(C) Criteria to be used by integrating committees or, if | 67 |
required under division (C) of section 122.652 of the Revised | 68 |
Code, executive committees of integrating committees when | 69 |
prioritizing projects under division (B) of section 122.652 of the | 70 |
Revised Code. The policies and requirements also shall establish | 71 |
procedures that
integrating committees or, if required under | 72 |
division (C) of section 122.652 of the Revised Code,
executive | 73 |
committees of integrating committees shall use in
applying the | 74 |
criteria. | 75 |
(D) A selection process that provides for the prioritization | 76 |
of brownfield cleanup or remediation projects for which grant or | 77 |
loan
applications are submitted under section 122.652 of the | 78 |
Revised
Code. The policies and requirements shall require the | 79 |
selection
process to give
priority to projects in which the | 80 |
post-cleanup or
remediation use
will be for a combination of | 81 |
residential,
commercial, or industrial purposes, which may include | 82 |
the
conversion of a portion of a brownfield to a recreation, park, | 83 |
or
natural area that is integrated with the residential, | 84 |
commercial,
or industrial use of the brownfield after cleanup or | 85 |
remediation,
or will incorporate projects that are funded by | 86 |
grants awarded
under sections 164.20 to 164.27 of the Revised | 87 |
Code. The policies
and requirements shall
require the selection | 88 |
process to
incorporate and emphasize all of
the following factors: | 89 |
(E) The development of criteria that the
director shall use | 106 |
when awarding grants under
section 122.656
of the Revised Code. | 107 |
The criteria shall give priority to public health projects. In | 108 |
addition, the director, in consultation with the director of | 109 |
environmental protection, shall establish policies and | 110 |
requirements that require the criteria to include a public health | 111 |
project selection process that
incorporates and emphasizes all of | 112 |
the following factors: | 113 |
(5) The clean Ohio council may accept notes and other forms | 152 |
of obligation to evidence indebtedness, accept mortgages, liens, | 153 |
pledges, assignments, and other security interests to secure such | 154 |
indebtedness, and take any actions that are considered by the | 155 |
council to be appropriate to protect such security and safeguard | 156 |
against losses, including, without limitation, foreclosure and | 157 |
bidding on the purchase of property upon foreclosure or other | 158 |
sale. | 159 |
Sec. 122.658. (A) The clean Ohio revitalization fund is | 163 |
hereby
created in the state treasury. The fund shall consist of | 164 |
moneys
credited to it pursuant to section 151.40 of the Revised | 165 |
Code
and of payments of principal and interest on loans that are | 166 |
made from the fund in accordance with policies and requirements | 167 |
established under section 122.657 of the Revised Code. Moneys in | 168 |
the fund
shall be used to make grants or loans for projects that | 169 |
have been
approved
by the clean Ohio council in accordance with | 170 |
section
122.653 of
the
Revised Code, except that the council | 171 |
annually
shall devote
twenty per cent of the net proceeds of | 172 |
obligations deposited in the clean
Ohio
revitalization fund for | 173 |
the purposes of
section 122.656 of the Revised Code. | 174 |
Moneys in the clean Ohio revitalization fund may be used to | 175 |
pay
reasonable
costs incurred by the department of development and | 176 |
the environmental protection agency in administering
sections | 177 |
122.65 to
122.658 of the Revised Code. All investment
earnings of | 178 |
the fund
shall be credited to the fund. For two years after
the | 179 |
effective date of this sectionJuly 26, 2001, investment
earnings | 180 |
credited to
the clean Ohio revitalization fund may be used to pay | 181 |
costs
incurred by the department
of
development and the | 182 |
environmental
protection agency pursuant to
