REPRESENTATIVES Blasdel, Hollister, Setzer, Aslanides, Britton, Carmichael, Core, Fedor, Hagan, Jolivette, Lendrum, Niehaus, Redfern, Seaver, Sferra, Strahorn, White, Woodard, Sulzer, Barrett, Webster, Hoops, Reinhard, Grendell, Trakas, Williams, Schaffer, Calvert, Schmidt, Patton, Seitz, Carano, Ogg, Allen, Peterson, Ford, Jones, Distel, Oakar, Hartnett, D. Miller, Latell, Gilb, Goodman, Key, Barnes, Husted, Coates, Cirelli, Carey, DeWine, Perry, Faber, Callender, Young, Cates, DePiero, Roman, Kilbane, Krupinski, Rhine, G. Smith, S. Smith, Hughes, Evans, Manning, Schneider, Wilson, Flowers, Raga, Collier, Clancy, Metzger, Otterman, Womer Benjamin, Boccieri, Olman, Latta, Fessler, Kearns, Widowfield

To amend sections 126.11, 151.01, 164.02, 317.08,

1

901.21, 901.22, 5301.67, 5301.68, 5301.69, and

2

5301.691 and to enact sections 122.65, 122.651,

3

122.652, 122.653, 122.654, 122.655, 122.656,

4

122.657, 122.658, 122.659, 151.09, 151.40, and

5

164.20 to 164.28 of the Revised Code to provide

6

for the implementation of programs to finance

7

brownfields revitalization projects, natural

8

resource projects, and farmland preservation

9

projects through the issuance of obligations of

10

the state.

11

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

Section 1. That sections 126.11, 151.01, 164.02, 317.08,	12
901.21, 901.22, 5301.67, 5301.68, 5301.69, and 5301.691 be amended	13
and sections 122.65, 122.651, 122.652, 122.653, 122.654, 122.655,	14
122.656, 122.657, 122.658, 122.659, 151.09, 151.40, 164.20,	15
164.21, 164.22, 164.23, 164.24, 164.25, 164.26, 164.27, and 164.28	16
of the Revised Code be enacted to read as follows:	17

Sec. 122.65. As used in sections 122.65 to 122.659 of the	18
Revised Code:	19

(A) "Applicant" means a county, township, municipal	20
corporation, port authority, or conservancy district or a park	21
district, other similar park authority, nonprofit organization, or	22
organization for profit that has entered into an agreement with a	23
county, township, municipal corporation, port authority, or	24
conservancy district to work in conjunction with that county,	25
township, municipal corporation, port authority, or conservancy	26
district for the purposes of sections 122.65 to 122.658 of the	27
Revised Code.	28

(B) "Assessment" means a phase I and phase II property	29
assessment conducted in accordance with section 3746.04 of the	30
Revised Code and rules adopted under that section.	31

(C) "Brownfield" means an abandoned, idled, or under-used	32
industrial or commercial property where expansion or redevelopment	33
is complicated by known or potential contamination by hazardous	34
substances or petroleum.	35

(D) "Certified professional," "hazardous substances," and	36
"petroleum" have the same meanings as in section 3746.01 of the	37
Revised Code.	38

(E) "Cleanup or remediation" means any action to contain,	39
remove, or dispose of hazardous substances or petroleum at a	40
brownfield. "Cleanup or remediation" includes the acquisition of	41
a brownfield, demolition performed at a brownfield, and the	42
installation or upgrade of the minimum amount of infrastructure	43
that is necessary to make a brownfield operational for economic	44
development activity.	45

(F) "Cleanup standards" means the cleanup standards that are	46
established in rules adopted under section 3746.04 of the Revised	47
Code.	48

(G) "Distressed area" means either a municipal corporation	49
with a population of at least fifty thousand or a county that	50
meets any two of the following criteria:	51

(1) Its average rate of unemployment, during the most recent	52
five-year period for which data are available, is equal to at	53
least one hundred twenty-five per cent of the average rate of	54
unemployment for the United States for the same period.	55

(2) It has a per capita income equal to or below eighty per	56
cent of the median county per capita income of the United States	57
as determined by the most recently available figures from the	58
United States census bureau.	59

(3)(a) In the case of a municipal corporation, at least	60
twenty per cent of the residents have a total income for the most	61
recent census year that is below the official poverty line.	62

(b) In the case of a county, in intercensal years, the county	63
has a ratio of transfer payment income to total county income	64
equal to or greater than twenty-five per cent.	65

"Distressed area" includes a municipal corporation the	66
majority of the population of which is situated in a county that	67
is a distressed area.	68

(H) "Eligible area" means a distressed area, an inner city	69
area, a labor surplus area, or a situational distress area.	70

(I) "Inner city area" means an area in a municipal	71
corporation that has a population of at least one hundred	72
thousand, is not a labor surplus area, and is a targeted	73
investment area established by the municipal corporation that is	74
comprised of block tracts identified in the most recently	75
available figures from the United States census bureau in which at	76
least twenty per cent of the population in the area is at or below	77
the official poverty line or of contiguous block tracts meeting	78
those criteria.	79

(J) "Integrating committee" means a district public works	80
integrating committee established under section 164.04 of the	81
Revised Code.	82

(K) "Labor surplus area" means an area designated as a labor	83
surplus area by the United States department of labor.	84

(L) "No further action letter" means a letter that is	85
prepared by a certified professional when, on the basis of the	86
best knowledge, information, and belief of the certified	87
professional, the certified professional concludes that the	88
cleanup or remediation of a brownfield meets the applicable	89
cleanup standards and that contains all of the information	90
specified in rules adopted under division (B)(7) of section	91
3746.04 of the Revised Code.	92

(M) "Nonprofit organization" means a corporation,	93
association, group, institution, society, or other organization	94
that is exempt from federal income taxation under section	95
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,	96
26 U.S.C. 501(c)(3), as amended.	97

(N) "Property" means any parcel of real property, or portion	98
of such a parcel, and any improvements to it.	99

(O) "Official poverty line" has the same meaning as in	100
section 3923.51 of the Revised Code.	101

(P) "Situational distress area" means a county or a	102
municipal corporation that has experienced or is experiencing a	103
closing or downsizing of a major employer that will adversely	104
affect the county or municipal corporation's economy and that has	105
applied to the director of development to be designated as a	106
situational distress area for not more than thirty months by	107
demonstrating all the following:	108

(1) The number of jobs lost by the closing or downsizing;

109

(2) The impact that the job loss has on the county or	110
municipal corporation's unemployment rate as measured by the	111
director of job and family services;	112

(3) The annual payroll associated with the job loss;

113

(4) The amount of state and local taxes associated with the	114
job loss;	115

(5) The impact that the closing or downsizing has on	116
suppliers located in the county or municipal corporation.	117

Sec. 122.651. (A) There is hereby created the clean Ohio	118
council consisting of the director of development or the	119
director's designee, the director of environmental protection or	120
the director's designee, one member of the majority party of the	121
senate and one member of the minority party of the senate to be	122
appointed by the president of the senate, one member of the	123
majority party of the house of representatives and one member of	124
the minority party of the house of representatives to be appointed	125
by the speaker of the house of representatives, and seven members	126
to be appointed by the governor with the advice and consent of the	127
senate. Of the members appointed by the governor, one shall	128
represent the interests of counties, one shall represent the	129
interests of townships, one shall represent the interests of	130
municipal corporations, two shall represent the interests of	131
business and development, and two shall represent statewide	132
environmental advocacy organizations. The members appointed by	133
the governor shall reflect the demographic and economic diversity	134
of the population of the state. Additionally, the governor's	135
appointments shall represent all areas of the state. All	136
appointments to the council shall be made not later than sixty	137
days after the effective date of this section.	138

(B) The members appointed by the president of the senate and	139
the house of representatives shall serve at the pleasure of their	140
appointing authorities. Of the initial members appointed by the	141
governor to the clean Ohio council, four shall be appointed for	142
two years and three shall be appointed for one year. Thereafter,	143
terms of office for members appointed by the governor shall be for	144
two years, with each term ending on the same day of the same month	145
as did the term that it succeeds. Each of those members shall	146
hold office from the date of appointment until the end of the term	147
for which the member is appointed.	148

Members may be reappointed. Vacancies shall be filled in the	149
same manner as provided for original appointments. Any member	150
appointed to fill a vacancy occurring prior to the expiration date	151
of the term for which the member was appointed shall hold office	152
for the remainder of that term. A member shall continue in office	153
after the expiration date of the member's term until the member's	154
successor takes office or until a period of sixty days has	155
elapsed, whichever occurs first. The governor may remove a member	156
appointed by the governor for misfeasance, nonfeasance, or	157
malfeasance in office.	158

(C) The director of development shall serve as the	159
chairperson of the clean Ohio council. The council annually shall	160
select from among its members a vice-chairperson and a secretary	161
to keep a record of its proceedings. A majority vote of a quorum	162
of the members of the council is necessary to take action on any	163
matter. The council may adopt bylaws governing its operation,	164
including bylaws that establish the frequency of meetings,	165
procedures for reviewing eligible projects under sections 122.65	166
to 122.658 of the Revised Code and policies and requirements	167
established under section 122.657 of the Revised Code, and other	168
necessary procedures.	169

(D) Serving as a member of the clean Ohio council does not	170
constitute holding a public office or position of employment under	171
the laws of this state and does not constitute grounds for removal	172
of public officers or employees from their offices or positions of	173
employment. Members of the council shall serve without	174
compensation for attending council meetings.	175

(E) Members appointed by the governor shall not have a	176
conflict of interest with the position. For the purposes of this	177
division, "conflict of interest" means the taking of any action	178
that violates any provision of Chapter 102. or 2921. of the	179
Revised Code.	180

(F) The department of development shall provide office space	181
for the council. The council shall be assisted in its duties by	182
the staff of the department of development and the environmental	183
protection agency.	184

(G) Sections 101.82 to 101.87 of the Revised Code do not	185
apply to the clean Ohio council.	186

Sec. 122.652. (A) An applicant seeking a grant for a	187
brownfield cleanup or remediation project from the clean Ohio	188
revitalization fund created in section 122.658 of the Revised Code	189
shall request an application form from the appropriate integrating	190
committee with geographical jurisdiction over the project for	191
which a grant is sought. The applicant shall complete the	192
application and include all of the information required by	193
sections 122.65 to 122.658 of the Revised Code and policies and	194
requirements established under section 122.657 of the Revised	195
Code.	196

After completion of the application, but prior to the	197
submission of the application to the integrating committee under	198
division (B) of this section, the applicant shall conduct a public	199
meeting concerning the application. Not later than forty-five	200
days prior to conducting the public meeting, the applicant shall	201
provide notice of the date and time of the public meeting in a	202
newspaper of general circulation in the county in which the	203
property that is the subject of the application is located. In	204
addition, not later than forty-five days prior to the hearing, the	205
applicant shall post notice of the date and time of the public	206
meeting at the property on a sign that measures not less four feet	207
by four feet or, if the political subdivision in which the sign is	208
to be posted prohibits a sign of that size, the maximum size of	209
sign permitted by that political subdivision.	210

In addition, not later than forty-five days prior to the	211
public meeting, the applicant shall provide a copy of the	212
application to a public library in the vicinity of the property	213
for public review. The submission of the application and the	214
location of the public library shall be included in the notice	215
required under this division. The general public may submit	216
comments to the applicant concerning the application prior to and	217
at the public meeting.	218

(B) An applicant shall submit a completed application, all	219
required information, and an application summary to the	220
appropriate integrating committee. Based on a review of the	221
application summaries submitted to it, an integrating committee	222
shall prioritize all applications in accordance with criteria and	223
procedures established pursuant to section 122.657 of the Revised	224
Code. The integrating committee shall choose not more than six	225
applications that it determines merit funding and shall forward	226
those applications and all accompanying information to the clean	227
Ohio council. In prioritizing and choosing applications under	228
this division, an integrating committee shall consult with local	229
and regional economic development agencies or resources, community	230
development agencies or organizations, local business	231
organizations, and other appropriate entities located or operating	232
in the geographic jurisdiction of the integrating committee.	233

