As Reported by the Senate Finance and Financial           1            

                     Institutions Committee                        2            

123rd General Assembly                                             5            

   Regular Session                                   S. B. No. 43  6            

      1999-2000                                                    7            


    SENATORS GARDNER-PRENTISS-ARMBRUSTER-BRADY-LATTA-MUMPER-       9            

                           KEARNS-RAY                              10           


_________________________________________________________________   12           

                          A   B I L L                                           

             To amend sections 317.08, 6121.01, 6121.04, and       14           

                6121.061 and to enact section 1507.071 of the      16           

                Revised Code to create a coastal erosion loan                   

                program to provide financial assistance to         17           

                property owners for the construction of erosion                 

                control structures in coastal erosion areas.       18           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That sections 317.08, 6121.01, 6121.04, and      21           

6121.061 be amended and section 1507.071 of the Revised Code be    22           

enacted to read as follows:                                                     

      Sec. 317.08.  Except as provided in division (F) of this     31           

section, the county recorder shall keep six separate sets of       33           

records as follows:                                                             

      (A)  A record of deeds, in which shall be recorded all       35           

deeds and other instruments of writing for the absolute and        36           

unconditional sale or conveyance of lands, tenements, and          37           

hereditaments; all notices as provided for in sections 5301.47 to  38           

5301.56 of the Revised Code; all judgments or decrees in actions   39           

brought under section 5303.01 of the Revised Code; all             40           

declarations and bylaws as provided for in Chapter 5311. of the    41           

Revised Code; affidavits as provided for in section 5301.252 of    42           

the Revised Code; all certificates as provided for in section      43           

5311.17 of the Revised Code; all articles dedicating               44           

archaeological preserves accepted by the director of the Ohio      45           

                                                          2      


                                                                 
historical society under section 149.52 of the Revised Code; all   46           

articles dedicating nature preserves accepted by the director of   47           

natural resources under section 1517.05 of the Revised Code; all   48           

agreements for the registration of lands as archaeological or      49           

historic landmarks under section 149.51 or 149.55 of the Revised   50           

Code; all conveyances of conservation easements under section      51           

5301.68 of the Revised Code; all instruments or orders described   52           

in division (B)(1)(c)(ii) of section 5301.56 of the Revised Code;  53           

all no further action letters issued under section 3746.11 of the  54           

Revised Code; all covenants not to sue issued under section        55           

3746.12 of the Revised Code; any restrictions on the use of        56           

property identified pursuant to division (C)(3) of section         57           

3746.10 of the Revised Code; and all memoranda of trust, as        58           

described in division (A) of section 5301.255 of the Revised       59           

Code, that describe specific real property; AND ALL AGREEMENTS     60           

ENTERED INTO UNDER DIVISION (A) OF SECTION 1507.071 OF THE         61           

REVISED CODE;                                                                   

      (B)  A record of mortgages, in which shall be recorded all   63           

of the following:                                                  64           

      (1)  All mortgages, including amendments, supplements,       66           

modifications, and extensions of mortgages, or other instruments   67           

of writing by which lands, tenements, or hereditaments are or may  68           

be mortgaged or otherwise conditionally sold, conveyed, affected,  69           

or encumbered;                                                     70           

      (2)  All executory installment contracts for the sale of     72           

land executed after September 29, 1961, that by their terms are    73           

not required to be fully performed by one or more of the parties   74           

to them within one year of the date of the contracts;              75           

      (3)  All options to purchase real estate, including          77           

supplements, modifications, and amendments of the options, but no  78           

option of that nature shall be recorded if it does not state a     79           

specific day and year of expiration of its validity;               80           

      (4)  Any tax certificate sold under section 5721.33 of the   82           

Revised Code, or memorandum thereof, that is presented for filing  83           

                                                          3      


                                                                 
of record.                                                                      