sections 122.65 to | 183 |
122.658 of the
Revised Code. | 184 |
(C) The department of development shall not make any payment | 212 |
to an applicant from the clean Ohio revitalization fund to pay | 213 |
costs of the applicant that were not included in an application | 214 |
for a grant or loan under section 122.653 of the Revised Code or | 215 |
that
exceed the amount of the estimated total cost of the project | 216 |
included in the application. If, upon completion of a project, | 217 |
the costs of the project are less than the amounts included in the | 218 |
application, the amounts included in the application less the | 219 |
amounts of the actual costs of the project shall be credited to | 220 |
the clean Ohio revitalization fund. However, the amounts credited | 221 |
shall be equivalent in percentage to the percentage of the costs | 222 |
of the project that were to be funded by the grant or loan from | 223 |
the fund. | 224 |
(D) Grants awarded or loans made under section 122.653 of | 225 |
the Revised
Code from the clean Ohio revitalization fund shall be | 226 |
used by an
applicant only to pay the costs of the actual cleanup | 227 |
or
remediation of a brownfield and shall not be used by an | 228 |
applicant
to pay any administrative costs incurred by the | 229 |
applicant. Costs
related to the use of a certified professional | 230 |
for purposes of
section 122.654 of the Revised Code are not | 231 |
administrative costs
and may be paid with moneys from grants | 232 |
awarded or loans made under section
122.653 of the Revised Code. | 233 |
(E)
The portion of net proceeds of obligations devoted | 234 |
under division
(A) of this section for the purposes of section | 235 |
122.656 of the Revised Code shall be used to make
grants for | 236 |
assessments, cleanup or remediation of brownfields, and
public | 237 |
health projects that have been approved by the director
of | 238 |
development under that section. The
department of development | 239 |
shall
administer section 122.656 of the Revised Code in
accordance | 240 |
with
this section, policies and requirements
established under | 241 |
section
122.657
of the
Revised Code, and the
terms of agreements | 242 |
entered
into by
the
director under section
122.656 of the Revised | 243 |
Code.
The director shall not grant more than twenty-five million | 244 |
dollars
for public health projects under section 122.656 of the | 245 |
Revised
Code. | 246 |
(F) Grants awarded under section 122.656 of the Revised Code | 247 |
shall be used by an
applicant
only to pay the costs of actually | 248 |
conducting an
assessment, a cleanup or remediation of a | 249 |
brownfield, or
a public
health project
and shall not be used by an | 250 |
applicant to pay any
administrative
costs incurred by the | 251 |
applicant. Costs related to
the use of a
certified professional | 252 |
for purposes of section
122.654 of the
Revised Code are not | 253 |
administrative costs and may
be paid with
moneys from grants | 254 |
awarded under section 122.656 of
the Revised
Code. | 255 |
Sec. 126.141. Notwithstanding section 126.14 of the Revised | 267 |
Code, appropriations from the clean Ohio conservation fund created | 268 |
in section 164.27 of the Revised Code to the public works | 269 |
commission for the purpose of projects that have been approved for | 270 |
grants under sections 164.20 to 164.27 of the Revised Code shall | 271 |
be released upon the presentation of a request to release the | 272 |
moneys that is made by the commission to the director of budget | 273 |
and management. Such a release does not require the approval of | 274 |
the controlling board. | 275 |
Sec. 164.27. (A) The clean Ohio conservation fund is
hereby | 276 |
created in the state treasury. Seventy-five per cent of the net | 277 |
proceeds of obligations
issued and sold by the issuing authority | 278 |
pursuant to sections 151.01 and
151.09 of the Revised Code shall | 279 |
be deposited into the fund.
Investment earnings of the fund shall | 280 |
be credited to the fund.
