SENATORS Wachtmann, Hottinger, Carnes

To enact sections 3745.113, 6111.02, 6111.021,

1

6111.022, 6111.023, 6111.024, 6111.025, 6111.026,

2

6111.027, 6111.028, and 6111.029 of the Revised

3

Code to require the issuance of permits for impacts

4

to isolated wetlands, to require the preparation of

5

zero-base budgets by two agencies during the

6

biennium ending June 30, 2005, and to declare an

7

emergency.

8

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

Section 1. That sections 3745.113, 6111.02, 6111.021,	9
6111.022, 6111.023, 6111.024, 6111.025, 6111.026, 6111.027,	10
6111.028, and 6111.029 of the Revised Code be enacted to read as	11
follows:	12

Sec. 3745.113. (A) A person that applies for a state	13
isolated wetland permit under Chapter 6111. of the Revised Code	14
and rules adopted under it shall pay an application fee of two	15
hundred dollars at the time of application.	16

In addition, that person shall pay, at the time of	17
application, a review fee of five hundred dollars per acre of the	18
wetlands to be impacted.	19

However, the review fee shall not exceed five thousand	20
dollars per application. In addition, if an application is	21
denied, the director of environmental protection shall refund to	22
the applicant one-half of the amount of the review fee paid by the	23
applicant under division (A) of this section.	24

(B) If a person conducts any activities for which an	25
individual state isolated wetland permit is required under Chapter	26
6111. of the Revised Code and rules adopted under it without first	27
obtaining such a permit, the person shall pay twice the amount of	28
the application and review fees that the person otherwise would	29
have been required to pay under division (A) of this section, not	30
to exceed ten thousand dollars.	31

(C) All moneys collected under this section shall be	32
deposited in the state treasury to the credit of the dredge and	33
fill fund created in section 6111.029 of the Revised Code.	34

(D) Fees established under this section shall not apply to	35
any agency or department of the state or to any county, township,	36
or municipal corporation in this state.	37

Sec. 6111.02. As used in this section and sections 6111.021	38
to 6111.028 of the Revised Code:	39

(A) "Category 1 wetland," "category 2 wetland," or "category	40
3 wetland" means a category 1 wetland, category 2 wetland, or	41
category 3 wetland, respectively, as described in rule 3745-1-54	42
of the Administrative Code, as that rule existed on the effective	43
date of this section, and as determined to be a category 1,	44
category 2, or category 3 wetland, respectively, through	45
application of the "Ohio rapid assessment method for wetlands	46
version 5.0," including the Ohio rapid assessment method for	47
wetlands version 5.0 quantitative score calibration dated August	48
15, 2000, unless an application for a section 401 water quality	49
certification was submitted prior to February 28, 2001, in which	50
case the applicant for the permit may elect to proceed in	51
accordance with Ohio rapid assessment method for wetlands version	52
4.1.	53

(B) "Creation" means the establishment of a wetland where one	54
did not formerly exist and that involves wetland construction on	55
nonhydric soils.	56

(C) "Enhancement" means activities conducted in an existing	57
wetland to improve or repair existing or natural wetland functions	58
and values of that wetland.	59

(D) "Fill material" means any material that is used to	60
fill an aquatic area, to replace an aquatic area with dry land, or	61
to change the bottom elevation of a wetland for any purpose and	62
that consists of suitable material that is free from toxic	63
contaminants in other than trace quantities. "Fill material" does	64
not include either of the following:	65

(1) Material resulting from normal farming, silviculture,	66
and ranching activities, such as plowing, cultivating, seeding,	67
and harvesting, for the production of food, fiber, and forest	68
products;	69

(2) Material placed for the purpose of maintenance of	70
existing structures, including emergency reconstruction of	71
recently damaged parts of currently serviceable structures such as	72
dikes, dams, levees, groins, riprap, breakwaters, causeways, and	73
bridge abutments or approaches, and transportation structures.	74

(E) "Filling" means the addition of fill material into a	75
wetland for the purpose of creating upland, changing the bottom	76
elevation of the wetland, or creating impoundments of water.	77
"Filling" includes, without limitation, the placement of the	78
following in wetlands: fill material that is necessary for the	79
construction of any structure; structures or impoundments	80
requiring rock, sand, dirt, or other material for its	81
construction; site-development fills for recreational, industrial,	82
commercial, residential, or other uses; causeways or road fills;	83
dams and dikes; artificial islands, property protection, or	84
reclamation devices such as riprap, groins, seawalls, breakwalls,	85
and bulkheads and fills; beach nourishment; levees; sanitary	86
landfills; fill material for structures such as sewage treatment	87
facilities, intake and outfall pipes associated with power plants,	88
and underwater utility lines; and artificial reefs.	89