      (C)  A record of powers of attorney, including all           85           

memoranda of trust, as described in division (A) of section        86           

5301.255 of the Revised Code, that do not describe specific real   87           

property;                                                          88           

      (D)  A record of plats, in which shall be recorded all       90           

plats and maps of town lots, of the subdivision of town lots, and  91           

of other divisions or surveys of lands, any center line survey of  92           

a highway located within the county, the plat of which shall be    93           

furnished by the director of transportation or county engineer,    94           

and all drawings as provided for in Chapter 5311. of the Revised   95           

Code;                                                              96           

      (E)  A record of leases, in which shall be recorded all      98           

leases, memoranda of leases, and supplements, modifications, and   99           

amendments of leases and memoranda of leases;                      100          

      (F)  A record of declarations executed pursuant to section   103          

2133.02 of the Revised Code and durable powers of attorney for     105          

health care executed pursuant to section 1337.12 of the Revised    106          

Code.                                                              107          

      All instruments or memoranda of instruments entitled to      109          

record shall be recorded in the proper record in the order in      110          

which they are presented for record.  The recorder may index,      111          

keep, and record in one volume unemployment compensation liens,    112          

internal revenue tax liens and other liens in favor of the United  113          

States as described in division (A) of section 317.09 of the       114          

Revised Code, personal tax liens, mechanic's liens, agricultural   115          

product liens, notices of liens, certificates of satisfaction or   116          

partial release of estate tax liens, discharges of recognizances,  117          

excise and franchise tax liens on corporations, broker's liens,    118          

and liens provided for in sections 1513.33, 1513.37, 3752.13,      120          

5111.021, and 5311.18 of the Revised Code.                         122          

      The recording of an option to purchase real estate,          124          

including any supplement, modification, and amendment of the       125          

option, under this section shall serve as notice to any purchaser  126          

                                                          4      


                                                                 
of an interest in the real estate covered by the option only       127          

during the period of the validity of the option as stated in the   128          

option.                                                            129          

      (G)  In lieu of keeping the six separate sets of records     132          

required in divisions (A) to (F) of this section and the records   134          

required in division (H) of this section, a county recorder may    135          

record all the instruments required to be recorded by this         136          

section in two separate sets of record books.  One set shall be    137          

called the "official records" and shall contain the instruments    138          

listed in divisions (A), (B), (C), (E), (F), and (H) of this       140          

section.  The second set of records shall contain the instruments  141          

listed in division (D) of this section.                            142          

      (H)  Except as provided in division (G) of this section,     145          

the county recorder shall keep a separate set of records                        

containing all corrupt activity lien notices filed with the        146          

recorder pursuant to section 2923.36 of the Revised Code and a     147          

separate set of records containing all medicaid fraud lien         148          

notices filed with the recorder pursuant to section 2933.75 of     149          

the Revised Code.                                                  150          

      Sec. 1507.071.  (A)  A BOARD OF COUNTY COMMISSIONERS MAY     153          

USE A LOAN OBTAINED UNDER DIVISION (C) OF THIS SECTION TO PROVIDE  154          

FINANCIAL ASSISTANCE TO ANY PERSON WHO OWNS REAL PROPERTY IN A     155          

COASTAL EROSION AREA, AS DEFINED IN SECTION 1506.01 OF THE         157          

REVISED CODE, AND WHO HAS RECEIVED A PERMIT UNDER SECTION 1507.04  159          

OF THE REVISED CODE TO CONSTRUCT AN EROSION CONTROL STRUCTURE IN   162          

THAT COASTAL EROSION AREA.  THE BOARD SHALL ENTER INTO AN                       

AGREEMENT WITH THE PERSON THAT COMPLIES WITH ALL OF THE FOLLOWING  164          

REQUIREMENTS:                                                      165          

      (1)  THE AGREEMENT SHALL IDENTIFY THE PERSON'S REAL          167          

PROPERTY FOR WHICH THE EROSION CONTROL STRUCTURE IS BEING          168          

CONSTRUCTED AND SHALL INCLUDE A LEGAL DESCRIPTION OF THAT          169          

PROPERTY AND A REFERENCE TO THE VOLUME AND PAGE OF THE DEED        170          

RECORD IN WHICH THE TITLE OF THAT PERSON TO THAT PROPERTY IS                    

RECORDED.                                                                       

                                                          5      


                                                                 
      (2)  IN ACCORDANCE WITH RULES ADOPTED BY THE OHIO WATER      173          

DEVELOPMENT AUTHORITY UNDER DIVISION (V) OF SECTION 6121.04 OF     175          

THE REVISED CODE FOR THE PURPOSES OF DIVISION (C) OF THIS SECTION  178          

AND PURSUANT TO AN AGREEMENT BETWEEN THE BOARD AND THE AUTHORITY   179          

UNDER THAT DIVISION, THE BOARD SHALL AGREE TO CAUSE PAYMENTS TO    180          

BE MADE BY THE AUTHORITY TO THE CONTRACTOR HIRED BY THE PERSON TO  182          

CONSTRUCT AN EROSION CONTROL STRUCTURE IN AMOUNTS NOT TO EXCEED    183          

THE TOTAL AMOUNT SPECIFIED IN THE AGREEMENT BETWEEN THE BOARD AND  184          

THE PERSON.                                                                     