(C) The clean Ohio council shall supply application forms to	234
each integrating committee.	235

Sec. 122.653. (A) Upon receipt of an application from an	236
integrating committee, the clean Ohio council shall examine the	237
application and all accompanying information to determine if the	238
application is complete. If the council determines that the	239
application is not complete, the council immediately shall notify	240
the applicant that the application is not complete, provide a	241
description of the information that is missing from the	242
application, and return the application and all accompanying	243
information to the applicant. The applicant may resubmit the	244
application directly to the council.	245

(B) The council shall approve or disapprove in writing	246
applications submitted to it by integrating committees for grants	247
from the clean Ohio revitalization fund. The council shall not	248
approve a project that fails to comply with the requirements	249
established in sections 122.65 to 122.658 of the Revised Code and	250
policies and requirements established under section 122.657 of the	251
Revised Code. The council also shall not approve a project if the	252
applicant caused or contributed to the contamination at the	253
property. In approving or disapproving applications, the council	254
shall use the selection process established in policies and	255
requirements established under section 122.657 of the Revised Code	256
and shall ensure that minority and low-income communities are not	257
disproportionately affected by the failure to thoroughly clean up	258
and redevelop brownfields.	259

(C) If the council approves an application under this	260
section, the council shall enter into an agreement with the	261
applicant to award a grant for the applicant's brownfield cleanup	262
or remediation project. The agreement shall be executed prior to	263
the payment or disbursement of any funds approved by the council	264
under this section. The agreement shall contain, at a minimum,	265
all of the following:	266

(1) The designation of a single officer or employee of the	267
applicant who will serve as project manager;	268

(2) Procedures for the payment or disbursement of funds from	269
the grant to the applicant;	270

(3) A designation of the percentage of the estimated total	271
cost of the project for which the grant will provide funding,	272
which shall not exceed seventy-five per cent of that cost as	273
provided in section 122.658 of the Revised Code;	274

(4) A description of the manner by which the applicant will	275
provide the remainder of the estimated total cost of the project,	276
which shall equal at least twenty-five per cent of that cost as	277
provided in section 122.658 of the Revised Code;	278

(5) An assurance that the applicant will clean up or	279
remediate the brownfield to the applicable cleanup standards;	280

(6) A provision for the reimbursement of grant moneys if the	281
completed project does not comply with the applicable cleanup	282
standards;	283

(7) Any other provisions that the council considers necessary	284
in order to ensure that the project's implementation will comply	285
with the requirements established in sections 122.65 to 122.658 of	286
the Revised Code and policies and requirements established under	287
section 122.657 of the Revised Code.	288

(D) If the council executes an agreement under this section,	289
the council shall forward a copy of the agreement to the	290
department of development for the purposes of section 122.658 of	291
the Revised Code.	292

(E) A grant may be awarded for a project under this section	293
to an applicant to pay the costs of cleanup or remediation of a	294
brownfield in order to comply with any applicable cleanup	295
standards.	296

Sec. 122.654. (A) An applicant who has entered into an	297
agreement with the clean Ohio council under section 122.653 of the	298
Revised Code shall employ a certified professional to determine if	299
the brownfield cleanup or remediation project complies with	300
applicable cleanup standards. The certified professional shall	301
make this determination in accordance with Chapter 3746. of the	302
Revised Code and rules adopted under it. When the certified	303
professional determines that the cleanup or remediation complies	304
with the applicable cleanup standards, the certified professional	305
shall prepare a no further action letter.	306

Upon completion of a no further action letter, the certified	307
professional shall send a copy of the letter to the applicant. The	308
letter shall be accompanied by both of the following:	309

(1) A written request that the applicant notify the certified	310
professional as to whether the applicant wishes to submit the no	311
further action letter to the director of environmental protection;	312

(2) A written notice informing the applicant that the	313
original no further action letter may be submitted to the director	314
only by a certified professional and that the person may receive a	315
covenant not to sue under Chapter 3746. of the Revised Code and	316
rules adopted under it in connection with the cleanup or	317
remediation only if the no further action letter is submitted to	318
the director on the applicant's behalf by the certified	319
professional.	320

In addition, the certified professional shall send a copy of	321
the no further action letter to the clean Ohio council.	322

Promptly after receipt of the letter, request, and notice,	323
the applicant shall send written notice to the certified	324
professional informing the certified professional as to whether	325
the applicant wishes to submit the no further action letter to the	326
director and shall send a copy of the notice to the clean Ohio	327
council. If the applicant's notice indicates that the applicant	328
wishes to have the no further action letter submitted to the	329
director, promptly after receipt of the notice, the certified	330
professional shall submit the original no further action letter to	331
the director by certified mail on behalf of the applicant. In	332
addition, the certified professional shall send written notice to	333
the clean Ohio council informing the council that the original no	334
further action letter has been submitted to the director. If the	335
applicant notifies the certified professional that the applicant	336
does not wish to submit the no further action letter to the	337
director, the certified professional shall send the original no	338
further action letter to the applicant promptly after receiving	339
the notice.	340

(B) If the certified professional determines that the	341
cleanup or remediation does not comply with applicable cleanup	342
standards, the certified professional shall send to the applicant	343
and the clean Ohio council written notice of that fact and of the	344
certified professional's inability to issue a no further action	345
letter for the property.	346

(C) If the director receives an original no further action	347
letter from a certified professional on behalf of an applicant,	348
the director shall issue or deny a covenant not to sue in	349
accordance with Chapter 3746. of the Revised Code and rules	350
adopted under it except as otherwise specifically provided under	351
sections 122.65 to 122.659 of the Revised Code.	352

(D) A certified professional shall maintain all documents	353
and data prepared or acquired by the certified professional in	354
connection with a cleanup or remediation for not less than ten	355
years after the date of issuance of a no further action letter or	356
after the notice required under division (B) of this section has	357
been sent, whichever is applicable. The clean Ohio council may	358
request a certified professional to provide the council with	359
documents and data for purposes of verifying that the issuance of	360
or inability to issue a no further action letter by the certified	361
professional under sections 122.65 to 122.659 of the Revised Code	362
was appropriate. In addition, if the applicant requested the	363
certified professional to send the original no further action	364
letter to the director, the director shall have access to those	365
documents and data for purposes of the issuance or denial of a	366
covenant not to sue under Chapter 3746. of the Revised Code and	367
rules adopted under it.	368

Sec. 122.655. (A) A no further action letter issued under	369
section 122.654 of the Revised Code, a covenant not to sue issued	370
under Chapter 3746. of the Revised Code and rules adopted under	371
it, if applicable, and any restrictions on the use of the property	372
that are needed in order to comply with the applicable cleanup	373
standards as determined by the director of environmental	374
protection shall be filed by the applicant in the office of the	375
county recorder of the county in which the property is located and	376
shall be recorded in the same manner as a deed to the property.	377

No applicant shall fail to comply with this division.

378

(B) Pursuant to Chapter 5309. of the Revised Code, a no	379
further action letter issued under section 122.654 of the Revised	380
Code, a covenant not to sue issued under Chapter 3746. of the	381
Revised Code and rules adopted under it, if applicable, and any	382
restrictions on the use of the property, as described in division	383
(A) of this section, in connection with registered land, as	384
defined in section 5309.01 of the Revised Code, shall be entered	385
as a memorial on the page of the register where the title of the	386
owner is registered.	387

Sec. 122.656. (A) An applicant that is in an eligible area	388
may submit an application on a form prescribed by the director of	389
development to request moneys from the clean Ohio assistance fund	390
to pay for the cost of an assessment that is required for purposes	391
of sections 122.65 to 122.658 of the Revised Code, the cleanup or	392
remediation of a brownfield, or public health emergencies related	393
to water supply contamination from hazardous substances or	394
petroleum.	395

(B) Upon receipt of an application, the director shall	396
examine the application and all accompanying information to	397
determine if the application is complete. If the director	398
determines that the application is not complete, the director	399
immediately shall notify the applicant that the application is not	400
complete, provide a description of the information that is missing	401
from the application, and return the application and all	402
accompanying information to the applicant. The applicant may	403
resubmit the application.	404

(C) The director shall approve or disapprove in writing	405
applications submitted for grants from the clean Ohio assistance	406
fund under this section. The director shall not approve an	407
application that fails to comply with the policies and	408
requirements established under section 122.657 of the Revised	409
Code and under this section. In approving or disapproving	410
applications, the director shall use the criteria established	411
pursuant to section 122.657 of the Revised Code. Prior to the	412
approval or disapproval of an application under this section, the	413
director shall notify the clean Ohio council of the pending	414
approval or disapproval.	415

(D) If the director approves an application under this	416
section, the director shall enter into an agreement with the	417
applicant to award a grant to the applicant. The agreement shall	418
be executed prior to the payment or disbursement of any funds	419
approved by the director under this section.	420

(E) If the director executes an agreement under this	421
section, the director shall forward a copy of the agreement to the	422
clean Ohio council for the purposes of sections 122.65 to 122.658	423
of the Revised Code.	424

Sec. 122.657.  For the purposes of sections 122.65 to 122.658	425
of the Revised Code, the director of development shall establish	426
policies and requirements regarding all of the following:	427

(A) The form and content of applications for grants from the	428
clean Ohio revitalization fund under section 122.652 of the	429
Revised Code. The policies and requirements shall require that	430
each application include, at a minimum, all of the following:	431

(1) The name, address, and telephone number of the applicant;

432

(2) The legal description of the property for which the grant	433
is requested;	434

(3) A detailed description of the contamination caused by	435
hazardous substances or petroleum at the brownfield that includes	436
an explanation of the source of the contamination at the property	437
as determined by an assessment, a certified copy of the results of	438
the assessment, and an identification of the parties that caused	439
the contamination, if known;	440

(4) A detailed explanation of the proposed cleanup or	441
remediation of the brownfield, including an identification of the	442
applicable cleanup standards, and a detailed description of the	443
proposed use of the brownfield after completion of the cleanup or	444
remediation;	445

(5) An estimate of the total cost to clean up or remediate	446
the brownfield in order to comply with the applicable cleanup	447
standards. The total cost shall include the cost of employing a	448
certified professional under section 122.654 of the Revised Code.	449

(6) A detailed explanation of the portion of the estimated	450
total cost of the cleanup or remediation of the brownfield that	451
the applicant proposes to provide as required under sections	452
122.653 and 122.658 of the Revised Code and financial records	453
supporting the proposal;	454

(7) A certified copy of a resolution or ordinance approving	455
the project that the applicant shall obtain from the board of	456
township trustees of the township or the legislative authority of	457
the municipal corporation in which the property is located,	458
whichever is applicable;	459

(8) A description of the estimated economic benefit that will	460
result from a cleanup or remediation of the brownfield;	461

(9) An application summary for purposes of review by an	462
integrating committee under division (B) of section 122.652 of the	463
Revised Code;	464

(10) Any other provisions that the director determines should	465
be included in an application.	466

(B) Procedures for conducting public meetings and providing	467
public notice under division (A) of section 122.652 of the Revised	468
Code;	469

(C) Criteria to be used by integrating committees when	470
prioritizing projects under division (B) of section 122.652 of the	471
Revised Code. The policies and requirements also shall establish	472
procedures that integrating committees shall use in applying the	473
criteria.	474

(D) A selection process that provides for the prioritization	475
of brownfield cleanup or remediation projects for which grant	476
applications are submitted under section 122.652 of the Revised	477
Code. The policies and requirements shall require the selection	478
process to give priority to projects in which the post-cleanup or	479
remediation use will be for a combination of residential,	480
commercial, or industrial purposes, which may include the	481
conversion of a portion of a brownfield to a recreation, park, or	482
natural area that is integrated with the residential, commercial,	483
or industrial use of the brownfield after cleanup or remediation,	484
or will incorporate projects that are funded by grants awarded	485
under sections 164.20 to 164.27 of the Revised Code. The policies	486
and requirements shall require the selection process to	487
incorporate and emphasize all of the following factors:	488

(1) The potential economic benefit that will result from the	489
cleanup or remediation of a brownfield;	490