(F) "Isolated wetland" means a wetland that is not subject	90
to regulation under the Federal Water Pollution Control Act.	91

(G) "Mitigation" means the restoration, creation,	92
enhancement, or, in exceptional circumstances, preservation of	93
wetlands expressly for the purpose of compensating for wetland	94
impacts.	95

(H) "Mitigation bank service area" means the designated area	96
where a mitigation bank can reasonably be expected to provide	97
appropriate compensation for impacts to wetlands and other aquatic	98
resources and that is designated as such in accordance with the	99
process established in the "Federal Guidance for the	100
Establishment, Use and Operation of Mitigation Banks (1995)," 60	101
FR 58605.	102

(I) "Off-site mitigation" means wetland restoration,	103
creation, enhancement, or preservation occurring farther than one	104
mile from a project boundary, but within the same watershed.	105

(J) "On-site mitigation" means wetland restoration,	106
creation, enhancement, or preservation occurring within and not	107
more than one mile from the project boundary and within the same	108
watershed.	109

(K) "Practicable" means available and capable of being	110
executed with existing technology and without significant adverse	111
effect on the economic feasibility of the project in light of the	112
overall project purposes and in consideration of the relative	113
environmental benefit.	114

(L) "Preservation" means the protection of ecologically	115
important wetlands in perpetuity through the implementation of	116
appropriate legal mechanisms to prevent harm to the wetlands.	117
"Preservation" may include protection of adjacent upland areas as	118
necessary to ensure protection of a wetland.	119

(M) "Restoration" means the reestablishment of a previously	120
existing wetland at a site where it has ceased to exist.	121

(N) "State isolated wetland permit" means a permit issued in	122
accordance with sections 6111.02 to 6111.027 of the Revised Code	123
authorizing the filling of an isolated wetland.	124

(O) "Watershed" means a common surface drainage area	125
corresponding to one from the list of thirty-seven adapted from	126
the forty-four cataloging units as depicted on the hydrologic unit	127
map of Ohio, United States geological survey, 1988, and as	128
described in division (F)(2) of rule 3745-1-54 of the	129
Administrative Code or as otherwise shown on map number 1 found in	130
rule 3745-1-54 of the Administrative Code. "Watershed" is limited	131
to those parts of the cataloging units that geographically lie	132
within the borders of this state.	133

(P) "Wetlands" means those areas that are inundated or	134
saturated by surface or ground water at a frequency and duration	135
that are sufficient to support, and that under normal	136
circumstances do support, a prevalence of vegetation typically	137
adapted for life in saturated soil conditions. "Wetlands" includes	138
swamps, marshes, bogs, and similar areas that are delineated in	139
accordance with the 1987 United States army corps of engineers	140
wetland delineation manual and any other procedures and	141
requirements adopted by the United States army corps of engineers	142
for delineating wetlands.	143

(Q) "Wetland mitigation bank" means a site where wetlands	144
have been restored, created, enhanced, or, in exceptional	145
circumstances, preserved expressly for the purpose of providing	146
mitigation for impacts to wetlands and that has been approved in	147
accordance with the process established in the "Federal Guidance	148
for the Establishment, Use and Operation of Mitigation Banks	149
(1995)," 60 FR 58605.	150

Sec. 6111.021. (A)(1) The director of environmental	151
protection shall issue a general state isolated wetland permit or	152
permits to cover activities within this state for purposes of	153
section 6111.022 of the Revised Code. A general permit is	154
effective for five years. Upon the expiration of a general	155
permit, the director shall issue a new general permit.	156

(2) The director may issue an individual state isolated	157
wetland permit for purposes of sections 6111.023 and 6111.024 of	158
the Revised Code. An individual permit issued under either of	159
those sections is effective for five years.	160

(B) A person that proposes to engage in an activity that	161
involves the filling of an isolated wetland shall apply to the	162
director for coverage under a general state isolated wetland	163
permit or shall apply for an individual state isolated wetland	164
permit, as applicable, in accordance with sections 6111.02 to	165
6111.027 of the Revised Code. No person shall engage in the	166
filling of an isolated wetland unless authorized to do so by a	167
general or individual state isolated wetland permit. Sections	168
6111.02 to 6111.027 of the Revised Code do not apply to isolated	169
wetlands created by previous coal mining activities where remining	170
is proposed, except for wetlands created for mitigation purposes.	171