For two years after the effective date of | 281 |
this section, investment earnings credited to the fund
may be used | 282 |
to pay costs incurred by the Ohio public works
commission in | 283 |
administering sections 164.20 to 164.27 of the
Revised Code. | 284 |
Moneys in the
clean Ohio
conservation fund shall be
used to
make | 285 |
grants to local
political
subdivisions and nonprofit
organizations | 286 |
for projects
that have
been approved for grants
under sections | 287 |
164.20 to 164.27
of the
Revised Code. | 288 |
(C) A grant that is awarded under sections 164.20 to 164.27 | 301 |
of the Revised Code may provide up to seventy-five per cent of the | 302 |
estimated cost of a project. Matching funds from a grant | 303 |
recipient may consist of contributions of money by any person, any | 304 |
local political subdivision, or the federal government
or of | 305 |
contributions in-kind by such entities through the purchase
or | 306 |
donation of equipment, land,
easements, interest in land,
labor, | 307 |
or
materials necessary to complete the project. | 308 |
(E) Grants awarded under sections 164.20 to 164.27 of the | 315 |
Revised Code from the clean Ohio conservation fund shall be used | 316 |
by a local political subdivision or nonprofit organization only to | 317 |
pay the costs related to the purposes for which grants may be | 318 |
issued under section 164.22 of the Revised Code and shall not be | 319 |
used by a local political subdivision or nonprofit organization to | 320 |
pay any administrative costs incurred by the local political | 321 |
subdivision or nonprofit organization. | 322 |
(1) Establish procedures and eligibility criteria for
making | 329 |
matching grants to municipal corporations, counties,
townships, | 330 |
and charitable organizations described in division (B) of
section | 331 |
5301.69 of the Revised Code for the purchase of agricultural | 332 |
easements.
With respect to agricultural easements that are | 333 |
purchased or proposed to be purchased with such matching grants | 334 |
that consist in whole or in part of moneys from the clean Ohio | 335 |
agricultural easement fund created in section 901.21 of the | 336 |
Revised Code,
the rules
shall establish all of the following: | 337 |
(b) A ranking system for applications for the matching | 347 |
grants that is based on the soil type, proximity of the land or | 348 |
other land that is conducive to agriculture as defined by rules | 349 |
adopted under this section and that
is the subject of an | 350 |
application to other agricultural land or other land that is | 351 |
conducive to agriculture as defined by rules adopted under this | 352 |
section and that
is already or is in
the process of becoming | 353 |
permanently protected
from development,
farm stewardship, | 354 |
development pressure, and, if
applicable, a
local comprehensive | 355 |
land
use plan involved with a
proposed
agricultural easement. The | 356 |
rules shall require that
preference be
given to proposed | 357 |
agricultural easements that
involve the greatest
proportion of all | 358 |
of the following: | 359 |
(ii) Land that is adjacent to or that is in close
proximity | 362 |
to other agricultural land or other land that is
conducive to | 363 |
agriculture as defined by rules adopted under this
section and | 364 |
that is already or is in the
process of becoming
permanently | 365 |
protected from development, by
agricultural easement
or otherwise, | 366 |
so that a buffer would exist
between the land
involving the | 367 |
proposed agricultural easement and
areas that have
been developed | 368 |
or likely will be developed for
purposes other than
agriculture; | 369 |
(d) Requirements regarding the information that must be | 379 |
included in the annual monitoring report that must be prepared for | 380 |
an agricultural easement under division (D)(2) of section 5301.691 | 381 |
of the Revised Code, procedures for submitting a copy of the | 382 |
report to the office of farmland preservation in the department of | 383 |
agriculture, and requirements and procedures governing corrective | 384 |
actions that may be necessary to enforce the terms of the | 385 |
agricultural easement. | 386 |
(c) A provision requiring that, upon receipt of the
portion | 404 |
of the proceeds of a sale, exchange, or involuntary
conversion | 405 |
described in division (A)(2)(b)
of this section, the municipal | 406 |
corporation, county,
township, or charitable organization remit to | 407 |
the director an amount of money
equal to the percentage of the | 408 |
cost
of purchasing the easement it received as a
matching grant | 409 |
under this section. | 410 |
(3)
Establish a provision that provides a charitable | 415 |
organization described in division (B) of section 5301.69 of the | 416 |