      (3)  THE PERSON SHALL AGREE TO PAY TO THE BOARD, OR TO THE   186          

AUTHORITY AS THE ASSIGNEE PURSUANT TO DIVISION (C) OF THIS         187          

SECTION, THE TOTAL AMOUNT OF THE PAYMENTS PLUS ADMINISTRATIVE OR   188          

OTHER COSTS OF THE BOARD OR THE AUTHORITY AT TIMES, IN             189          

INSTALLMENTS, AND BEARING INTEREST AS SPECIFIED IN THE AGREEMENT.  190          

      THE AGREEMENT MAY CONTAIN ADDITIONAL PROVISIONS THAT THE     192          

BOARD DETERMINES NECESSARY TO SAFEGUARD THE INTERESTS OF THE       193          

COUNTY OR TO COMPLY WITH AN AGREEMENT ENTERED INTO UNDER DIVISION  194          

(C) OF THIS SECTION.                                                            

      (B)  UPON ENTERING INTO AN AGREEMENT UNDER DIVISION (A) OF   197          

THIS SECTION, THE BOARD SHALL DO ALL OF THE FOLLOWING:             198          

      (1)  CAUSE THE AGREEMENT TO BE RECORDED IN THE COUNTY DEED   200          

RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY IN      201          

WHICH THE REAL PROPERTY IS SITUATED.  FAILURE TO RECORD THE        202          

AGREEMENT DOES NOT AFFECT THE VALIDITY OF THE AGREEMENT OR THE     203          

COLLECTION OF ANY AMOUNTS DUE UNDER THE AGREEMENT.                 204          

      (2)  ESTABLISH BY RESOLUTION AN EROSION CONTROL REPAYMENT    207          

FUND INTO WHICH SHALL BE DEPOSITED ALL AMOUNTS COLLECTED UNDER     208          

DIVISION (B)(3) OF THIS SECTION.  MONEYS IN THAT FUND SHALL BE     209          

USED BY THE BOARD FOR THE REPAYMENT OF THE LOAN AND FOR            210          

ADMINISTRATIVE OR OTHER COSTS OF THE BOARD OR THE AUTHORITY AS     211          

SPECIFIED IN AN AGREEMENT ENTERED INTO UNDER DIVISION (C) OF THIS  213          

SECTION.  IF THE AMOUNT OF MONEY IN THE FUND IS INADEQUATE TO                   

REPAY THE LOAN WHEN DUE, THE BOARD OF COUNTY COMMISSIONERS, BY     214          

RESOLUTION, MAY ADVANCE MONEY FROM ANY OTHER FUND IN ORDER TO      215          

                                                          6      


                                                                 
REPAY THE LOAN IF THAT USE OF THE MONEY FROM THE OTHER FUND IS     216          

NOT IN CONFLICT WITH LAW.  IF THE BOARD SO ADVANCES MONEY IN       217          

ORDER TO REPAY THE LOAN, THE BOARD SUBSEQUENTLY SHALL REIMBURSE    218          

EACH FUND FROM WHICH THE BOARD ADVANCES MONEY WITH MONEYS FROM     219          

THE EROSION CONTROL REPAYMENT FUND.                                             

      (3) BILL AND COLLECT ALL AMOUNTS WHEN DUE UNDER THE          222          

AGREEMENT ENTERED INTO UNDER DIVISION (A) OF THIS SECTION.   THE   223          

BOARD SHALL CERTIFY AMOUNTS NOT PAID WHEN DUE TO THE COUNTY        224          

AUDITOR, WHO SHALL ENTER THE AMOUNTS ON THE REAL PROPERTY TAX      225          

LIST AND DUPLICATE AGAINST THE PROPERTY IDENTIFIED UNDER DIVISION  226          

(A)(1) OF THIS SECTION.  THE AMOUNTS NOT PAID WHEN DUE SHALL BE A  227          

LIEN ON THAT PROPERTY FROM THE DATE ON WHICH THE AMOUNTS ARE       228          

PLACED ON THE TAX LIST AND DUPLICATE AND SHALL BE COLLECTED IN                  

THE SAME MANNER AS OTHER TAXES.                                    229          

      (C)  A BOARD MAY APPLY TO THE AUTHORITY FOR A LOAN FOR THE   231          

PURPOSE OF ENTERING INTO AGREEMENTS UNDER DIVISION (A) OF THIS     232          

SECTION.  THE LOAN SHALL BE FOR AN AMOUNT AND ON THE TERMS         233          

ESTABLISHED IN AN AGREEMENT BETWEEN THE BOARD AND THE AUTHORITY.   234          

THE BOARD MAY ASSIGN ANY AGREEMENTS ENTERED INTO UNDER DIVISION    235          

(A) OF THIS SECTION TO THE AUTHORITY IN ORDER TO PROVIDE FOR THE   236          

REPAYMENT OF THE LOAN AND MAY PLEDGE ANY LAWFULLY AVAILABLE        237          

REVENUES TO THE REPAYMENT OF THE LOAN, PROVIDED THAT NO MONEYS     238          

RAISED BY TAXATION SHALL BE OBLIGATED OR PLEDGED BY THE BOARD FOR  239          

THE REPAYMENT OF THE LOAN.  ANY AGREEMENT WITH THE AUTHORITY                    

PURSUANT TO THIS DIVISION IS NOT SUBJECT TO CHAPTER 133. OF THE    240          

REVISED CODE OR ANY REQUIREMENTS OR LIMITATIONS ESTABLISHED IN     241          

THAT CHAPTER.                                                                   