(2) The potential environmental improvement that will result	491
from the cleanup or remediation of a brownfield;	492

(3) The amount and nature of the match provided by an	493
applicant as required under sections 122.653 and 122.658 of the	494
Revised Code;	495

(4) Funding priorities recommended by integrating committees	496
under division (B) of section 122.652 of the Revised Code;	497

(5) Any other factors that the director considers	498
appropriate.	499

(E) The development of criteria that the director shall use	500
when awarding grants under section 122.656 of the Revised Code and	501
any other policies and requirements that the director determines	502
are necessary for the administration of that section;	503

(F) The development of a brownfield cleanup and remediation	504
oversight program to ensure compliance with sections 122.65 to	505
122.658 of the Revised Code and policies and requirements	506
established under this section. The policies and requirements	507
shall require the program to include, at a minimum, both of the	508
following:	509

(1) Procedures for the accounting of invoices and receipts	510
and any other documents that are necessary to demonstrate that a	511
cleanup or remediation was properly performed;	512

(2) Procedures that are necessary to provide a detailed	513
explanation of the status of the property five years after the	514
completed cleanup or remediation.	515

(G) A delineation of what constitutes administrative costs	516
for purposes of divisions (C) and (E) of section 122.658 of the	517
Revised Code;	518

(H) Any other policies and requirements that the director	519
determines are necessary for the administration of sections 122.65	520
to 122.658 of the Revised Code.	521

Sec. 122.658. (A) The clean Ohio revitalization fund is	522
hereby created in the state treasury. The fund shall consist of	523
moneys credited to it pursuant to section 151.40 of the Revised	524
Code and shall be used to make grants for projects that have been	525
approved by the clean Ohio council in accordance with section	526
122.653 of the Revised Code, except that the council annually	527
shall transfer five million dollars from the clean Ohio	528
revitalization fund to the clean Ohio assistance fund created in	529
division (C) of this section.	530

Moneys in the clean Ohio revitalization fund may be used to	531
pay reasonable costs incurred by the council in administering	532
sections 122.65 to 122.658 of the Revised Code. All investment	533
earnings of the fund shall be credited to the fund. Investment	534
earnings credited to the clean Ohio revitalization fund that	535
exceed the amounts required to meet estimated federal arbitrage	536
requirements shall be used to pay costs incurred by the department	537
of development and the environmental protection agency pursuant to	538
sections 122.65 to 122.658 of the Revised Code. The council may	539
transfer any remaining investment earnings in the fund to the	540
clean Ohio assistance fund, but the balance in the clean Ohio	541
assistance fund as a result of the transfer shall not exceed ten	542
million dollars.	543

The department of development shall administer the clean Ohio	544
revitalization fund in accordance with this section, policies and	545
requirements established under section 122.657 of the Revised	546
Code, and the terms of agreements entered into by the council	547
under section 122.653 of the Revised Code.	548

(B) Grants awarded under section 122.653 of the Revised Code	549
shall provide not more than seventy-five per cent of the estimated	550
total cost of a project. A grant to any one project shall not	551
exceed three million dollars. An applicant shall provide at least	552
twenty-five per cent of the estimated total cost of a project. The	553
applicant's share may consist of one or a combination of any of	554
the following:	555

(1) Payment of the cost of acquiring the property for the	556
purposes of sections 122.65 to 122.658 of the Revised Code;	557

(2) Payment of the reasonable cost of an assessment at the	558
property;	559

(3) The reasonable value, as determined by the council, of	560
labor and materials that will be contributed by the applicant in	561
performing the cleanup or remediation;	562

(4) Moneys received by the applicant in any form for use in	563
performing the cleanup or remediation;	564

(5) Loans secured by the applicant for the purpose of the	565
cleanup or remediation of the brownfield.	566

Costs that were incurred more than two years prior to the	567
submission of an application to the clean Ohio council for the	568
acquisition of property, assessments, and labor and materials	569
shall not be used as part of the applicant's matching share.	570

(C) The department of development shall not make any payment	571
to an applicant from the clean Ohio revitalization fund to pay	572
costs of the applicant that were not included in an application	573
for a grant under section 122.653 of the Revised Code or that	574
exceed the amount of the estimated total cost of the project	575
included in the application. If, upon completion of a project,	576
the costs of the project are less than the amounts included in the	577
application, the amounts included in the application less the	578
amounts of the actual costs of the project shall be credited to	579
the clean Ohio revitalization fund. However, the amounts credited	580
shall be equivalent in percentage to the percentage of the costs	581
of the project that were to be funded by the grant from the fund.	582

(D) Grants awarded under section 122.653 of the Revised	583
Code from the clean Ohio revitalization fund shall be used by an	584
applicant only to pay the costs of the actual cleanup or	585
remediation of a brownfield and shall not be used by an applicant	586
to pay any administrative costs incurred by the applicant. Costs	587
related to the use of a certified professional for purposes of	588
section 122.654 of the Revised Code are not administrative costs	589
and may be paid with moneys from grants awarded under section	590
122.653 of the Revised Code.	591

(E) The clean Ohio assistance fund is hereby created in	592
the state treasury. The fund shall consist of moneys transferred	593
to it under division (A) of this section and shall be used to make	594
grants for assessments, cleanup or remediation of brownfields, and	595
public health emergencies that have been approved by the director	596
of development under section 122.656 of the Revised Code. All	597
investment earnings of the fund shall be credited to the fund. The	598
department of development shall administer the fund in accordance	599
with this section, policies and requirements established under	600
section 122.657 of the Revised Code, and the terms of agreements	601
entered into by the director under section 122.656 of the Revised	602
Code.	603

(F) Grants awarded under section 122.656 of the Revised Code	604
from the clean Ohio assistance fund shall be used by an applicant	605
only to pay the costs of actually conducting an assessment,	606
conducting a cleanup or remediation of a brownfield, or addressing	607
a public health emergency related to water supply contamination	608
and shall not be used by an applicant to pay any administrative	609
costs incurred by the applicant. Costs related to the use of a	610
certified professional for purposes of section 122.654 of the	611
Revised Code are not administrative costs and may be paid with	612
moneys from grants awarded under section 122.656 of the Revised	613
Code.	614

Sec. 122.659. (A) Nothing in sections 122.65 to 122.658 of	615
the Revised Code, nor any agreement entered into under those	616
sections, shall be construed to amend, modify, repeal, or	617
otherwise alter any other provision of the Revised Code relating	618
to administrative, civil, or criminal penalties, or enforcement	619
actions and remedies available to the environmental protection	620
agency, or in any way amend, modify, repeal, or alter the	621
authority of that agency to bring administrative, civil, or	622
criminal actions under any provision of the Revised Code.	623

(B) Nothing in sections 122.65 to 122.658 of the Revised Code	624
shall affect the ability or authority of any person that is	625
undertaking or has undertaken investigation or remediation	626
activities at a brownfield under those sections to seek cost	627
recovery or contributions from or any relief available against any	628
person who may have liability with respect to the brownfield.	629

(C) Decisions of the clean Ohio council, integrating	630
committees, the environmental protection agency, and the	631
department of development concerning applications for grant	632
funding under sections 122.65 to 122.658 of the Revised Code are	633
effective without a prior hearing under Chapter 119. of the	634
Revised Code and are not appealable under that chapter or under	635
any other provision of the Revised Code.	636

(D) Nothing in sections 122.65 to 122.658 of the Revised Code	637
shall create or be construed as creating a cause of action against	638
any member, officer, or employee of the clean Ohio council,	639
integrating committees, the environmental protection agency, or	640
the department of development or a substantive legal right in	641
favor of any applicant for a grant under those sections.	642

Sec. 126.11.  (A)(1) The director of budget and management	643
shall, upon consultation with the treasurer of state, coordinate	644
and approve the scheduling of initial sales of publicly offered	645
securities of the state and of publicly offered fractionalized	646
interests in or securitized issues of public obligations of the	647
state. The director shall from time to time develop and	648
distribute to state issuers an approved sale schedule for each of	649
the obligations covered by division (A) or (B) of this section.	650
Division (A) of this section applies only to those obligations on	651
which the state or a state agency is the direct obligor or obligor	652
on any backup security or related credit enhancement facility or	653
source of money subject to state appropriations that is intended	654
for payment of those obligations.	655

(2) The issuers of obligations pursuant to section 151.03,	656
151.04, 151.05, or 151.07, or 151.09 or Chapter 152. of the	657
Revised Code shall submit to the director:	658

(a) For review and approval: the projected sale date,	659
amount, and type of obligations proposed to be sold; their	660
purpose, security, and source of payment; and the proposed	661
structure and maturity schedule;	662

(b) For review and comment: the authorizing order or	663
resolution; preliminary and final offering documents; method of	664
sale; preliminary and final pricing information; and any written	665
reports or recommendations of financial advisors or consultants	666
relating to those obligations;	667

(c) Promptly after each sale of those obligations: final	668
terms, including sale price, maturity schedule and yields, and	669
sources and uses; names of the original purchasers or	670
underwriters; a copy of the final offering document and of the	671
transcript of proceedings; and any other pertinent information	672
requested by the director.	673

(3) The issuer of obligations pursuant to section 151.06 or,	674
151.08, or 151.40 or Chapter 154. of the Revised Code shall	675
submit to the director:	676

(a) For review and mutual agreement: the projected sale	677
date, amount, and type of obligations proposed to be sold; their	678
purpose, security, and source of payment; and the proposed	679
structure and maturity schedule;	680

(b) For review and comment: the authorizing order or	681
resolution; preliminary and final offering documents; method of	682
sale; preliminary and final pricing information; and any written	683
reports or recommendations of financial advisors or consultants	684
relating to those obligations;	685

(c) Promptly after each sale of those obligations: final	686
terms, including sale price, maturity schedule and yields, and	687
sources and uses; names of the original purchasers or	688
underwriters; a copy of the final offering document and of the	689
transcript of proceedings; and any other pertinent information	690
requested by the director.	691

(4) The issuers of obligations pursuant to Chapter 166.,	692
4981., 5540., or 6121., or section 5531.10, of the Revised Code	693
shall submit to the director:	694

(a) For review and comment: the projected sale date, amount,	695
and type of obligations proposed to be sold; the purpose,	696
security, and source of payment; and preliminary and final	697
offering documents;	698

(b) Promptly after each sale of those obligations: final	699
terms, including a maturity schedule; names of the original	700
purchasers or underwriters; a copy of the complete continuing	701
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	702
rule as from time to time in effect; and any other pertinent	703
information requested by the director.	704

(5) Not later than thirty days after the end of a fiscal	705
year, each issuer of obligations subject to divisions (A) and (B)	706
of this section shall submit to the director and to the treasurer	707
of state a sale plan for the then current fiscal year for each	708
type of obligation, projecting the amount and term of each	709
issuance, the method of sale, and the month of sale.	710

(B) Issuers of obligations pursuant to section 3318.085 or	711
Chapter 175., 3366., 3706., 3737., 5537., 6121., or 6123. of	712
the Revised Code shall submit to the director copies of the	713
preliminary and final offering documents upon their availability	714
if not previously submitted pursuant to division (A) of this	715
section.	716

(C) Not later than the first day of January of each year,	717
every state agency obligated to make payments on outstanding	718
public obligations with respect to which fractionalized interests	719
have been publicly issued, such as certificates of participation,	720
shall submit a report to the director of the amounts payable from	721
state appropriations under those public obligations during the	722
then current and next two fiscal years, identifying the	723
appropriation or intended appropriation from which payment is	724
expected to be made.	725

(D)(1) Information relating generally to the historic,	726
current, or future demographics or economy or financial condition	727
or funds or general operations of the state, and descriptions of	728
any state contractual obligations relating to public obligations,	729
to be contained in any offering document, continuing disclosure	730
document, or written presentation prepared, approved, or provided,	731
or committed to be provided, by an issuer in connection with the	732
original issuance and sale of, or rating, remarketing, or credit	733
enhancement facilities relating to, public obligations referred to	734
in division (A) of this section shall be approved as to format and	735
accuracy by the director before being presented, published, or	736
disseminated in preliminary, draft, or final form, or publicly	737
filed in paper, electronic, or other format.	738