Revised Code, municipal corporation, township, or county with the | 417 |
option of purchasing agricultural easements either in installments | 418 |
or with a lump sum payment. The rules shall include a requirement | 419 |
that a charitable organization, municipal corporation, township, | 420 |
or county negotiate with the seller of the agricultural easement | 421 |
concerning any installment payment terms, including the dates and | 422 |
amounts of payments and the interest rate on the outstanding | 423 |
balance. The rules also shall require the director to approve any | 424 |
method of payment that is undertaken in accordance with the rules | 425 |
adopted under division (A)(3) of this section. | 426 |
(D) The director may
make matching grants from the | 444 |
agricultural
easement purchase fund
and the clean Ohio | 445 |
agricultural
easement fund to municipal corporations,
counties, | 446 |
townships, and
charitable organizations described in division
(B) | 447 |
of section
5301.69 of the Revised Code, to assist those political | 448 |
subdivisions and charitable organizations
in purchasing | 449 |
agricultural easements. Application
for a matching grant shall be | 450 |
made on forms prescribed and
provided by the director. The | 451 |
matching grants shall be made in
compliance with the criteria and | 452 |
procedures established in rules
adopted under this section. | 453 |
Instruments conveying
agricultural
easements purchased with | 454 |
matching grant funds provided under
this section, at a minimum, | 455 |
shall include the mandatory
provisions set forth in those rules. | 456 |
Matching grants made under this division using moneys from | 457 |
the clean Ohio agricultural easement fund created in section | 458 |
901.21 of the
Revised
Code may provide up to seventy-five per cent | 459 |
of the value
of an
agricultural easement as determined by a | 460 |
general real estate
appraiser who is certified under Chapter 4763. | 461 |
of the Revised
Code. Not less than twenty-five per cent of the | 462 |
value of the
agricultural easement shall be provided by the | 463 |
recipient of the
matching grant or donated by the person who is | 464 |
transferring the
easement to the grant recipient. The amount of | 465 |
such a matching
grant used for the purchase of a single | 466 |
agricultural easement
shall not exceed one million dollars. | 467 |
(E)
For any agricultural easement purchased with a matching | 468 |
grant that consists in whole or in part of moneys from the clean | 469 |
Ohio agricultural easement fund, the director shall be named as a | 470 |
grantee on the instrument conveying the easement, as shall the | 471 |
municipal corporation, county, township, or charitable | 472 |
organization that receives the grant. | 473 |
(F)(1) The director shall monitor and evaluate the | 474 |
effectiveness
and efficiency of the agricultural easement program | 475 |
as a farmland preservation
tool. On or before July 1, 1999, and | 476 |
the first day of July
of each year thereafter, the director shall | 477 |
prepare and submit a report to the
chairpersons of the standing | 478 |
committees of the senate and the house of
representatives that | 479 |
consider legislation regarding agriculture. The report
shall | 480 |
consider and address the following criteria to determine the | 481 |
program's
effectiveness: | 482 |
(2) Not less than thirty days prior to the acquisition of
an | 509 |
agricultural easement under division
(A)(1) of this section or the | 510 |
extinguishment of such an easement purchased under that
division, | 511 |
the director shall provide written notice of the intention to do | 512 |
so
to the board of county commissioners of the county in which the | 513 |
land that is
or is proposed to be subject to the easement or | 514 |
extinguishment
is located, and either to the legislative authority | 515 |
of the
municipal corporation in which the land is located, if it | 516 |
is
located in an incorporated area, or to the board of township | 517 |
trustees of the township in which the land is located, if it is | 518 |
located in an unincorporated area. If, within thirty days after | 519 |
the director provides the notice, the board of county | 520 |
commissioners, legislative authority, or board of township | 521 |
trustees requests an informational meeting with the director | 522 |
regarding the proposed acquisition or extinguishment, the
director | 523 |
shall meet with the legislative authority or board
to respond to | 524 |
the board's or authority's questions and concerns. If a meeting | 525 |
is timely requested under division
(A)(2) of this section, the | 526 |
director shall not undertake the proposed acquisition or | 527 |
extinguishment until after the meeting has been
concluded. | 528 |
The director, upon the director's own initiative and prior
to | 529 |