      (D)  THE AUTHORITY, AS ASSIGNEE OF ANY AGREEMENT PURSUANT    244          

TO DIVISION (C) OF THIS SECTION, MAY ENFORCE AND COMPEL THE BOARD  246          

AND THE COUNTY AUDITOR BY MANDAMUS PURSUANT TO CHAPTER 2731. OF    247          

THE REVISED CODE TO COMPLY WITH DIVISION (B) OF THIS SECTION IN A  249          

TIMELY MANNER.                                                                  

      (E)  THE CONSTRUCTION OF AN EROSION CONTROL STRUCTURE BY A   251          

CONTRACTOR HIRED BY A PERSON WHO ENTERS INTO AN AGREEMENT WITH A   252          

                                                          7      


                                                                 
BOARD UNDER DIVISION (A) OF THIS SECTION IS NOT A PUBLIC           253          

IMPROVEMENT, AS DEFINED IN SECTION 4115.03 OF THE REVISED CODE,    254          

AND IS NOT SUBJECT TO COMPETITIVE BIDDING OR PUBLIC BOND LAWS.     255          

      Sec. 6121.01.  As used in this chapter:                      264          

      (A) "Beneficial use" means a use of water, including the     266          

method of diversion, storage, transportation, treatment, and       267          

application, that is reasonable and consistent with the public     268          

interest in the proper utilization of water resources, including,  269          

without limitation, domestic, agricultural, industrial, power,     270          

municipal, navigational, fish and wildlife, and recreational                    

uses.                                                                           

      (B)  "Governmental agencies" means departments, divisions,   272          

or other units of state government, watershed districts, soil and  273          

water conservation districts, municipal corporations, counties,    274          

townships, and other political subdivisions, special water         275          

districts, including county and regional sewer and water                        

districts, conservancy districts, sanitary districts, sewer        276          

districts, or any other public corporation or agency having the    277          

authority to acquire, construct, or operate waste water or water   278          

management facilities, the United States or any agency thereof,    279          

and any agency, commission, or authority established pursuant to   280          

an interstate compact or agreement.                                             

      (C)  "Person" means any individual, firm, partnership,       282          

association, or corporation, or two or more or any combination     283          

thereof.                                                                        

      (D)  "Waters of the state" means all streams, lakes, ponds,  285          

marshes, watercourses, waterways, wells, springs, irrigation       286          

systems, drainage systems, and other bodies or accumulations of    287          

water, surface and underground, natural or artificial, that are    288          

situated wholly or partly within, or border upon, this state or    289          

are within its jurisdiction, except those private waters that do                

not combine or effect a junction with natural surface or           290          

underground waters.                                                             

      (E)  "Water resources" means all waters of the state         292          

                                                          8      


                                                                 
occurring on the surface in natural or artificial channels,        293          

lakes, reservoirs, or impoundments, and underground in subsurface  294          

aquifers, that are available or may be made available to           295          

agricultural, industrial, commercial, recreational, public, and                 

domestic users.                                                    296          

      (F)  "Project" or "water development project" means either   298          

of the following:                                                               

      (1)  Any waste water facility or water management facility,  300          

including undivided or other interests therein, acquired or        301          

constructed or to be acquired or constructed by the Ohio water     302          

development authority under this chapter, or acquired or           303          

constructed or to be acquired or constructed by a governmental     304          

agency or person with all or a portion of the cost thereof being   305          

paid from a loan or grant from the authority under this chapter,   306          

including all buildings and facilities that the authority          307          

considers necessary for the operation of the project, together     308          

with all property, rights, easements, and interest that may be     309          

required for the operation of the project;                                      

      (2)  Any project or activity qualifying for financial        311          

assistance under section 6109.22, 6111.036, or 6111.037 of the     312          

Revised Code.                                                                   

      (G)  "Pollution" means the placing of any noxious or         314          

deleterious substances in any waters of the state or otherwise     315          

affecting the waters or properties of any waters of the state,     316          

including the temperature or radioactivity thereof, in a manner    317          

that is or renders the waters harmful or inimical to the public                 

health, to animal or aquatic life, or to the use of the waters     318          

for domestic water supply, industrial, or agricultural purposes    319          

or recreation.                                                                  