(C) The issuance of a general or individual state isolated	172
wetland permit constitutes the issuance of a section 401 water	173
quality certification for purposes of the Federal Water Pollution	174
Control Act.	175

Sec. 6111.022. (A) A proposed filling of a category 1 or a	176
category 2 isolated wetland of one-half acre or less shall require	177
a general state isolated wetland permit and be subject to level	178
one review requirements established under division (B) of this	179
section.	180

(B) Level one review shall apply only to the filling of a	181
category 1 or a category 2 isolated wetland as described in	182
division (A) of this section requiring a general state isolated	183
wetland permit. A level one review shall require the submission	184
of a pre-activity notice that includes an application, an	185
acceptable wetland delineation, a wetland categorization, a	186
description of the project, a description of the acreage of the	187
isolated wetland that will be subject to filling, site	188
photographs, and a mitigation proposal for the impact to the	189
isolated wetland.	190

(C) The proposed filling of an isolated wetland that is	191
subject to level one review is authorized by a general state	192
isolated wetland permit unless the director of environmental	193
protection notifies the applicant within thirty days after receipt	194
of a pre-activity notice that the filling of the isolated wetland	195
will result in a significant negative impact on state water	196
quality. An applicant that receives such a notice may apply for an	197
individual state isolated wetland permit in accordance with the	198
procedures and requirements established under section 6111.023 of	199
the Revised Code.	200

(D) Required mitigation for the proposed filling of an	201
isolated wetland that is subject to level one review shall be	202
conducted by the applicant. Without the objection of the director	203
and at the discretion of the applicant, the applicant shall	204
conduct either on site mitigation, mitigation at a wetland	205
mitigation bank within the same United States army corps of	206
engineers district as the location of the proposed filling of the	207
isolated wetland, or off-site mitigation.	208

(E) A person that has submitted a pre-activity notice for	209
coverage under a general state isolated wetland permit under this	210
section shall complete the filling within two years after the end	211
of the thirty-day period following the receipt of the pre-activity	212
notice by the director. If the person does not complete the	213
filling within that two-year period, the person shall submit a new	214
pre-activity notice in accordance with this section.	215

Sec. 6111.023. (A) A proposed filling of a category 1	216
isolated wetland of greater than one-half acre or the proposed	217
filling of a category 2 isolated wetland of greater than one-half	218
acre, but less than or equal to three acres shall require an	219
individual state isolated wetland permit and be subject to level	220
two review requirements established under division (B) of this	221
section.	222

(B) Level two review shall apply to the filling of a	223
category 1 or a category 2 isolated wetland described in division	224
(A) of this section and shall require all of the following:	225

(1) All of the information required to be submitted with a	226
pre-activity notice as described in division (B) of section	227
6111.022 of the Revised Code;	228

(2) The submission of an analysis of practicable on-site	229
alternatives to the proposed filling of the isolated wetland that	230
would have a less adverse impact on the isolated wetland	231
ecosystem;	232

(3) The submission of information indicating whether high	233
quality waters, as defined in rule 3745-1-05 of the Administrative	234
Code, are to be avoided by the proposed filling of the isolated	235
wetland.	236

(C) The director of environmental protection shall issue or	237
deny an individual state isolated wetland permit for the proposed	238
filling of an isolated wetland that is subject to level two review	239
not later than ninety days after the receipt of an application for	240
the permit. The director shall issue an individual state isolated	241
wetland permit for the proposed filling of an isolated wetland	242
that is subject to level two review unless the director determines	243
that the applicant for the permit has failed to demonstrate all of	244
the following:	245

(1) There is no practicable on-site alternative to the	246
proposed filling of the isolated wetland that would have a less	247
adverse impact on the isolated wetland ecosystem.	248

(2) Reasonable buffers have been provided for any isolated	249
wetland that will be avoided at the site where the proposed	250
filling of the isolated wetland will take place.	251

(3) The isolated wetland that will be subject to filling is	252
not locally or regionally scarce within the watershed in which it	253
is located and does not contain rare, threatened, or endangered	254
species.	255

(4) The impact would not result in significant degradation	256
to the aquatic ecosystem.	257

(5) Appropriate mitigation has been proposed for any	258
unavoidable impacts.	259