the purchase of an agricultural easement under
division (A)(1) of | 530 |
this section
or the extinguishment of such an easement, may hold | 531 |
an informational meeting
with the board of
county commissioners | 532 |
and the legislative authority of the
municipal corporation or | 533 |
board of township trustees in which
land that would be affected by | 534 |
the proposed
acquisition or extinguishment is located, to respond | 535 |
to any questions and
concerns of the board or authority regarding | 536 |
the
proposed acquisition or extinguishment. | 537 |
(B)(1) Subject to division (E) of this section, the | 538 |
legislative authority
of a municipal corporation, board of county | 539 |
commissioners of a
county, or board of trustees of a township, | 540 |
with moneys in the
political subdivision's general fund not | 541 |
required by law or
charter to be used for other specified purposes | 542 |
or with moneys in a special
fund of the political subdivision to | 543 |
be used for the purchase of agricultural
easements, may purchase | 544 |
agricultural easements in the name of the municipal
corporation, | 545 |
county, or township. | 546 |
(2) Subject to division (E) of this section, the legislative | 547 |
authority of a municipal corporation, board of county | 548 |
commissioners of a county, or board of township trustees of a | 549 |
township may acquire agricultural easements by
gift, devise, or | 550 |
bequest. Any terms may be included in an
agricultural easement so | 551 |
acquired that are
necessary or appropriate to preserve on behalf | 552 |
of the grantor of
the easement the favorable tax consequences of | 553 |
the gift, devise,
or bequest under the
"Internal
Revenue Act of | 554 |
1986," 100
Stat. 2085, 26 U.S.C.A.
1, as amended. | 555 |
(2) The term of an agricultural easement purchased by such a | 559 |
legislative authority or board without
the use of any money from | 560 |
the agricultural easement purchase fund may be
perpetual or for
a | 561 |
specified period. The agricultural easement shall run with the | 562 |
land. The
instrument conveying an
agricultural easement for a | 563 |
specified period shall
include provisions specifying, at a | 564 |
minimum, all of the following: | 565 |
(D)(1) The director and each
legislative authority of a | 575 |
municipal corporation, board of county
commissioners, or board of | 576 |
township trustees, upon acquiring an agricultural
easement by | 577 |
purchase, gift, devise, or bequest
under this section or section | 578 |
901.21 of the
Revised
Code, shall name an appropriate | 579 |
administrative officer, department, or division to supervise and | 580 |
enforce the easement. A legislative authority or board may enter | 581 |
into a
contract
with the board of park commissioners of a park | 582 |
district
established under Chapter 1545.
of the Revised
Code, the | 583 |
board of park
commissioners of a township park district | 584 |
established under
section 511.18 of the Revised
Code, or the board | 585 |
of
supervisors of a soil and water conservation district | 586 |
established under Chapter 1515. of the
Revised
Code having | 587 |
territorial
jurisdiction within the municipal corporation, county, | 588 |
or
township, or with a charitable organization described in | 589 |
division (B) of section 5301.69
of the Revised
Code, to supervise | 590 |
on behalf of
the legislative authority or board an agricultural | 591 |
easement so acquired. The contract may be entered into on such | 592 |
terms as are agreeable to the parties and shall specify or | 593 |
prescribe a method for determining the amounts of any payments
to | 594 |
be made by the legislative authority or board of county | 595 |
commissioners or township trustees for the performance of the | 596 |
contract. | 597 |
(2) With respect to an agricultural easement purchased with | 598 |
a matching grant that is made under division (D) of section 901.22 | 599 |
of the Revised Code and that consists in whole or in part of | 600 |
moneys from the clean Ohio agricultural easement fund created in | 601 |
section
901.21 of the
Revised Code, the recipient of the matching | 602 |
grant
shall make an
annual monitoring visit to the land that is | 603 |
the
subject of the
easement. The purpose of the visit is to | 604 |
ensure
that no
development that is prohibited by the terms of the | 605 |
easement has
occurred or is occurring. In accordance with rules | 606 |
adopted under
division (A)(1)(d) of section 901.22 of the Revised | 607 |
Code, the
grant recipient shall prepare a written annual | 608 |
monitoring report
and submit it to the office of farmland | 609 |
preservation in the
department of agriculture. If necessary to | 610 |
enforce the terms of
the easement, the grant recipient shall take | 611 |
corrective action in
accordance with those rules.