      (H)  "Sewage" means any substance that contains any of the   321          

waste products or excrementitious or other discharge from the      322          

bodies of human beings or animals and that pollutes the waters of  323          

the state or that in the absence of a waste water facility would   324          

pollute or cause greater pollution of the waters of the state.     325          

                                                          9      


                                                                 
      (I)  "Industrial waste" means any liquid, gaseous, or solid  327          

waste substance, heat, radioactivity, or radiation, resulting      328          

from any process of industry, manufacture, trade, or business, or  329          

from the development, processing, or recovery of any natural       330          

resource, together with such sewage as is present, that pollutes   331          

the waters of the state or that in the absence of a waste water                 

facility would pollute or cause greater pollution of the waters    332          

of the state.                                                                   

      (J)  "Waste water" means any water containing sewage or      334          

industrial waste or other pollutants or contaminants derived from  335          

the prior use of the water.                                                     

      (K)  "Waste water facilities" means facilities, property,    337          

or the modification or replacement of property for the purpose of  339          

treating, neutralizing, disposing of, stabilizing, dispersing,                  

cooling, segregating, or holding waste water, or for the removal,  340          

reduction, containment, alteration, storage, or disposal of        341          

sewage or industrial waste or substances containing sewage or      342          

industrial waste, or for the prevention or reduction, or           343          

reduction of the concentration, of pollution of the waters of the  344          

state, including, without limitation, facilities for the           345          

withdrawal of waters of the state, facilities for the treatment    346          

and disposal of sewage or industrial waste and the residue         347          

thereof, facilities for the temporary or permanent impoundment of  348          

waste water, both surface and underground, and sanitary sewers     349          

and other systems, whether on the surface or underground,          350          

designed to transport waste water together with the equipment and  351          

furnishings thereof and their appurtenances and systems, whether   352          

on the surface or underground, including force mains and pumping   353          

facilities therefor when necessary, and facilities or              354          

expenditures that qualify as water pollution control facilities    355          

under Section 103(C) (4) (F) of the Internal Revenue Code of       356          

1954, as amended, and regulations adopted thereunder, and also     357          

includes any property or system to be used in whole or in part     358          

for any of the foregoing purposes, whether or not another purpose  359          

                                                          10     


                                                                 
is also IS served, and any property or system incidental to or     361          

that has to do with or the end purpose of which is any of the                   

foregoing.  Waste water facilities as defined in this division     362          

for industry, commerce, distribution, or research, including       363          

public utility companies, are hereby determined to be those that   364          

qualify as facilities for the control of water pollution and       365          

thermal pollution related to water under Section 13 of Article     366          

VIII, Ohio Constitution.                                                        

      (L)  "Water management facilities" means facilities for the  368          

development, use, and protection of water resources, including,    369          

without limitation, facilities for water supply, facilities for    370          

stream flow improvement, dams, reservoirs, and other               371          

impoundments, water transmission lines, water wells and well       372          

fields, pumping stations and works for underground water           373          

recharge, facilities for the management and treatment of storm     374          

water, stream monitoring systems, facilities for the               375          

stabilization of stream and river banks AND COASTAL EROSION        376          

AREAS, AS DEFINED IN SECTION 1506.01 OF THE REVISED CODE, and      377          

facilities for the treatment of streams and rivers, including,     378          

without limitation, facilities for the removal of oil, debris,     379          

and other solid waste from the waters of the state and stream and  380          

river aeration facilities.                                                      

      (M)  "Cost" as applied to A water development project means  382          

the cost of acquisition and construction, the cost of acquisition  383          

of all land, rights-of-way, property rights, easements, franchise  384          

rights, and interests required for that acquisition and            385          

construction, the cost of demolishing or removing any buildings    386          

or structures on land so acquired, including the cost of           387          

acquiring any lands to which the buildings or structures may be    389          

moved, the cost of acquiring or constructing and equipping a                    

principal office and sub-offices of the authority, the cost of     390          

diverting highways, interchange of highways, or access roads to    391          

private property, including the cost of land or easements          392          

therefor, the cost of all machinery, furnishings, and equipment,   393          

                                                          11     


                                                                 
financing charges, interest prior to and during construction and   394          

for no more than eighteen months after completion of               395          

construction, engineering costs, expenses of research and          396          

development with respect to waste water or water management        397          

facilities, legal expenses, the cost of plans, specifications,     398          

and surveys, estimates of cost and revenues, working capital,      399          

other expenses necessary or incident to determining the            400          

feasibility or practicability of acquiring or constructing any     401          

such project, administrative expense, and such other expense as    403          

THAT may be necessary or incident to the acquisition or                         

construction of the project, the financing of the acquisition or   406          

construction including the amount authorized in the resolution of  407          

the authority providing for the issuance of water development      408          

revenue bonds to be paid into any special funds from the proceeds  409          

of the bonds, and the financing of the placing of any such                      

project in operation.  Any obligation, cost, or expense incurred   410          

by any governmental agency or person for surveys, borings,         411          

preparation of plans and specifications, and other engineering     412          

services, or any other costs described above, in connection with   413          

the acquisition or construction of a project may be regarded as a  414          

part of the cost of the project and may be reimbursed out of the                

proceeds of water development revenue bonds as authorized by this  415          

chapter.                                                                        