(6) Storm water and water quality controls will be installed	260
to ensure that peak post-development rates of surface water runoff	261
from the impacted isolated wetland do not exceed the peak	262
pre-development rates of runoff from the on-site isolated wetland.	263
Water quality improvement measures shall be incorporated into the	264
design of the storm water control measures to the maximum extent	265
practicable. Examples of these measures include, but are not	266
limited to, incorporating vegetated areas in a storm water control	267
plan.	268

(7) Any additional, practicable, site-specific requirements	269
that are determined necessary by the director to protect water	270
quality have been satisfied.	271

(D)(1) Notwithstanding an applicant's demonstration under	272
division (C) of this section, the director may deny an application	273
for an individual state isolated wetland permit submitted under	274
this section if the director determines that the proposed filling	275
of the isolated wetland will result in an adverse short-term or	276
long-term impact on water quality.	277

(2) The director may impose any practicable terms and	278
conditions on an individual state isolated wetland permit issued	279
under this section that are appropriate or necessary to ensure	280
adequate protection of state water quality and to ensure	281
compliance with this chapter and rules adopted under it.	282

(3) Prior to the issuance of an individual state isolated	283
wetland permit under this section, or prior to, during, or after	284
the filling of the isolated wetland that is the subject of the	285
permit, the director may require that the applicant or permit	286
holder perform various environmental quality tests, including,	287
without limitation, chemical analyses of water, sediment, or fill	288
material and bioassays, in order to ensure adequate protection of	289
water quality.	290

(E)(1) Mitigation for the proposed filling of a category 1	291
isolated wetland that is subject to level two review shall be	292
conducted by the applicant. Without the objection of the director	293
and at the discretion of the applicant, the applicant shall	294
conduct either on-site mitigation, mitigation at a wetland	295
mitigation bank within the same United States army corps of	296
engineers district as the location of the proposed filling of the	297
isolated wetland, or off-site mitigation.	298

(2) Mitigation for the proposed filling of a category 2	299
isolated wetland that is subject to level two review shall be	300
conducted by the applicant and shall occur in the following	301
preferred order:	302

(a) Practicable on-site mitigation;

303

(b) Reasonably identifiable, available, and practicable	304
off-site mitigation within the same watershed;	305

(c) If the proposed filling of the isolated wetland will	306
take place within a mitigation bank service area, within that	307
mitigation bank service area;	308

(d) If there is a significant ecological reason that the	309
mitigation location should not be limited to the watershed in	310
which the isolated wetland is located and if the proposed	311
mitigation will result in a substantially greater ecological	312
benefit, in a watershed that is adjacent to the watershed in which	313
the isolated wetland is located.	314

Sec. 6111.024. (A) A proposed filling of a category 2	315
isolated wetland of greater than three acres or a category 3	316
isolated wetland shall require an individual state isolated	317
wetland permit and be subject to level three review requirements	318
established under division (B) of this section.	319

(B) Level three review shall apply to the filling of a	320
category 2 or a category 3 isolated wetland described in division	321
(A) of this section and shall require all of the following:	322

(1) All of the information required to be submitted with a	323
pre-activity notice as described in division (B) of section	324
6111.022 of the Revised Code;	325

(2) A full antidegradation review conducted in accordance	326
with rules adopted under section 6111.12 of the Revised Code;	327

(3) The submission of information indicating whether high	328
quality waters, as defined in rule 3745-1-05 of the Administrative	329
Code, are to be avoided by the proposed filling of the isolated	330
wetland.	331

(C) The director of environmental protection shall issue or	332
deny an individual state isolated wetland permit for the proposed	333
filling of an isolated wetland that is subject to level three	334
review not later than one hundred eighty days after the receipt of	335
an application for the permit. The director shall not issue an	336
individual state isolated wetland permit for the proposed filling	337
of an isolated wetland that is subject to level three review	338
unless the director determines that the applicant for the permit	339
has demonstrated that the proposed filling will not prevent or	340
interfere with the attainment or maintenance of applicable state	341
water quality standards.	342

(D)(1) Notwithstanding division (C) of this section, the	343
director also may deny an application for an individual state	344
isolated wetland permit submitted under this section if the	345
director determines that the proposed filling of the isolated	346
wetland will result in an adverse short-term or long-term impact	347
on water quality.	348

(2) The director may impose terms and conditions on an	349
individual state isolated wetland permit issued under this section	350
that are appropriate or necessary to ensure adequate protection of	351
state water quality and to ensure compliance with this chapter and	352
rules adopted under it.	353

