected regardless of     295          

whether the byproduct disposal facility is located on the same     296          

premises as the compliance facility or generating unit that        297          

produces the wastes disposed of at the facility;                   298          

      (d)  Facilities or equipment that is acquired, constructed,  300          

or installed, and used, at a coal-fired electric generating        301          

facility exclusively for the purpose of handling the byproducts    302          

produced by the compliance facility or other coal combustion       303          

                                                          8      


                                                                 
byproducts produced by the generating unit in or to which the      304          

compliance facility is incorporated or connected;                  305          

      (e)  A flue gas desulfurization system that is connected to  308          

a coal-fired electric generating unit and that either was placed   309          

in service prior to July 10, 1991, or construction of which was    310          

commenced prior to that date;                                                   

      (f)  Facilities or equipment acquired, constructed, or       313          

installed, and used, at a coal-fired electric generating unit                   

primarily for the purpose of handling the byproducts produced by   314          

a compliance facility or other coal combustion byproducts          315          

produced by the generating unit in or to which the compliance      316          

facility is incorporated or connected.                             317          

      (2)  "Ohio coal" has the same meaning as in section 4913.01  320          

of the Revised Code.                                               321          

      (3)  "Sale and leaseback transaction" has the same meaning   323          

as in section 5727.01 of the Revised Code.                         326          

      (B)  An electric company shall be allowed a nonrefundable    329          

credit against the tax imposed by section 5733.06 of the Revised   331          

Code for Ohio coal used in any of its coal-fired electric          334          

generating units after April 30, 2001, but before January 1,       335          

2005.  Section 5733.057 of the Revised Code shall apply when       338          

calculating the credit allowed by this section.  The credit shall  340          

be claimed at the rate of three dollars per ton of Ohio coal       341          

burned in a coal-fired electric generating unit during the         342          

taxable year ending immediately preceding the tax year.  The       343          

credit is allowed only if both of the following conditions are     344          

met during such taxable year:                                      345          

      (1)  The coal-fired electric generating unit is owned and    347          

used by the company claiming the credit or leased and used by      348          

that company under a sale and leaseback transaction.               349          

      (2)  A compliance facility is attached to, incorporated in,  352          

or used in conjunction with the coal-fired generating unit.        353          

      (C)  The credit shall be claimed in the order required       356          

under section 5733.98 of the Revised Code.  The taxpayer may       358          

                                                          9      


                                                                 
carry forward any credit amount in excess of its tax due after     359          

allowing for any other credits that precede the credit allowed     360          

under this section in the order required under section 5733.98 of  361          

the Revised Code.  The excess credit may be carried forward for    363          

three years following the tax year for which it is claimed under   364          

this section.                                                                   

      (D)  The director of environmental protection, upon the      367          

request of the tax commissioner, shall certify whether a facility  368          

is a compliance facility.  In the case of a compliance facility    369          

owned by an electric company, the public utilities commission      370          

shall certify to the tax commissioner the cost of the facility as  371          

of the date it was placed in service.  In the case of a            372          

compliance facility owned by a person other than an electric       373          

company, the tax commissioner shall determine the cost of the      374          

facility as of the date it was placed in service.  If the owner    375          

of such a facility fails to furnish the information necessary to   376          

make that determination, no credit shall be allowed.               377          

      Section 2.  That existing sections 5705.28, 5727.391, and    379          

5733.39 of the Revised Code are hereby repealed.                   380          

      Section 3.  The amendment of section 5727.391 of the         382          

Revised Code by this act does not affect its earlier repeal, with  383          

delayed effective date, by Section 8 of Am. Sub. S.B. 3 of the     385          

123rd General Assembly.                                                         

      Section 4.  The version of section 5733.39 of the Revised    387          

Code that results from Am. Sub. S.B. 3 of the 123rd General        388          

Assembly is hereby repealed.  This repeal does not affect the      389          

version of section 5733.39 of the Revised Code as it results from  390          

Am. H.B. 384 of the 123rd General Assembly and is scheduled to     391          

take effect January 1, 2002.                                       392          

      Section 5.  Section 5733.39 of the Revised Code, as amended  394          

by this act, shall take effect January 1, 2002.                    395