      (N)  "Owner" includes all individuals, copartnerships,       417          

associations, corporations, or governmental agencies having any    418          

title or interest in any property rights, easements, and           419          

interests authorized to be acquired by this chapter.               420          

      (O)  "Revenues" means all rentals and other charges for the  422          

use or services of any water development project, any gift or      423          

grant received with respect thereto, including, without            424          

limitation, any moneys received by the authority pursuant to an    425          

agreement entered into under section 6109.22, 6111.036, or                      

6111.037 of the Revised Code, any moneys received with respect to  426          

the lease, sublease, sale, including installment sale or           427          

                                                          12     


                                                                 
conditional sale, or other disposition of a project, moneys        428          

received in repayment of and for interest on any loan made by the  429          

authority to a person or governmental agency, whether from the     430          

United States or a department, administration, or agency thereof,               

or otherwise, proceeds of bonds to the extent that use thereof     431          

for payment of principal of, premium if any, or interest on the    432          

bonds is authorized by the authority, proceeds from any            433          

insurance, condemnation, or guaranty pertaining to a project or    434          

property mortgaged to secure bonds or pertaining to the financing  435          

of the project, and income and profit from the investment of the                

proceeds of water development revenue bonds or of any revenues.    436          

      (P)  "Public roads" includes all public highways, roads,     438          

and streets in the state whether maintained by the state, OR A     439          

county, municipal corporation, township, or other political        441          

subdivision.                                                                    

      (Q)  "Public utility facilities" includes tracks, pipes,     443          

mains, conduits, cables, wires, towers, poles, and other           444          

equipment and appliances of any public utility.                    445          

      (R)  "Construction," unless the context indicates a          447          

different meaning or intent, includes reconstruction,              448          

enlargement, improvement, or providing furnishings or equipment.   449          

      (S)  "Water development revenue bonds," unless the context   451          

indicates a different meaning or intent, includes water            452          

development revenue notes, water development revenue renewal       453          

notes, and water development revenue refunding bonds, except that  454          

notes issued in anticipation of the issuance of bonds shall have   455          

a maximum maturity of five years as provided in section 6121.06                 

of the Revised Code and notes or renewal notes issued as the       456          

definitive obligation may be issued maturing at such THE time or   457          

times as THAT the authority determines with a maximum maturity of  459          

forty years from the date of issuance of the original note.        460          

      Sec. 6121.04.  The Ohio water development authority may do   469          

any or all of the following:                                       470          

      (A)  Adopt bylaws for the regulation of its affairs and the  472          

                                                          13     


                                                                 
conduct of its business;                                           473          

      (B)  Adopt an official seal;                                 475          

      (C)  Maintain a principal office and suboffices at places    477          

within the state that it designates;                               478          

      (D)  Sue and plead in its own name, and be sued and          480          

impleaded in its own name with respect to its contracts or torts   482          

of its members, employees, or agents acting within the scope of    483          

their employment, or to enforce its obligations and covenants      484          

made under sections 6121.06, 6121.08, and 6121.13 of the Revised                

Code.  Any such actions against the authority shall be brought in  485          

the court of common pleas of the county in which the principal     486          

office of the authority is located or in the court of common       487          

pleas of the county in which the cause of action arose, provided   488          

that the county is located within this state, and all summonses,   489          

exceptions, and notices of every kind shall be served on the                    

authority by leaving a copy thereof at the principal office with   490          

the person in charge thereof or with the secretary-treasurer of    491          

the authority.                                                                  

      (E)  Make loans and grants to governmental agencies for the  493          

acquisition or construction of water development projects by any   494          

such governmental agency and adopt rules and procedures for        495          

making such loans and grants;                                                   

      (F)  Acquire, construct, reconstruct, enlarge, improve,      497          

furnish, equip, maintain, repair, operate, or lease or rent to,    498          

or contract for operation by, a governmental agency or person,     499          

water development projects, and establish rules for the use of     500          

such THOSE projects;                                                            