(2) Except for information described in division (D)(1) of	739
this section that is to be contained in an offering document,	740
continuing disclosure document, or written presentation, division	741
(D)(1) of this section does not inhibit direct communication	742
between an issuer and a rating agency, remarketing agent, or	743
credit enhancement provider concerning an issuance of public	744
obligations referred to in division (A) of this section or matters	745
associated with that issuance.	746

(3) The materials approved and provided pursuant to division	747
(D) of this section are the information relating to the particular	748
subjects provided by the state or state agencies that are required	749
or contemplated by any applicable state or federal securities laws	750
and any commitments by the state or state agencies made under	751
those laws. Reliance for the purpose should not be placed on any	752
other information publicly provided, in any format including	753
electronic, by any state agency for other purposes, including	754
general information provided to the public or to portions of the	755
public. A statement to that effect shall be included in those	756
materials so approved or provided.	757

(E) Issuers of obligations referred to in division (A) of	758
this section may take steps, by formal agreement, covenants in the	759
proceedings, or otherwise, as may be necessary or appropriate to	760
comply or permit compliance with applicable lawful disclosure	761
requirements relating to those obligations, and may, subject to	762
division (D) of this section, provide, make available, or file	763
copies of any required disclosure materials as necessary or	764
appropriate. Any such formal agreement or covenant relating to	765
subjects referred to in division (D) of this section, and any	766
description of that agreement or covenant to be contained in any	767
offering document, shall be approved by the director before being	768
entered into or published or publicly disseminated in preliminary,	769
draft, or final form or publicly filed in paper, electronic, or	770
other format. The director shall be responsible for making all	771
filings in compliance with those requirements relating to direct	772
obligations of the state, including fractionalized interests in	773
those obligations.	774

(F) No state agency or official shall, without the approval	775
of the director of budget and management, do either of the	776
following:	777

(1) Enter into or commit to enter into a public obligation	778
under which fractionalized interests in the payments are to be	779
publicly offered, which payments are anticipated to be made from	780
money from any source appropriated or to be appropriated by the	781
general assembly or in which the provision stated in section 9.94	782
of the Revised Code is not included;	783

(2) Except as otherwise expressly authorized for the purpose	784
by law, agree or commit to provide, from money from any source to	785
be appropriated in the future by the general assembly, financial	786
assistance to or participation in the costs of capital facilities,	787
or the payment of debt charges, directly or by way of a credit	788
enhancement facility, a reserve, rental payments, or otherwise, on	789
obligations issued to pay costs of capital facilities.	790

(G) As used in this section, "credit enhancement	791
facilities," "debt charges," "fractionalized interests in public	792
obligations," "obligor," "public issuer," and "securities" have	793
the same meanings as in section 133.01 of the Revised Code;	794
"public obligation" has the same meaning as in division (GG)(2) of	795
section 133.01 of the Revised Code; "obligations" means securities	796
or public obligations or fractionalized interests in them;	797
"issuers" means issuers of securities or state obligors on public	798
obligations; "offering document" means an official statement,	799
offering circular, private placement memorandum, or prospectus, or	800
similar document; and "director" means the director of budget and	801
management or the employee of the office of budget and management	802
designated by the director for the purpose.	803

Sec. 151.01.  (A) As used in sections 151.01 to 151.08	804
151.09 and 151.40 of the Revised Code and in the applicable bond	805
proceedings unless otherwise provided:	806

(1) "Bond proceedings" means the resolutions, orders,	807
agreements, and credit enhancement facilities, and amendments and	808
supplements to them, or any one or more or combination of them,	809
authorizing, awarding, or providing for the terms and conditions	810
applicable to or providing for the security or liquidity of, the	811
particular obligations, and the provisions contained in those	812
obligations.	813

(2) "Bond service fund" means the respective bond service	814
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07, or	815
151.08, 151.09, or 151.40 of the Revised Code, and any accounts in	816
that fund, including all moneys and investments, and earnings from	817
investments, credited and to be credited to that fund and accounts	818
as and to the extent provided in the applicable bond proceedings.	819

(3) "Capital facilities" means capital facilities or projects	820
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	821
or 151.08, 151.09, or 151.40 of the Revised Code.	822

(4) "Costs of capital facilities" means the costs of	823
acquiring, constructing, reconstructing, rehabilitating,	824
remodeling, renovating, enlarging, improving, equipping, or	825
furnishing capital facilities, and of the financing of those	826
costs. "Costs of capital facilities" includes, without limitation,	827
and in addition to costs referred to in section 151.03, 151.04,	828
151.05, 151.06, 151.07, or 151.08, 151.09, or 151.40 of the	829
Revised Code, the cost of clearance and preparation of the site	830
and of any land to be used in connection with capital facilities,	831
the cost of any indemnity and surety bonds and premiums on	832
insurance, all related direct administrative expenses and	833
allocable portions of direct costs of the issuing authority, costs	834
of engineering and architectural services, designs, plans,	835
specifications, surveys, and estimates of cost, financing costs,	836
interest on obligations from their date to the time when interest	837
is to be paid from sources other than proceeds of obligations,	838
amounts necessary to establish any reserves as required by the	839
bond proceedings, the reimbursement of all moneys advanced or	840
applied by or borrowed from any person or governmental agency or	841
entity for the payment of any item of costs of capital facilities,	842
and all other expenses necessary or incident to planning or	843
determining feasibility or practicability with respect to capital	844
facilities, and such other expenses as may be necessary or	845
incident to the acquisition, construction, reconstruction,	846
rehabilitation, remodeling, renovation, enlargement, improvement,	847
equipment, and furnishing of capital facilities, the financing of	848
those costs, and the placing of the capital facilities in use and	849
operation, including any one, part of, or combination of those	850
classes of costs and expenses.	851

(5) "Credit enhancement facilities," "financing costs," and	852
"interest" or "interest equivalent" have the same meanings as in	853
section 133.01 of the Revised Code.	854

(6) "Debt service" means principal, including any mandatory	855
sinking fund or redemption requirements for retirement of	856
obligations, interest and other accreted amounts, interest	857
equivalent, and any redemption premium, payable on obligations.	858
If not prohibited by the applicable bond proceedings, debt service	859
includes costs relating to credit enhancement facilities that are	860
related to and represent, or are intended to provide a source of	861
payment of or limitation on, other debt service.	862

(7) "Issuing authority" means the Ohio public facilities	863
commission created in section 151.02 of the Revised Code for	864
obligations issued under section 151.03, 151.04, 151.05, or	865
151.07, or 151.09 of the Revised Code, or the treasurer of state,	866
or the officer who by law performs the functions of that office,	867
for obligations issued under section 151.06 or 151.08 of the	868
Revised Code.	869

(8) "Net proceeds" means amounts received from the sale of	870
obligations, excluding amounts used to refund or retire	871
outstanding obligations, amounts required to be deposited into	872
special funds pursuant to the applicable bond proceedings, and	873
amounts to be used to pay financing costs.	874

(9) "Obligations" means bonds, notes, or other evidences of	875
obligation of the state, including any appertaining interest	876
coupons, issued pursuant to sections 151.01 to 151.08151.09 or	877
151.40 of the Revised Code.	878

(10) "Principal amount" means the aggregate of the amount as	879
stated or provided for in the applicable bond proceedings as the	880
amount on which interest or interest equivalent on particular	881
obligations is initially calculated. Principal amount does not	882
include any premium paid to the state by the initial purchaser of	883
the obligations. "Principal amount" of a capital appreciation	884
bond, as defined in division (C) of section 3334.01 of the Revised	885
Code, means its face amount, and "principal amount" of a zero	886
coupon bond, as defined in division (J) of section 3334.01 of the	887
Revised Code, means the discounted offering price at which the	888
bond is initially sold to the public, disregarding any purchase	889
price discount to the original purchaser if provided for pursuant	890
to the authorizing law of the Revised Code.	891

(11) "Special funds" or "funds," unless the context indicates	892
otherwise, means the bond service fund, and any other funds,	893
including any reserve funds, created under the bond proceedings	894
and stated to be special funds in those proceedings, including	895
moneys and investments, and earnings from investments, credited	896
and to be credited to the particular fund. Special funds do not	897
include the school building program assistance fund created by	898
section 3318.25 of the Revised Code, the higher education	899
improvement fund created by division (F) of section 154.21 of the	900
Revised Code, the highway capital improvement bond fund created by	901
section 5528.53 of the Revised Code, the state parks and natural	902
resources fund created by section 1557.02 of the Revised Code, the	903
coal research and development fund created by section 1555.15 of	904
the Revised Code, the clean Ohio conservation fund created by	905
section 164.27 of the Revised Code, the clean Ohio revitalization	906
fund created by section 122.658 of the Revised Code, or other	907
funds created by the bond proceedings that are not stated by those	908
proceedings to be special funds.	909

(B) Subject to sectionSection 2l, 2m, 2n, 2o, or 15, and	910
Section 17 of Article VIII, Ohio Constitution, the state, by the	911
issuing authority, is authorized to issue and sell, as provided in	912
sections 151.03 to 151.08151.09 or 151.40 of the Revised Code,	913
and in respective aggregate principal amounts as from time to time	914
provided or authorized by the general assembly, general	915
obligations of this state for the purpose of paying costs of	916
capital facilities or projects identified by or pursuant to	917
general assembly action.	918

(C) Each issue of obligations shall be authorized by	919
resolution or order of the issuing authority. The bond	920
proceedings shall provide for or authorize the manner for	921
determining the principal amount or maximum principal amount of	922
obligations of an issue, the principal maturity or maturities, the	923
interest rate or rates, the date of and the dates of payment of	924
interest on the obligations, their denominations, and the place or	925
places of payment of debt service which may be within or outside	926
the state. Unless otherwise provided by law, the latest principal	927
maturity may not be later than the earlier of the thirty-first day	928
of December of the twenty-fifth calendar year after the year of	929
issuance of the particular obligations or of the twenty-fifth	930
calendar year after the year in which the original obligation to	931
pay was issued or entered into. Sections 9.96, 9.98, 9.981,	932
9.982, and 9.983 of the Revised Code apply to obligations. The	933
purpose of the obligations may be stated in the bond proceedings	934
in general terms, such as, as applicable, "financing or assisting	935
in the financing of projects as provided in Section 2l of Article	936
VIII, Ohio Constitution," "financing or assisting in the financing	937
of highway capital improvement projects as provided in Section 2m	938
of Article VIII, Ohio Constitution," "paying costs of capital	939
facilities for a system of common schools throughout the state as	940
authorized by Section 2n of Article VIII, Ohio Constitution,"	941
"paying costs of capital facilities for state-supported and	942
state-assisted institutions of higher education as authorized by	943
Section 2n of Article VIII, Ohio Constitution," "paying costs of	944
coal research and development as authorized by Section 15 of	945
Article VIII, Ohio Constitution," or "financing or assisting in	946
the financing of local subdivision capital improvement projects as	947
authorized by Section 2m of Article VIII, Ohio Constitution.," or	948
"paying costs of conservation or revitalization projects as	949
authorized by Section 2o of Article VIII, Ohio Constitution."	950

(D) The issuing authority may appoint or provide for the	951
appointment of paying agents, bond registrars, securities	952
depositories, clearing corporations, and transfer agents, and may	953
without need for any other approval retain or contract for the	954
services of underwriters, investment bankers, financial advisers,	955
accounting experts, marketing, remarketing, indexing, and	956
administrative agents, other consultants, and independent	957
contractors, including printing services, as are necessary in the	958
judgment of the issuing authority to carry out itsthe issuing	959
authority's functions under Chapter 151. of the Revised Codethis	960
chapter. When the issuing authority is the Ohio public facilities	961
commission, the issuing authority also may without need for any	962
other approval retain or contract for the services of attorneys	963
and other professionals for that purpose. Financing costs are	964
payable, as may be provided in the bond proceedings, from the	965
proceeds of the obligations, from special funds, or from other	966
moneys available for the purpose.	967