(3) Prior to the issuance of an individual state isolated	354
wetland permit under this section, or prior to, during, or after	355
the filling of the isolated wetland that is the subject of the	356
permit, the director may require that the applicant or permit	357
holder perform various environmental quality tests, including,	358
without limitation, chemical analyses of water, sediment, or fill	359
material and bioassays, in order to ensure adequate protection of	360
water quality.	361

(E) Mitigation for the proposed filling of a category 2 or a	362
category 3 isolated wetland that is subject to level three review	363
shall occur in the following preferred order:	364

(1) Practicable on-site mitigation;

365

(2) Reasonably identifiable, available, and practicable	366
off-site mitigation within the same watershed;	367

(3) If the proposed filling of the isolated wetland will	368
take place within a mitigation bank service area, within that	369
mitigation bank service area;	370

(4) If there is a significant ecological reason that the	371
mitigation location should not be limited to the watershed in	372
which the isolated wetland is located and if the proposed	373
mitigation will result in a substantially greater ecological	374
benefit, in a watershed that is adjacent to the watershed in which	375
the isolated wetland is located.	376

Sec. 6111.025. (A) The director of natural resources in	377
consultation with the director of environmental protection shall	378
establish a list of approved wetland mitigation banks that shall	379
be used by applicants for state isolated wetland permits for	380
mitigation purposes and shall submit the list to the director of	381
environmental protection. In establishing the list, the director	382
of natural resources shall give preference to wetland mitigation	383
banks that are comprised of areas involving the restoration of	384
previously existing wetlands. The list established under this	385
division shall not exclude state or local agencies from developing	386
wetland mitigation banks.	387

(B) The department of natural resources, the division of	388
wildlife in that department, or any other division in that	389
department that is designated by the director of natural resources	390
may establish and operate a wetland mitigation bank for purposes	391
of sections 6111.02 to 6111.027 of the Revised Code. A mitigation	392
bank so established may be used by any individual or entity,	393
including any agency or department of the state, for mitigation	394
purposes under those sections.	395

(C) The director of environmental protection annually shall	396
issue a report to the members of the general assembly on the total	397
number of acres of isolated wetlands that were subject to filling	398
during the immediately preceding year as well as the total number	399
of acres of isolated wetlands that were restored, created,	400
enhanced, or preserved through mitigation that same year as a	401
result of state isolated wetland permits issued under sections	402
6111.02 to 6111.027 of the Revised Code.	403

Sec. 6111.026. (A)(1) The director of environmental	404
protection shall prescribe the form of the application for a	405
general state isolated wetland permit and for an individual state	406
isolated wetland permit.	407

(2) The director shall provide an explanation to an	408
applicant for an individual state isolated wetland permit of the	409
basis for the proposed denial of the application.	410

(B) Within fifteen business days after the receipt of an	411
application for an individual state isolated wetland permit or an	412
application for coverage under a general state isolated wetland	413
permit, the director shall notify the applicant if the application	414
is complete. If the application is not complete, the director	415
shall include in the notice an itemized list of the information or	416
materials that are necessary to complete the application. Time	417
periods specified in sections 6111.02 to 6111.027 of the Revised	418
Code shall not apply until the application is determined by the	419
director to be complete. If the applicant fails to provide	420
information or materials that are necessary to complete the	421
application within sixty days after the director's receipt of the	422
application, the director may return the incomplete application to	423
the applicant and take no further action on the application.	424

(C) Except as provided in division (D) of this section, the	425
director shall publish notice of the receipt of a complete	426
application for an individual state isolated wetland permit in a	427
newspaper of general circulation in the county in which the	428
proposed filling of the isolated wetland that is the subject of	429
the application is to take place. The director shall accept	430
comments concerning the application and requests for a public	431
hearing concerning the application for not more than twenty days	432
following the publication of notice concerning the application.	433

If a public hearing is requested during the twenty-day	434
comment period and the director determines that there is	435
significant public interest, the director or the director's	436
representative shall conduct a public hearing concerning the	437
application. Notice of the public hearing shall be published not	438
later than thirty days prior to the date of the hearing in a	439
newspaper of general circulation in the county in which the	440
proposed filling of the isolated wetland that is the subject of	441
the application is to take place. If a public hearing is	442
requested concerning an application, the director shall accept	443
comments concerning the application until five business days after	444
the public hearing. A public hearing conducted under this	445
division shall take place not later than seventy days after the	446
receipt of the application.	447

(D) Applications for individual state isolated wetland	448
permits submitted under section 6111.024 of the Revised Code and	449
the issuance of a general state isolated wetland permit under	450
section 6111.021 of the Revised Code are subject to rules adopted	451
under section 6111.12 of the Revised Code governing public notice	452
and participation.	453