      (G)  Make available the use or services of any water         502          

development project to one or more persons, one or more            503          

governmental agencies, or any combination thereof;                 504          

      (H)  Issue water development revenue bonds and notes and     506          

water development revenue refunding bonds of the state, payable    507          

solely from revenues as provided in section 6121.06 of the         508          

Revised Code, unless the bonds are refunded by refunding bonds,    509          

                                                          14     


                                                                 
for the purpose of paying any part of the cost of one or more                   

water development projects or parts thereof;                       510          

      (I)  Acquire by gift or purchase, hold, and dispose of real  512          

and personal property in the exercise of its powers and the        513          

performance of its duties under this chapter;                      514          

      (J)  Acquire, in the name of the state, by purchase or       516          

otherwise, on such terms and in such THE manner as THAT it         518          

considers proper, or by the exercise of the right of condemnation  520          

in the manner provided by section 6121.18 of the Revised Code,     521          

such public or private lands, including public parks,                           

playgrounds, or reservations, or parts thereof or rights therein,  523          

rights-of-way, property, rights, easements, and interests as THAT  524          

it considers necessary for carrying out this chapter, but          526          

excluding the acquisition by the exercise of the right of                       

condemnation of any waste water facility or water management       527          

facility owned by any person or governmental agency, and           528          

compensation shall be paid for public or private lands so taken,   529          

except that a government-owned waste water facility may be         530          

appropriated in accordance with section 6121.041 of the Revised                 

Code;                                                                           

      (K)  Adopt rules to protect augmented flow in waters of the  532          

state, to the extent augmented by a water development project,     533          

from depletion so it will be available for beneficial use, and to  534          

provide standards for the withdrawal from waters of the state of   535          

the augmented flow created by a water development project that is  536          

not returned to the waters of the state so augmented and to                     

establish reasonable charges therefor if considered necessary by   537          

the authority;                                                     538          

      (L)  Make and enter into all contracts and agreements and    540          

execute all instruments necessary or incidental to the             541          

performance of its duties and the execution of its powers under    542          

this chapter in accordance with the following requirements:        543          

      (1)  When the cost under any such contract or agreement,     545          

other than compensation for personal services, involves an         546          

                                                          15     


                                                                 
expenditure of more than ten thousand dollars, the authority       547          

shall make a written contract with the lowest responsive and       548          

responsible bidder, in accordance with section 9.312 of the                     

Revised Code, after advertisement for not less than two            549          

consecutive weeks in a newspaper of general circulation in         550          

Franklin county, and in such other publications as THAT the        551          

authority determines, which shall state the general character of   553          

the work and the general character of the materials to be                       

furnished, the place where plans and specifications therefor may   554          

be examined, and the time and place of receiving bids, provided    555          

that a contract or lease for the operation of a water development  556          

project constructed and owned by the authority or an agreement     557          

for cooperation in the acquisition or construction of a water      558          

development project pursuant to section 6121.13 of the Revised                  

Code or any contract for the construction of a water development   559          

project that is to be leased by the authority to, and operated     560          

by, persons who are not governmental agencies and the cost of the  561          

project is to be amortized exclusively from rentals or other       562          

charges paid to the authority by persons who are not governmental  563          

agencies is not subject to the foregoing requirements and the      564          

authority may enter into such a contract or lease or such an                    

agreement pursuant to negotiation and upon such terms and          565          

conditions and for such THE period as THAT it finds to be          568          

reasonable and proper in the circumstances and in the best         569          

interests of proper operation or of efficient acquisition or       570          

construction of the project.                                       571          

      (2)  Each bid for a contract for the construction,           573          

demolition, alteration, repair, or reconstruction of an            574          

improvement shall contain the full name of every person            575          

interested in it and shall meet the requirements of section                     

153.54 of the Revised Code.                                        576          

      (3)  Each bid for a contract except as provided in division  578          

(L)(2) of this section shall contain the full name of every        579          

person or company interested in it and shall be accompanied by a   580          

                                                          16     


                                                                 
sufficient bond or certified check on a solvent bank that if the   581          

bid is accepted, a contract will be entered into and the           582          

performance thereof secured.                                                    