(E) The bond proceedings may contain additional provisions	968
customary or appropriate to the financing or to the obligations or	969
to particular obligations including, but not limited to,	970
provisions for:	971

(1) The redemption of obligations prior to maturity at the	972
option of the state or of the holder or upon the occurrence of	973
certain conditions, and at particular price or prices and under	974
particular terms and conditions;	975

(2) The form of and other terms of the obligations;

976

(3) The establishment, deposit, investment, and application	977
of special funds, and the safeguarding of moneys on hand or on	978
deposit, in lieu of the applicability of provisions of Chapter	979
131. or 135. of the Revised Code, but subject to any special	980
provisions of sections 151.01 to 151.08151.09 or 151.40 of the	981
Revised Code with respect to the application of particular funds	982
or moneys. Any financial institution that acts as a depository of	983
any moneys in special funds or other funds under the bond	984
proceedings may furnish indemnifying bonds or pledge securities as	985
required by the issuing authority.	986

(4) Any or every provision of the bond proceedings being	987
binding upon the issuing authority and upon such governmental	988
agency or entity, officer, board, commission, authority, agency,	989
department, institution, district, or other person or body as may	990
from time to time be authorized to take actions as may be	991
necessary to perform all or any part of the duty required by the	992
provision;	993

(5) The maintenance of each pledge or instrument comprising	994
part of the bond proceedings until the state has fully paid or	995
provided for the payment of the debt service on the obligations or	996
met other stated conditions;	997

(6) In the event of default in any payments required to be	998
made by the bond proceedings, or by any other agreement of the	999
issuing authority made as part of a contract under which the	1000
obligations were issued or secured, including a credit enhancement	1001
facility, the enforcement of those payments by mandamus, a suit in	1002
equity, an action at law, or any combination of those remedial	1003
actions;	1004

(7) The rights and remedies of the holders or owners of	1005
obligations or of book-entry interests in them, and of third	1006
parties under any credit enhancement facility, and provisions for	1007
protecting and enforcing those rights and remedies, including	1008
limitations on rights of individual holders or owners;	1009

(8) The replacement of mutilated, destroyed, lost, or stolen	1010
obligations;	1011

(9) The funding, refunding, or advance refunding, or other	1012
provision for payment, of obligations that will then no longer be	1013
outstanding for purposes of this section or of the applicable bond	1014
proceedings;	1015

(10) Amendment of the bond proceedings;

1016

(11) Any other or additional agreements with the owners of	1017
obligations, and such other provisions as the issuing authority	1018
determines, including limitations, conditions, or qualifications,	1019
relating to any of the foregoing.	1020

(F) The great seal of the state or a facsimile of it may be	1021
affixed to or printed on the obligations. The obligations	1022
requiring execution by or for the issuing authority shall be	1023
signed as provided in the bond proceedings. Any obligations may	1024
be signed by the individual who on the date of execution is the	1025
authorized signer although on the date of these obligations that	1026
individual is not an authorized signer. In case the individual	1027
whose signature or facsimile signature appears on any obligation	1028
ceases to be an authorized signer before delivery of the	1029
obligation, that signature or facsimile is nevertheless valid and	1030
sufficient for all purposes as if that individual had remained the	1031
authorized signer until delivery.	1032

(G) Obligations are investment securities under Chapter	1033
1308. of the Revised Code. Obligations may be issued in bearer or	1034
in registered form, registrable as to principal alone or as to	1035
both principal and interest, or both, or in certificated or	1036
uncertificated form, as the issuing authority determines.	1037
Provision may be made for the exchange, conversion, or transfer of	1038
obligations and for reasonable charges for registration, exchange,	1039
conversion, and transfer. Pending preparation of final	1040
obligations, the issuing authority may provide for the issuance of	1041
interim instruments to be exchanged for the final obligations.	1042

(H) Obligations may be sold at public sale or at private	1043
sale, in such manner, and at such price at, above or below par,	1044
all as determined by and provided by the issuing authority in the	1045
bond proceedings.	1046

(I) Except to the extent that rights are restricted by the	1047
bond proceedings, any owner of obligations or provider of a credit	1048
enhancement facility may by any suitable form of legal proceedings	1049
protect and enforce any rights relating to obligations or that	1050
facility under the laws of this state or granted by the bond	1051
proceedings. Those rights include the right to compel the	1052
performance of all applicable duties of the issuing authority and	1053
the state. Each duty of the issuing authority and that	1054
authority's officers, staff, and employees, and of each state	1055
entity or agency, or using district or using institution, and its	1056
officers, members, staff, or employees, undertaken pursuant to the	1057
bond proceedings, is hereby established as a duty of the entity or	1058
individual having authority to perform that duty, specifically	1059
enjoined by law and resulting from an office, trust, or station	1060
within the meaning of section 2731.01 of the Revised Code. The	1061
individuals who are from time to time the issuing authority,	1062
members or officers of the issuing authority, or those members'	1063
designees acting pursuant to section 154.02 of the Revised Code,	1064
or the issuing authority's officers, staff, or employees, are not	1065
liable in their personal capacities on any obligations or	1066
otherwise under the bond proceedings.	1067

(J)(1) Subject to sectionSection 2l, 2m, 2n, 2o, or 15, and	1068
Section 17, of Article VIII, Ohio Constitution and sections 151.01	1069
to 151.08151.09 or 151.40 of the Revised Code, the issuing	1070
authority may, in addition to the authority referred to in	1071
division (B) of this section, authorize and provide for the	1072
issuance of:	1073

(a) Obligations in the form of bond anticipation notes, and	1074
may provide for the renewal of those notes from time to time by	1075
the issuance of new notes. The holders of notes or appertaining	1076
interest coupons have the right to have debt service on those	1077
notes paid solely from the moneys and special funds that are or	1078
may be pledged to that payment, including the proceeds of bonds or	1079
renewal notes or both, as the issuing authority provides in the	1080
bond proceedings authorizing the notes. Notes may be additionally	1081
secured by covenants of the issuing authority to the effect that	1082
the issuing authority and the state will do all things necessary	1083
for the issuance of bonds or renewal notes in such principal	1084
amount and upon such terms as may be necessary to provide moneys	1085
to pay when due the debt service on the notes, and apply their	1086
proceeds to the extent necessary, to make full and timely payment	1087
of debt service on the notes as provided in the applicable bond	1088
proceedings. In the bond proceedings authorizing the issuance of	1089
bond anticipation notes the issuing authority shall set forth for	1090
the bonds anticipated an estimated schedule of annual principal	1091
payments the latest of which shall be no later than provided in	1092
division (C) of this section. While the notes are outstanding	1093
there shall be deposited, as shall be provided in the bond	1094
proceedings for those notes, from the sources authorized for	1095
payment of debt service on the bonds, amounts sufficient to pay	1096
the principal of the bonds anticipated as set forth in that	1097
estimated schedule during the time the notes are outstanding,	1098
which amounts shall be used solely to pay the principal of those	1099
notes or of the bonds anticipated.	1100

(b) Obligations for the refunding, including funding and	1101
retirement, and advance refunding with or without payment or	1102
redemption prior to maturity, of any obligations previously	1103
issued. Refunding obligations may be issued in amounts sufficient	1104
to pay or to provide for repayment of the principal amount,	1105
including principal amounts maturing prior to the redemption of	1106
the remaining prior obligations, any redemption premium, and	1107
interest accrued or to accrue to the maturity or redemption date	1108
or dates, payable on the prior obligations, and related financing	1109
costs and any expenses incurred or to be incurred in connection	1110
with that issuance and refunding. Subject to the applicable bond	1111
proceedings, the portion of the proceeds of the sale of refunding	1112
obligations issued under division (J)(1)(b) of this section to be	1113
applied to debt service on the prior obligations shall be credited	1114
to an appropriate separate account in the bond service fund and	1115
held in trust for the purpose by the issuing authority or by a	1116
corporate trustee. Obligations authorized under this division	1117
shall be considered to be issued for those purposes for which the	1118
prior obligations were issued.	1119

(2) Except as otherwise provided in sections 151.01 to	1120
151.08151.09 or 151.40 of the Revised Code, bonds or notes	1121
authorized pursuant to division (J) of this section are subject to	1122
the provisions of those sections pertaining to obligations	1123
generally.	1124

(3) The principal amount of refunding or renewal obligations	1125
issued pursuant to division (J) of this section shall be in	1126
addition to the amount authorized by the general assembly as	1127
referred to in division (B) of the following sections: section	1128
151.03, 151.04, 151.05, 151.06, 151.07, or 151.08, 151.09, or	1129
151.40 of the Revised Code.	1130

(K) Obligations are lawful investments for banks, savings	1131
and loan associations, credit union share guaranty corporations,	1132
trust companies, trustees, fiduciaries, insurance companies,	1133
including domestic for life and domestic not for life, trustees or	1134
other officers having charge of sinking and bond retirement or	1135
other special funds of the state and political subdivisions and	1136
taxing districts of this state, the sinking fund, the	1137
administrator of workers' compensation subject to the approval of	1138
the workers' compensation board, the state teachers retirement	1139
system, the public employees retirement system, the school	1140
employees retirement system, and the Ohio police and fire pension	1141
fund, notwithstanding any other provisions of the Revised Code or	1142
rules adopted pursuant to those provisions by any state agency	1143
with respect to investments by them, and are also acceptable as	1144
security for the repayment of the deposit of public moneys. The	1145
exemptions from taxation in Ohio as provided for in particular	1146
sections of the Ohio Constitution and section 5709.76 of the	1147
Revised Code apply to the obligations.	1148

(L)(1) Unless otherwise provided or provided for in any	1149
applicable bond proceedings, moneys to the credit of or in a	1150
special fund shall be disbursed on the order of the issuing	1151
authority. No such order is required for the payment, from the	1152
bond service fund or other special fund, when due of debt service	1153
or required payments under credit enhancement facilities.	1154

(2) Payments received by the state under interest rate	1155
hedges entered into as credit enhancement facilities under this	1156
chapter shall be deposited to the credit of the bond service fund	1157
for the obligations to which those credit enhancement facilities	1158
relate.	1159

(M) The full faith and credit, revenue, and taxing power of	1160
the state are and shall be pledged to the timely payment of debt	1161
service on outstanding obligations as it comes due, all in	1162
accordance with Section 2l, 2m, 2n, 2o, or 15 of Article VIII,	1163
Ohio Constitution, and section 151.03, 151.04, 151.05, 151.06,	1164
151.07, or 151.08, or 151.09 of the Revised Code. Moneys referred	1165
to in Section 5a of Article XII, Ohio Constitution, may not be	1166
pledged or used for the payment of debt service except on	1167
obligations referred to in section 151.06 of the Revised Code. The	1168
state covenants, and that covenant shall be controlling	1169
notwithstanding any other provision of law, that the state and the	1170
applicable officers and agencies of the state, including the	1171
general assembly, shall, so long as any obligations are	1172
outstanding in accordance with their terms, maintain statutory	1173
authority for and cause to be levied, collected and applied	1174
sufficient pledged excises, taxes, and revenues of the state so	1175
that the revenues shall be sufficient in amounts to pay debt	1176
service when due, to establish and maintain any reserves and other	1177
requirements, and to pay financing costs, including costs of or	1178
relating to credit enhancement facilities, all as provided for in	1179
the bond proceedings. Those excises, taxes, and revenues are and	1180
shall be deemed to be levied and collected, in addition to the	1181
purposes otherwise provided for by law, to provide for the payment	1182
of debt service and financing costs in accordance with sections	1183
151.01 to 151.08 of the Revised Code and the bond proceedings.	1184

(N) The general assembly may from time to time repeal or	1185
reduce any excise, tax, or other source of revenue pledged to the	1186
payment of the debt service pursuant to Section 2l, 2m, 2n, 2o, or	1187
15 of Article VIII, Ohio Constitution, and sections 151.01 to	1188
151.08151.09 of the Revised Code, and may levy, collect and apply	1189
any new or increased excise, tax, or revenue to meet the pledge,	1190
to the payment of debt service on outstanding obligations, of the	1191
state's full faith and credit, revenue and taxing power, except	1192
fees, excises or taxes referred to in Section 5a of Article XII,	1193
Ohio Constitution, for other than obligations referred to in	1194
section 151.06 of the Revised Code and except net state lottery	1195
proceeds for other than obligations referred to in section 151.03	1196
of the Revised Code. Nothing in division (N) of this section	1197
authorizes any impairment of the obligation of this state to levy	1198
and collect sufficient excises, taxes, and revenues to pay debt	1199
service on obligations outstanding in accordance with their terms.	1200