The director may | 612 |
agree to share these monitoring and enforcement responsibilities | 613 |
with the grant recipient. | 614 |
(E) The director; a municipal corporation, county, or | 615 |
township;
or a charitable organization described in division (B) | 616 |
of section
5301.69 of the Revised Code, may acquire agricultural | 617 |
easements by purchase,
gift, devise, or
bequest only on land that | 618 |
is valued for purposes of real property taxation at
its current | 619 |
value for agricultural use under section 5713.31 of the Revised | 620 |
Code
or that constitutes a homestead when the easement is granted. | 621 |
(F) An agricultural
easement acquired by the director under | 622 |
division
(A) of this section may be extinguished
if an unexpected | 623 |
change in the conditions of or
surrounding the land that is | 624 |
subject to the easement makes
impossible or impractical the | 625 |
continued use of the land for the
purposes described in the | 626 |
agricultural easement, or if the
requirements of the easement are | 627 |
extinguished by judicial
proceedings. Upon the sale, exchange, or | 628 |
involuntary conversion
of the land subject to the easement, the | 629 |
director shall be paid an amount of
money
that is at least equal | 630 |
to the
proportionate value of the easement compared to the total | 631 |
value
of the land at the time the easement was acquired. Moneys | 632 |
so received shall be credited to the agricultural easement | 633 |
purchase fund. | 634 |
An agricultural easement acquired by a municipal
corporation, | 635 |
county, or township under division
(B) of this section may be | 636 |
extinguished
under the circumstances prescribed, and in
accordance | 637 |
with the terms and conditions set forth, in the
instrument | 638 |
conveying the agricultural
easement.
An agricultural easement | 639 |
acquired by a charitable
organization described in division
(B) of | 640 |
section 5301.69 of the
Revised
Code may be extinguished under
the | 641 |
circumstances prescribed, and in accordance with the terms
and | 642 |
conditions set forth, in the instrument conveying the
agricultural | 643 |
easement. | 644 |
(G) Promptly after the
recording and indexing of an | 648 |
instrument conveying an
agricultural easement to any person or to | 649 |
a
municipal corporation, county, or township or of an instrument | 650 |
extinguishing an agricultural easement held by any
person or such | 651 |
a political subdivision, the county recorder shall
mail, by | 652 |
regular mail, a photocopy of the instrument to the office of | 653 |
farmland
preservation in the department of agriculture. The | 654 |
photocopy shall be
accompanied by an invoice for the
applicable | 655 |
fee established in section 317.32 of the
Revised Code. Promptly | 656 |
after receiving
the photocopy and invoice, the office of farmland | 657 |
preservation
shall remit the fee to the county
recorder. | 658 |
The foregoing appropriation item CAP-014, Clean Ohio Trail, | 679 |
shall be used in accordance with section 1519.05 of the
Revised | 680 |
Code. The Director of the Department of Natural Resources
may | 681 |
certify to the Director of Budget and Management that a need | 682 |
exists to appropriate investment earnings to be used in accordance | 683 |
with section 1519.05 of the Revised Code. If the
Director of | 684 |
Budget and Management determines pursuant to section
1519.05 of | 685 |
the Revised Code that investment earnings are
available to support | 686 |
additional appropriations, such amounts are
hereby appropriated. | 687 |
Within the limits set forth in this act, the Director of | 688 |
Budget and Management shall establish accounts indicating source | 689 |
and amount of funds for each appropriation made in this act, and | 690 |
shall determine the form and manner in which appropriation | 691 |
accounts shall be maintained. Expenditures from appropriations | 692 |
contained in this act shall be accounted for as though made in Am. | 693 |
Sub. H.B. 640 of the 123rd General Assembly. | 694 |
Within the limits set forth in this act, the Director of | 714 |
Budget and Management shall establish accounts indicating source | 715 |
and amount of funds for each appropriation made in this act, and | 716 |
shall determine the form and manner in which appropriation | 717 |
accounts shall be maintained. Expenditures from appropriations | 718 |
contained in this act shall be accounted for as though made in Am. | 719 |
Sub. H.B. 94 of the 124th General Assembly. | 720 |