      (4)  The authority may reject any and all bids.              584          

      (5)  A bond with good and sufficient surety, approved by     586          

the authority, shall be required of every contractor awarded a     587          

contract except as provided in division (L)(2) of this section,    588          

in an amount equal to at least fifty per cent of the contract      589          

price, conditioned upon the faithful performance of the contract.  590          

      (M)  Employ managers, superintendents, and other employees   592          

and retain or contract with consulting engineers, financial        593          

consultants, accounting experts, architects, attorneys, and other  594          

consultants and independent contractors as THAT are necessary in   596          

its judgment to carry out this chapter, and fix the compensation   597          

thereof.  All expenses thereof shall be payable solely from the                 

proceeds of water development revenue bonds or notes issued under  598          

this chapter, from revenues, or from funds appropriated for that   599          

purpose by the general assembly.                                   600          

      (N)  Receive and accept from any federal agency, subject to  602          

the approval of the governor, grants for or in aid of the          603          

construction of any water development project or for research and  604          

development with respect to waste water or water management        605          

facilities, and receive and accept aid or contributions from any   606          

source of money, property, labor, or other things of value, to be  607          

held, used, and applied only for the purposes for which the                     

grants and contributions are made;                                 608          

      (O)  Engage in research and development with respect to      610          

waste water or water management facilities;                        611          

      (P)  Purchase fire and extended coverage and liability       613          

insurance for any water development project and for the principal  614          

office and suboffices of the authority, insurance protecting the   615          

authority and its officers and employees against liability for     616          

damage to property or injury to or death of persons arising from   617          

its operations, and any other insurance the authority may agree                 

                                                          17     


                                                                 
to provide under any resolution authorizing its water development  618          

revenue bonds or in any trust agreement securing the same;         619          

      (Q)  Charge, alter, and collect rentals and other charges    621          

for the use or services of any water development project as        622          

provided in section 6121.13 of the Revised Code;                   623          

      (R)  Provide coverage for its employees under sections       625          

4123.01 to 4123.94, 4141.01 to 4141.46, and 145.01 to 145.58 AND   626          

CHAPTERS 4123. AND 4141. of the Revised Code;                      627          

      (S)  Assist in the implementation and administration of the  629          

drinking water assistance fund and program created in section      630          

6109.22 of the Revised Code and the water pollution control loan   631          

fund and program created in section 6111.036 of the Revised Code,  632          

including, without limitation, performing or providing fiscal      633          

management for the funds and investing and disbursing moneys in                 

the funds, and enter into all necessary and appropriate            634          

agreements with the director of environmental protection for       635          

those purposes;                                                                 

      (T)  Issue water development revenue bonds and notes of the  637          

state in principal amounts that are necessary for the purpose of   638          

raising moneys for the sole benefit of the water pollution         639          

control loan fund created in section 6111.036 of the Revised       640          

Code, including moneys to meet the requirement for providing                    

matching moneys under division (D) of that section.  The bonds     641          

and notes may be secured by appropriate trust agreements and       642          

repaid from moneys credited to the fund from payments of           643          

principal and interest on loans made from the fund, as provided    644          

in division (F) of section 6111.036 of the Revised Code.                        

      (U)  Issue water development revenue bonds and notes of the  646          

state in principal amounts that are necessary for the purpose of   647          

raising moneys for the sole benefit of the drinking water          648          

assistance fund created in section 6109.22 of the Revised Code,    649          

including moneys to meet the requirement for providing matching    650          

moneys under divisions (B) and (F) of that section.  The bonds                  

and notes may be secured by appropriate trust agreements and       651          

                                                          18     


                                                                 
repaid from moneys credited to the fund from payments of           652          

principal and interest on loans made from the fund, as provided    653          

in division (F) of section 6109.22 of the Revised Code.            654          

      (V)  MAKE LOANS TO AND ENTER INTO AGREEMENTS WITH BOARDS OF  656          

COUNTY COMMISSIONERS FOR THE PURPOSES OF SECTION 1507.071 OF THE   657          

REVISED CODE AND ADOPT RULES ESTABLISHING REQUIREMENTS AND         658          

PROCEDURES FOR MAKING THE LOANS AND ENTERING INTO THE AGREEMENTS;  659          

      (W)  Do all acts necessary or proper to carry out the        661          

powers expressly granted in this chapter.                          663          

      Sec. 6121.061.  The Ohio water development authority shall   672          

not issue any bonds or otherwise participate in any project        673          

authorized by this chapter or Chapter 6123. of the Revised Code    674          

unless the contract, resolution, or other written document         675          

setting forth the board's participation specifies that all wages   676          

paid to laborers and mechanics employed on such THE projects       677          

shall be paid at the prevailing rates of wages of laborers and     679          

mechanics for the class of work called for by the project, which   680          

wages shall be determined in accordance with the requirements of   681          

Chapter 4115. of the Revised Code for determination of prevailing  683          

wage rates, provided that the requirements of this section do not  684          

apply TO LOANS MADE TO BOARDS OF COUNTY COMMISSIONERS UNDER                     

DIVISION (V) OF SECTION 6121.04 OF THE REVISED CODE OR where the   685          

federal government or any of its agencies furnishes by loan or     687          

grant all or any part of the funds used in connection with such    688          

THE project and prescribes predetermined minimum wages to be paid  689          

to such THE laborers and mechanics;, and provided further that     690          

should IF a non-public user beneficiary of the project undertake   692          

UNDERTAKES, as part of the project, construction to be performed   694          

by its regular bargaining unit employees who are covered under a   695          

collective bargaining agreement which THAT was in existence prior  696          

to the date of the commitment instrument setting forth the         697          

board's participation, then, in that event, the rate of pay        698          

provided under the collective bargaining agreement may be paid to  699          

such THOSE employees.                                              700          

                                                          19     


                                                                 
      Section 2.  That existing sections 317.08, 6121.01,          702          

6121.04, and 6121.061 of the Revised Code are hereby repealed.     703