(O) Each bond service fund is a trust fund and is hereby	1201
pledged to the payment of debt service on the applicable	1202
obligations. Payment of that debt service shall be made or	1203
provided for by the issuing authority in accordance with the bond	1204
proceedings without necessity for any act of appropriation. The	1205
bond proceedings may provide for the establishment of separate	1206
accounts in the bond service fund and for the application of those	1207
accounts only to debt service on specific obligations, and for	1208
other accounts in the bond service fund within the general	1209
purposes of that fund.	1210

(P) Subject to the bond proceedings pertaining to any	1211
obligations then outstanding in accordance with their terms, the	1212
issuing authority may in the bond proceedings pledge all, or such	1213
portion as the issuing authority determines, of the moneys in the	1214
bond service fund to the payment of debt service on particular	1215
obligations, and for the establishment and maintenance of any	1216
reserves for payment of particular debt service.	1217

(Q) TheFor obligations issued pursuant to sections 151.01 to	1218
151.09 of the Revised Code, the issuing authority shall by the	1219
fifteenth day of the July of each fiscal year, certify or cause to	1220
be certified to the office of budget and management the total	1221
amount of moneys required during the current fiscal year to meet	1222
in full all debt service on the respective obligations and any	1223
related financing costs payable from the applicable bond service	1224
fund and not from the proceeds of refunding or renewal	1225
obligations. The issuing authority shall make or cause to be made	1226
supplemental certifications to the office of budget and management	1227
for each debt service payment date and at such other times during	1228
each fiscal year as may be provided in the bond proceedings or	1229
requested by that office. Debt service, costs of credit	1230
enhancement facilities, and other financing costs shall be set	1231
forth separately in each certification. If and so long as the	1232
moneys to the credit of the bond service fund, together with any	1233
other moneys available for the purpose, are insufficient to meet	1234
in full all payments when due of the amount required as stated in	1235
the certificate or otherwise, the office of budget and management	1236
shall at the times as provided in the bond proceedings, and	1237
consistent with any particular provisions in sections 151.03 to	1238
151.08151.09 of the Revised Code, transfer a sufficient amount to	1239
the bond service fund from the revenues derived from excises,	1240
taxes, and other revenues, including net state lottery proceeds in	1241
the case of obligations referred to in section 151.03 of the	1242
Revised Code.	1243

(R) Unless otherwise provided in any applicable bond	1244
proceedings, moneys to the credit of special funds may be invested	1245
by or on behalf of the state only in one or more of the following:	1246

(1) Notes, bond, or other direct obligations of the United	1247
States or of any agency or instrumentality of the United States,	1248
or in no-front-end-load money market mutual funds consisting	1249
exclusively of those obligations, or in repurchase agreements,	1250
including those issued by any fiduciary, secured by those	1251
obligations, or in collective investment funds consisting	1252
exclusively of those obligations;	1253

(2) Obligations of this state or any political subdivision	1254
of this state;	1255

(3) Certificates of deposit of any national bank located in	1256
this state and any bank, as defined in section 1101.01 of the	1257
Revised Code, subject to inspection by the superintendent of	1258
financial institutions;	1259

(4) The treasurer of state's pooled investment program under	1260
section 135.45 of the Revised Code.	1261

The income from investments referred to in division (R) of	1262
this section shall, unless otherwise provided in sections 151.01	1263
to 151.08151.09 or 151.40 of the Revised Code, be credited to	1264
special funds or otherwise as the issuing authority determines in	1265
the bond proceedings. Those investments may be sold or exchanged	1266
at times as the issuing authority determines, provides for, or	1267
authorizes.	1268

(S) The treasurer of state shall have responsibility for	1269
keeping records, making reports, and making payments, relating to	1270
any arbitrage rebate requirements under the applicable bond	1271
proceedings.	1272

Sec. 151.09. (A) As used in this section:

1273

(1) "Costs of conservation projects" includes related direct	1274
administrative expenses and allocable portions of the direct costs	1275
of those projects of the department of agriculture or Ohio public	1276
works commission.	1277

(2) "Obligations" means obligations issued to pay costs of	1278
projects for conservation purposes as referred to in division	1279
(A)(1) of Section 2o of Article VIII, Ohio Constitution.	1280

(B) The issuing authority shall issue general obligations	1281
of the state to pay costs of conservation projects pursuant to	1282
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,	1283
section 151.01 of the Revised Code, and this section. The issuing	1284
authority, upon the certification to it by the Ohio public works	1285
commission of amounts needed in and for the purposes of the clean	1286
Ohio conservation fund created by section 164.27 of the Revised	1287
Code, shall issue obligations in the amount determined by the	1288
issuing authority to be required for those purposes.	1289

(C) Net proceeds of obligations shall be deposited into the	1290
clean Ohio conservation fund created by section 164.27 of the	1291
Revised Code.	1292

(D) There is hereby created in the state treasury the	1293
conservation projects bond service fund. All moneys received by	1294
the state and required by the bond proceedings, consistent with	1295
section 151.01 of the Revised Code and this section, to be	1296
deposited, transferred, or credited to the bond service fund, and	1297
all other moneys transferred or allocated to or received for the	1298
purposes of that fund, shall be deposited and credited to the bond	1299
service fund, subject to any applicable provisions of the bond	1300
proceedings, but without necessity for any act of appropriation.	1301
During the period beginning with the date of the first issuance of	1302
obligations and continuing during the time that any obligations	1303
are outstanding in accordance with their terms, so long as moneys	1304
in the bond service fund are insufficient to pay debt service when	1305
due on those obligations payable from that fund, except the	1306
principal amounts of bond anticipation notes payable from the	1307
proceeds of renewal notes or bonds anticipated, and due in the	1308
particular fiscal year, a sufficient amount of revenues of the	1309
state is committed and, without necessity for further act of	1310
appropriation, shall be paid to the bond service fund for the	1311
purpose of paying that debt service when due.	1312

Sec. 151.40. (A) As used in this section:

1313

(1) "Bond proceedings" includes any trust agreements, and	1314
any amendments or supplements to them, as authorized by this	1315
section.	1316

(2) "Costs of revitalization projects" includes related	1317
direct administrative expenses and allocable portions of the	1318
direct costs of those projects of the department of development or	1319
the environmental protection agency.	1320

(3) "Issuing authority" means the treasurer of state.

1321

(4) "Obligations" means obligations issued to pay the costs	1322
of projects for revitalization purposes as referred to in division	1323
(A)(2) of Section 2o of Article VIII, Ohio Constitution.	1324

(5) "Pledged liquor profits" means all receipts of the	1325
state representing the gross profit on the sale of spirituous	1326
liquor, as referred to in division (B)(4) of section 4301.10 of	1327
the Revised Code, after paying all costs and expenses of the	1328
division of liquor control and providing an adequate working	1329
capital reserve for the division of liquor control as provided in	1330
that division, but excluding the sum required by the second	1331
paragraph of section 4301.12 of the Revised Code, as it was in	1332
effect on May 2, 1980, to be paid into the state treasury.	1333

(6) "Pledged receipts" means, as and to the extent provided	1334
in bond proceedings:	1335

(a) Pledged liquor profits. The pledge of pledged liquor	1336
profits to obligations is subject to the priority of the pledge of	1337
those profits to obligations issued and to be issued, and	1338
guarantees made and to be made, pursuant to Chapter 166. of the	1339
Revised Code.	1340

(b) Moneys accruing to the state from the lease, sale, or	1341
other disposition or use of revitalization projects or from the	1342
repayment, including any interest, of loans or advances made from	1343
net proceeds;	1344

(c) Accrued interest received from the sale of obligations;

1345

(d) Income from the investment of the special funds;

1346

(e) Any gifts, grants, donations, or pledges, and receipts	1347
therefrom, available for the payment of debt service.	1348

(B) The issuing authority shall issue obligations of the	1349
state to pay costs of revitalization projects pursuant to division	1350
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	1351
151.01 of the Revised Code as applicable to this section, and this	1352
section. The issuing authority, upon the certification to it by	1353
the clean Ohio council of the amount of moneys needed in and for	1354
the purposes of the clean Ohio revitalization fund created by	1355
section 122.658 of the Revised Code, shall issue obligations in	1356
the amount determined by the issuing authority to be required for	1357
those purposes. The provisions and authorizations in section	1358
151.01 of the Revised Code apply to the obligations and the bond	1359
proceedings except as otherwise provided or provided for in those	1360
obligations and bond proceedings.	1361

(C) Net proceeds of obligations shall be deposited in the	1362
clean Ohio revitalization fund created in section 122.658 of the	1363
Revised Code.	1364

(D) There is hereby created the revitalization projects	1365
bond service fund, which shall be in the custody of the treasurer	1366
of state, but shall be separate and apart from and not a part of	1367
the state treasury. All money received by the state and required	1368
by the bond proceedings, consistent with section 151.01 of the	1369
Revised Code and this section, to be deposited, transferred, or	1370
credited to the bond service fund, and all other money transferred	1371
or allocated to or received for the purposes of that fund, shall	1372
be deposited and credited to the bond service fund, subject to any	1373
applicable provisions of the bond proceedings, but without	1374
necessity for any act of appropriation. During the period	1375
beginning with the date of the first issuance of obligations and	1376
continuing during the time that any obligations are outstanding in	1377
accordance with their terms, so long as moneys in the bond service	1378
fund are insufficient to pay debt service when due on those	1379
obligations payable from that fund, except the principal amounts	1380
of bond anticipation notes payable from the proceeds of renewal	1381
notes or bonds anticipated, and due in the particular fiscal year,	1382
a sufficient amount of pledged receipts is committed and, without	1383
necessity for further act of appropriation, shall be paid to the	1384
bond service fund for the purpose of paying that debt service when	1385
due.	1386

(E) The issuing authority may pledge all, or such portion	1387
as the issuing authority determines, of the pledged receipts to	1388
the payment of the debt service charges on obligations issued	1389
under this section, and for the establishment and maintenance of	1390
any reserves, as provided in the bond proceedings, and make other	1391
provisions in the bond proceedings with respect to pledged	1392
receipts as authorized by this section, which provisions are	1393
controlling notwithstanding any other provisions of law pertaining	1394
to them.	1395

(F) The issuing authority may covenant in the bond	1396
proceedings, and such covenants shall be controlling	1397
notwithstanding any other provision of law, that the state and	1398
applicable officers and state agencies, including the general	1399
assembly, so long as any obligations issued under this section are	1400
outstanding, shall maintain statutory authority for and cause to	1401
be charged and collected wholesale or retail prices for spirituous	1402
liquor sold by the state or its agents so that the available	1403
pledged receipts are sufficient in time and amount to meet debt	1404
service payable from pledged liquor profits and for the	1405
establishment and maintenance of any reserves and other	1406
requirements provided for in the bond proceedings.	1407

(G) Obligations may be further secured, as determined by	1408
the issuing authority, by a trust agreement between the state and	1409
a corporate trustee, which may be any trust company or bank having	1410
its principal place of business within the state. Any trust	1411
agreement may contain the resolution or order authorizing the	1412
issuance of the obligations, any provisions that may be contained	1413
in any bond proceedings, and other provisions that are customary	1414
or appropriate in an agreement of that type, including, but not	1415
limited to:	1416

(1) Maintenance of each pledge, trust agreement, or other	1417
instrument comprising part of the bond proceedings until the state	1418
has fully paid or provided for the payment of debt service on the	1419
obligations secured by it;	1420

(2) In the event of default in any payments required to be	1421
made by the bond proceedings, enforcement of those payments or	1422
agreements by mandamus, the appointment of a receiver, suit in	1423
equity, action at law, or any combination of them;	1424