(E) When an application for a state isolated wetland permit	454
is changed, altered, or amended after a public hearing was	455
conducted in accordance with division (C) or (D) of this section,	456
a second hearing shall not be required for the changed, altered,	457
or amended application if the scope of the proposed filling that	458
is proposed by the original application has not changed or the	459
proposed filling has been reduced from that proposed in the	460
original application.	461

(F) If the isolated wetland that is the subject of an	462
application for an individual state isolated wetland permit	463
submitted under section 6111.023 or 6111.024 of the Revised Code	464
is part of a project that is subject to section 404 of the Federal	465
Water Pollution Control Act, the director, at the request of the	466
applicant, may revise the time periods established in this section	467
for the public comment period and public hearing, if applicable,	468
to coincide with the time periods for an application for a 401	469
water quality certification. If the applicant makes such a	470
request, the director also may revise the time periods established	471
in sections 6111.023 and 6111.024 of the Revised Code solely for	472
the purpose of eliminating duplicative public comment and public	473
hearing procedures as authorized by this division.	474

Sec. 6111.027.  (A) Mitigation for impacts to isolated	475
wetlands under sections 6111.02 to 6111.027 shall be conducted in	476
accordance with the following ratios:	477

(1) For category 1 and category 2 isolated wetlands, other	478
than forested category 2 isolated wetlands, mitigation located at	479
an approved wetland mitigation bank shall be conducted at a rate	480
of two times the size of the area of isolated wetland that is	481
being impacted.	482

(2) For forested category 2 isolated wetlands, mitigation	483
located at an approved wetland mitigation bank shall be conducted	484
at a rate of two and one-half times the size of the area of	485
isolated wetland that is being impacted.	486

(3) All other mitigation shall be subject to mitigation	487
ratios established in division (F) of rule 3745-1-54 of the	488
Administrative Code.	489

(B) Mitigation that involves the enhancement or preservation	490
of isolated wetlands shall be calculated and performed in	491
accordance with rule 3745-1-54 of the Administrative Code.	492

(C) An applicant for coverage under a general state	493
isolated wetland permit or for an individual state isolated	494
wetland permit under sections 6111.022 to 6111.024 of the Revised	495
Code shall demonstrate that the mitigation site will be protected	496
in perpetuity and that appropriate practicable management measures	497
are, or will be, in place to restrict harmful activities that	498
jeopardize the mitigation.	499

Sec. 6111.028. (A) The discharge of dredged material into	500
isolated wetlands is subject to sections 6111.021 to 6111.027 of	501
the Revised Code.	502

(B) As used in this section:

503

(1) "Discharge of dredged material" has the same meaning as	504
in 33 CFR 323.2 as effective February 16, 2001.	505

(2) "Dredged material" means material that is excavated or	506
dredged from isolated wetlands. "Dredged material" does not	507
include material resulting from normal farming, silviculture, and	508
ranching activities, such as plowing, cultivating, seeding, and	509
harvesting, for production of food, fiber, and forest products.	510

Sec. 6111.029. There is hereby created in the state treasury	511
the dredge and fill fund consisting of moneys credited to it under	512
section 3745.113 of the Revised Code. The director of	513
environmental protection shall use moneys in the fund solely for	514
the purpose of administering sections 6111.02 to 6111.029 of the	515
Revised Code.	516

Section 2. The Director of Budget and Management shall	517
prepare a full zero-base budget for the biennium ending June 30,	518
2005, for the Environmental Protection Agency and for one state	519
agency that the Director shall select prior to January 2002, that	520
has fewer full-time equivalent personnel than any administrative	521
department listed in section 121.02 of the Revised Code. The	522
Director shall offer the two agencies substantial technical	523
assistance throughout the process of preparing their zero-base	524
budgets. Each of the agencies shall prepare a full zero-base	525
budget in such manner and according to such schedule as the	526
Director of Budget and Management requires. The zero-base budgets	527
shall, as the Director of Budget and Management determines, be in	528
addition to or in place of the estimates of revenue and proposed	529
expenditures that they would otherwise be required to prepare	530
under section 126.02 of the Revised Code.	531

Section 3. This act is hereby declared to be an emergency	532
measure necessary for the immediate preservation of the public	533
peace, health, and safety. The reason for such necessity is that	534
the protection of isolated wetlands is of vital importance to the	535
state's environment and natural resources. Therefore, this act	536
shall go into immediate effect.	537