(3) The rights and remedies of the holders or owners of	1425
obligations and of the trustee and provisions for protecting and	1426
enforcing them, including limitations on rights of individual	1427
holders and owners.	1428

(H) The obligations shall not be general obligations of the	1429
state and the full faith and credit, revenue, and taxing power of	1430
the state shall not be pledged to the payment of debt service on	1431
them. The holders or owners of the obligations shall have no right	1432
to have any moneys obligated or pledged for the payment of debt	1433
services except as provided in this section and in the applicable	1434
bond proceedings. The rights of the holders and owners to payment	1435
of debt service are limited to all or that portion of the pledged	1436
receipts, and those special funds, pledged to the payment of debt	1437
service pursuant to the bond proceedings in accordance with this	1438
section, and each obligation shall bear on its face a statement to	1439
that effect.	1440

Sec. 164.02.  (A) The general assembly finds that public	1441
infrastructure capital improvements are necessary to preserve the	1442
public capital infrastructure of local subdivisions, ensure the	1443
public health, safety, and welfare, create and preserve jobs,	1444
enhance employment opportunities, and improve the economic welfare	1445
of the people of this state. Accordingly, it is declared to be	1446
the public policy of this state, through the operation of this	1447
chapter and pursuant to Sections 2k and 2m of Article VIII, Ohio	1448
Constitution, to assist local subdivisions to finance public	1449
infrastructure capital improvements. In furtherance of such	1450
public policy and to implement such purpose, there is hereby	1451
created the Ohio public works commission consisting of seven	1452
members who shall be appointed as follows: two persons shall be	1453
appointed by the speaker of the house of representatives; one	1454
person shall be appointed by the minority leader of the house of	1455
representatives; two persons shall be appointed by the president	1456
of the senate; one person shall be appointed by the minority	1457
leader of the senate; and one person from the private sector, who	1458
shall have at least eight years experience in matters of public	1459
finance, shall be appointed alternately by the speaker of the	1460
house of representatives and the president of the senate, with the	1461
speaker of the house making the first appointment. The director	1462
of transportation, the director of environmental protection, the	1463
director of development, the director of natural resources, and	1464
the chairperson of the Ohio water development authority shall be	1465
nonvoting, ex officio members of the commission. The initial	1466
appointments made to the commission by the minority leaders of the	1467
senate and house of representatives and one of the initial	1468
appointments made by the speaker of the house of representatives	1469
and the president of the senate shall be for terms ending December	1470
31, 1989; one of the initial appointments made by the speaker of	1471
the house of representatives and the president of the senate shall	1472
be for terms ending December 31, 1990; and the initial term of the	1473
appointment to the commission whichthat is alternately made by	1474
the speaker of the house of representatives and the president of	1475
the senate shall be for a term ending December 31, 1989.	1476
Thereafter, terms of office shall be for three years, each term	1477
ending on the same day of the same month of the year as did the	1478
term which it succeeds. Each member shall hold office from the	1479
date of appointment until the end of the term for which the member	1480
is appointed. Members may be reappointed one time. Vacancies	1481
shall be filled in the same manner provided for original	1482
appointments. Any member appointed to fill a vacancy occurring	1483
prior to the expiration date of the term for which the member's	1484
predecessor was appointed shall hold office for the remainder of	1485
that term. A member shall continue in office subsequent to the	1486
expiration date of the member's term until the member's successor	1487
takes office or until a period of sixty days has elapsed,	1488
whichever occurs first.	1489

The commission shall elect a chairperson, vice-chairperson,	1490
and other officers as it considers advisable. Four members	1491
constitute a quorum. Members of the commission shall serve	1492
without compensation but shall be reimbursed for their actual and	1493
necessary expenses incurred in the performaceperformance of their	1494
duties.	1495

(B) The Ohio public works commission shall:

1496

(1) Review and evaluate persons who will be recommended to	1497
the governor for appointment to the position of director of the	1498
Ohio public works commission, and, when the commission considers	1499
it appropriate, recommend the removal of a director;	1500

(2) Provide the governor with a list of names of three	1501
persons who are, in the judgment of the commission, qualified to	1502
be appointed to the position of director. The commission shall	1503
provide the list, which may include the name of the incumbent	1504
director to the governor, not later than sixty days prior to the	1505
expiration of the term of such incumbent director. A director	1506
shall serve a two-year term upon initial appointment, and	1507
four-year terms if subsequently reappointed by the governor;	1508
however, the governor may remove a director at any time following	1509
the commission's recommendation of such action. Upon the	1510
expiration of a director's term, or in the case of the	1511
resignation, death, or removal of a director, the commission shall	1512
provide such list of the names of three persons to the governor	1513
within thirty days of such expiration, resignation, death, or	1514
removal. Nothing in this section shall prevent the governor, in	1515
the governor's discretion, from rejecting all of the nominees of	1516
the commission and requiring the commission to select three	1517
additional nominees. However, when the governor has requested and	1518
received a second list of three additional names, the governor	1519
shall make the appointment from one of the names on the first list	1520
or the second list. Appointment by the governor is subject to the	1521
advice and consent of the senate.	1522

In the case of the resignation, removal, or death of the	1523
director during the director's term of office, a successor shall	1524
be chosen for the remainder of the term in the same manner as is	1525
provided for an original appointment.	1526

(3) Provide oversight to the director and advise in the	1527
development of policy guidelines for the implementation of this	1528
chapter, and report and make recommendations to the general	1529
assembly with respect to such implementation;	1530

(4) Adopt bylaws to govern the conduct of the commission's	1531
business;	1532

(5) Appoint the members of the Ohio small government capital	1533
improvements commission in accordance with division (C) of this	1534
section.	1535

(C)(1) There is hereby created the Ohio small government	1536
capital improvements commission. The commission shall consist of	1537
ten members, including the director of transportation, the	1538
director of environmental protection, and the chairperson of the	1539
Ohio water development authority as nonvoting, ex officio members	1540
and seven voting members appointed by the Ohio public works	1541
commission. Each such appointee shall be a member of a district	1542
public works integrating committee who was appointed to the	1543
integrating committee pursuant to the majority vote of the chief	1544
executive officers of the villages of the appointee's district or	1545
by a majority of the boards of township trustees of the	1546
appointee's district.	1547

(2) Two of the initial appointments shall be for terms	1548
ending two years after March 29, 1988. The remaining initial	1549
appointments shall be for terms ending three years after March 29,	1550
1988. Thereafter, terms of office shall be for two years, with	1551
each term ending on the same date of the same month as did the	1552
term that it succeeds. Each member shall hold office from the	1553
date of appointment until the end of the term for which the member	1554
is appointed. Vacancies shall be filled in the same manner as	1555
original appointments. Any member appointed to fill a vacancy	1556
occurring prior to the expiration date of the term for which the	1557
member's predecessor was appointed shall hold office as a member	1558
for the remainder of that term. A member shall continue in office	1559
subsequent to the expiration of the member's term until the	1560
member's successor takes office or until a period of sixty days	1561
has elapsed, whichever occurs first. Members of the commission	1562
may be reappointed to serve two additional terms, except that no	1563
member appointed to an initial term of three years may be	1564
reappointed to more than one additional term. No more than two	1565
members of the commission may be members of the same district	1566
public works integrating committee.	1567

(3) The Ohio small government capital improvements	1568
commission shall elect one of its appointed members as chairperson	1569
and another as vice-chairperson. Four voting members of the	1570
commission constitute a quorum, and the affirmative vote of four	1571
appointed members is required for any action taken by vote of the	1572
commission. No vacancy in the membership of the commission shall	1573
impair the right of a quorum by an affirmative vote of four	1574
appointed members to exercise all rights and perform all duties of	1575
the commission. Members of the commission shall serve without	1576
compensation, but shall be reimbursed for their actual and	1577
necessary expenses incurred in the performance of their duties.	1578

(D) The Ohio small government capital improvements	1579
commission shall:	1580

(1) Advise the general assembly on the development of policy	1581
guidelines for the implementation of this chapter, especially as	1582
it relates to the interests of small governments and the use of	1583
the portion of bond proceeds set aside for the exclusive use of	1584
townships and villages;	1585

(2) Advise the township and village subcommittees of the	1586
various district public works integrating committees concerning	1587
the selection of projects for which the use of such proceeds will	1588
be authorized;	1589

(3) Affirm or overrule the recommendations of its	1590
administrator made in accordance with section 164.051 of the	1591
Revised Code concerning requests from townships and villages for	1592
financial assistance for capital improvement projects.	1593

(E) Membership on the Ohio public works commission or the	1594
Ohio small government capital improvements commission does not	1595
constitute the holding of a public office. No appointed member	1596
shall be required, by reason of section 101.26 of the Revised	1597
Code, to resign from or forfeit membership in the general	1598
assembly.	1599

Notwithstanding any provision of law to the contrary, a	1600
county, municipal, or township public official may serve as a	1601
member of the Ohio public works commission or the Ohio small	1602
government capital improvements commission.	1603

Members of the commissions established by this section do not	1604
have an unlawful interest in a public contract under section	1605
2921.42 of the Revised Code solely by virtue of the receipt of	1606
financial assistance under this chapter by the local subdivision	1607
of which they are also a public official or appointee.	1608

(F) The director of the Ohio public works commission shall	1609
administer the small counties capital improvement program, which	1610
is hereby created. The program shall provide financial assistance	1611
to county governments of counties that have a population of less	1612
than eighty-five thousand according to the most recent decennial	1613
census. Under the program, the director shall review and may	1614
approve projects submitted by subcommittees of district public	1615
works integrating committees under division (E) of section 164.06	1616
of the Revised Code. In approving projects, the director shall be	1617
guided by the provisions of division (B) of that section, while	1618
taking into consideration the special capital improvement needs of	1619
small counties.	1620

Sec. 164.20. (A) Notwithstanding section 164.01 of the	1621
Revised Code, as used in sections 164.20 to 164.28 of the Revised	1622
Code, "local political subdivision" means a county, municipal	1623
corporation, township, conservancy district, soil and water	1624
conservation district, joint recreation district, park district,	1625
or other similar park authority.	1626

(B) As used in sections 164.20 to 164.28 of the Revised	1627
Code, "nonprofit organization" means an organization that has as	1628
one of its purposes effectuating the preservation or restoration	1629
of natural resources or the preservation, creation, or	1630
rehabilitation of parks and recreation areas and that is exempt	1631
from federal income taxation pursuant to 26 U.S.C. 501(a) and	1632
described in 26 U.S.C. 501(c).	1633

(C) For the purposes of sections 164.20 to 164.28 of the	1634
Revised Code, the definition of "project" in section 164.01 of the	1635
Revised Code does not apply.	1636

Sec. 164.21.  (A) Each district public works integrating	1637
committee or, if applicable, the executive committee of the	1638
integrating committee shall appoint a natural resources assistance	1639
council consisting of eleven members. Of the eleven members, one	1640
shall be a member of the appointing integrating committee and one	1641
shall represent a soil and water conservation district that is	1642
located within the geographical jurisdiction of the appointing	1643
integrating committee. The nine other members of the council	1644
shall be appointed from the following categories of organizations,	1645
units of government, or agencies and shall include at least one	1646
member from each of those categories:	1647

(1) A county, municipal corporation, township, conservancy	1648
district, regional or joint district or unit of local government,	1649
or regional or joint political subdivision that is located within	1650
the geographical jurisdiction of the appointing integrating	1651
committee;	1652

(2) A conservation organization, an environmental advocacy	1653
organization, an organization with a primary interest in watershed	1654
protection and restoration, the department of natural resources,	1655
the environmental protection agency, or the United States natural	1656
resources conservation service;	1657

(3) A city park system or metropolitan park system or a	1658
board of park commissioners from a county that is located within	1659
the geographical jurisdiction of the appointing integrating	1660
committee, a statewide parks and recreation organization, an	1661
organization with a primary interest in the development of	1662
recreational trails, or the United States national park service;	1663

(4) A statewide organization representing agriculture, an	1664
organization representing forestry interests, the department of	1665
agriculture, or the United States department of agriculture;	1666

(5) An organization representing business, local realtors,	1667
or a planning agency, including a port authority, located within	1668
the geographical jurisdiction of the appointing integrating	1669
committee.	1670

No organization, unit of government, or agency that is	1671
listed in divisions (A)(1) to (5) of this section shall be	1672
represented by more than one member on the council at any given	1673
time. The membership of a natural resources assistance council	1674
shall reflect the demographic and economic diversity of the	1675
population located within the geographical area represented by the	1676
council.	1677

A council shall be appointed by the appropriate integrating	1678
committee not later than sixty days after the effective date of	1679
this section. Of the initial members appointed to the council,	1680
four shall be appointed for one year, four shall be appointed for	1681
two years, and three shall be appointed for three years.	1682
Thereafter, terms of office for members of the council shall be	1683
for three years, with each term ending on the same day of the same	1684
month as did the term that it succeeds. Each member shall hold	1685
office from the date of appointment until the end of the term for	1686
which the member is appointed, except that, with respect to any	1687
member who is an elected or appointed official of a township,	1688
municipal corporation, or county, the term of office for that	1689
person on the council shall not extend beyond the member's term as	1690
an elected or appointed official.	1691

Members may be reappointed. Vacancies shall be filled in	1692
the same manner provided for original appointments. Any member	1693
appointed to fill a vacancy occurring prior to the expiration date	1694
of the term for which the member was appointed shall hold office	1695
for the remainder of that term. A member shall continue in office	1696
subsequent to the expiration date of the member's term until the	1697
member's successor takes office or until a period of sixty days	1698
has elapsed, whichever occurs first. Members may be removed by the	1699
district public works integrating committee for misfeasance,	1700
malfeasance, or nonfeasance in office.	1701

(B) A natural resources assistance council shall elect a	1702
chairperson, a vice-chairperson, and other officers that the	1703
council considers appropriate. A council may adopt bylaws	1704
governing its operation, including bylaws that establish the	1705
frequency of regular meetings and any necessary procedures. All	1706
meetings of a council are subject to section 121.22 of the Revised	1707
Code.	1708

(C) Serving as a member of a natural resources assistance	1709
council under this section does not constitute holding a public	1710
office or position of employment under the laws of this state and	1711
does not confer a right to compensation from any agency of this	1712
state. A member of a natural resources assistance council does not	1713
have an unlawful interest in a public contract under section	1714
2921.42 of the Revised Code solely by virtue of the receipt of	1715
financial assistance under sections 164.20 to 164.27 of the	1716
Revised Code by the local political subdivision of which the	1717
member is also a public official or appointee.	1718

(D) Sections 101.82 to 101.87 of the Revised Code do not	1719
apply to natural resources assistance councils.	1720

Sec. 164.22. Natural resources assistance councils shall	1721
review and approve or disapprove applications in accordance with	1722
sections 164.20 to 164.27 of the Revised Code for grants for	1723
projects that propose to do any of the following:	1724

(A) Provide for open space acquisition and related	1725
development of those open spaces, including the aquisition of	1726
easements. Open space acquisition projects include acquisition of	1727
land or rights in land for parks, forests, wetlands, natural areas	1728
that protect an endangered plant or animal population, other	1729
natural areas, and connecting corridors for natural areas. Related	1730
development projects include projects for the construction or	1731
enhancement of facilities that are necessary to make an open space	1732
area accessible and useable by the general public. Projects	1733
proposed pursuant to division (A) of this section shall emphasize	1734
the following:	1735

(1) The support of comprehensive open space planning,	1736
avoidance of the effects of sprawl, and incorporation of	1737
aesthetically pleasing and ecologically informed design;	1738

(2) The enhancement of economic development that relies on	1739
recreation and ecotourism in areas with relatively high	1740
unemployment and lower incomes;	1741

(3) The protection of habitat for rare, threatened, and	1742
endangered species or the preservation of high quality, viable	1743
habitat for plant and animal species;	1744

(4) The preservation of existing high quality wetlands or	1745
other scarce natural resources within the geographical	1746
jurisdiction of the council;	1747

(5) The inclusion of public transportation and pedestrian	1748
or bicycle linkages to other open space preserves and population	1749
centers;	1750

(6) The enhancement of educational opportunities and	1751
provision of physical links to schools and after-school centers;	1752

(7) The preservation or restoration of water quality,	1753
natural stream channels, functioning floodplains, wetlands,	1754
streamside forests, and other natural features that contribute to	1755
the quality of life in this state and to the state's natural	1756
heritage. Projects shall not include hydromodification projects	1757
such as dams, dredging, sedimentation, and bank clearing and shall	1758
not accelerate untreated water runoff or encourage invasive	1759
nonnative species.	1760

(8) The reduction or elimination of nonnative, invasive	1761
species of plants or animals;	1762

(9) The proper management of areas where safe fishing,	1763
hunting, and trapping may take place in a manner that will	1764
preserve a balanced natural ecosystem.	1765

(B) Protect and enhance riparian corridors or watersheds,	1766
including the protection and enhancement of streams, rivers,	1767
lakes, and other waters of the state. Such projects may include,	1768
without limitation, the reforestation of land or the planting of	1769
vegetation for filtration purposes; the fee simple acquisition of	1770
lands for the purpose of providing access to riparian corridors or	1771
watersheds or for other purposes necessary for the protection and	1772
enhancement of riparian corridors or watersheds; and the	1773
acquisition of easements for the purpose of protecting and	1774
enhancing riparian corridors or watersheds. Projects proposed	1775
pursuant to division (B) of this section shall emphasize the	1776
following:	1777

(1) The increase of habitat protection;

1778

(2) Inclusion as part of a stream corridor-wide or	1779
watershed-wide plan;	1780

(3) The provision of multiple recreational, economic, and	1781
aesthetic preservation benefits;	1782

(4) The preservation or restoration of floodplain and	1783
streamside forest functions;	1784

(5) The preservation of headwater streams, especially in	1785
communities that are experiencing sprawl;	1786

(6) The restoration and preservation of aquatic biological	1787
communities.	1788

Projects shall not initiate or perpetuate hydromodification	1789
projects such as dams, ditch development, or channelization.	1790

(C) Construct or enhance trails for walking, hiking,	1791
bicycling, horseback riding, or any other recreational purpose	1792
that is beneficial to the community in which a trail is to be	1793
constructed or enhanced. Grants may be used for the planning and	1794
development of a trail and the acquisition of land for the trail.	1795
Projects proposed pursuant to division (C) of this section shall	1796
emphasize the following:	1797

(1) Synchronization with the statewide trail plan;

1798

(2) Complete regional systems and links to the statewide	1799
trail system;	1800

(3) A combination of funds from various state agencies;

1801

(4) The provision of links in urban areas that support	1802
commuter access and show economic impact on local communities;	1803

(5) The linkage of population centers with public outdoor	1804
recreation areas and facilities;	1805

(6) The purchase of rail lines that are linked to the	1806
statewide trail plan;	1807

(7) The preservation of natural corridors.

1808

Grant moneys may be used for incidental costs related to	1809
projects that are eligible for funding under this section,	1810
including planning costs, design costs, engineering costs, costs	1811
of appraisals, environmental assessments, and archaeological	1812
surveys.	1813

Sec. 164.23. (A) An entity seeking a grant for a project that	1814
is eligible for funding under section 164.22 of the Revised Code	1815
shall submit an application to the natural resources assistance	1816
council with geographic jurisdiction over the proposed project	1817
area. Entities that are eligible for funding are limited to local	1818
political subdivisions and nonprofit organizations. The director	1819
of the Ohio public works commission shall develop the form of the	1820
application and shall provide application forms to each council.	1821
The application shall require at least all of the following:	1822

(1) An identification of the local political subdivision or	1823
nonprofit organization that is responsible for the execution and	1824
completion of the proposed project;	1825

(2) A detailed description of the proposed project;

1826

(3) An identification of the areas that are proposed to be	1827
protected, restored, preserved, or constructed;	1828

(4) Detailed information concerning the practices and	1829
procedures that will be undertaken to complete the project;	1830

(5) A formal detailed estimate of the project's cost;

1831

(6) The amount and nature of the moneys or resources to be	1832
used as matching funds for the project. Matching funds shall	1833
constitute not less than twenty-five per cent of the total cost of	1834
the project and may consist of contributions of money by any	1835
person, any local political subdivision, the state, or the federal	1836
government or of contributions in-kind by such parties through the	1837
purchase or donation of equipment, land, easements, labor, or	1838
materials necessary to complete the project.	1839

(7) An identification of any participation by state	1840
agencies that may have expertise regarding the particular project	1841
and that may provide assistance with respect to the project;	1842

(8) Information concerning the coordination of the project	1843
among local political subdivisions, state agencies, federal	1844
agencies, community organizations, and local business groups;	1845

(9) Information about any coordination that the project	1846
will have with projects being undertaken under the jurisdiction of	1847
other natural resources assistance councils throughout the state	1848
under sections 164.20 to 164.27 of the Revised Code or with	1849
projects being undertaken under sections 122.65 to 122.658 of the	1850
Revised Code;	1851

(10) Information about public participation in the planning	1852
and execution of the project;	1853

(11) Information about whether the general public will be	1854
given access to the project area upon the completion of the	1855
project;	1856

(12) A timetable for completion of the proposed project.

1857

(B) In addition to the application required under division	1858
(A) of this section, an applicant for a grant for a project shall	1859
include with the application all of the following:	1860

(1) A copy of a resolution supporting the project from the	1861
county, municipal corporation, or township in which the proposed	1862
project is to be conducted;	1863

(2) Documentation that demonstrates that the applicant has	1864
the capacity, financial or otherwise, to complete the project for	1865
which the grant is sought and to provide any necessary ongoing	1866
maintenance of the project;	1867

(3) Documentation that indicates compliance with division	1868
(A) of section 164.26 of the Revised Code related to the long-term	1869
ownership or control of the property that is the subject of the	1870
grant application.	1871

(C) Upon receipt of an application under division (A) of	1872
this section and the information required under division (B) of	1873
this section, a council may request additional information	1874
concerning the proposed project to which the application and	1875
information apply. Upon receiving such a request, the entity	1876
proposing the project shall provide the additional information	1877
requested.	1878

Sec. 164.24. (A) A natural resources assistance council	1879
shall review each application for a grant submitted under section	1880
164.23 of the Revised Code. In reviewing an application and for	1881
the purpose of determining whether to approve or disapprove the	1882
application, a council shall consider all of the following	1883
criteria:	1884

(1) Whether the project emphasizes the factors specified in	1885
division (A), (B), or (C) of section 164.22 of the Revised Code;	1886

(2) The amount of funding that is necessary for the	1887
completion of the project;	1888

(3) The amount and percentage of the matching funds provided	1889
under the proposal;	1890

(4) The level of coordination among local political	1891
subdivisions, state agencies, federal agencies, community	1892
organizations, and local business groups;	1893

(5) The level of coordination with projects being	1894
undertaken under the jurisdiction of other natural resources	1895
assistance councils throughout the state under sections 164.20 to	1896
164.27 of the Revised Code or with projects being undertaken under	1897
sections 122.65 to 122.658 of the Revised Code;	1898

(6) The relative economic, social, and environmental	1899
benefits that the proposed project will bring to the geographical	1900
area represented by the council as compared to other proposed	1901
projects;	1902

(7) Whether the project incorporates more than one purpose	1903
for which grant moneys may be used as specified in section 164.22	1904
of the Revised Code;	1905

(8) Whether the general public will be given access to the	1906
project area upon the completion of the project;	1907

(9) Whether the project will comply with all of the	1908
requirements established in sections 164.20 to 164.27 of the	1909
Revised Code;	1910

(10) The readiness of the applicant to proceed with the	1911
project;	1912

(11) Any other factors that are relevant to the project.

1913

(B) A natural resources assistance council shall establish a	1914
prioritization and selection methodology system for applications	1915
submitted under section 164.23 of the Revised Code. The	1916
methodology shall be submitted to and approved by the director of	1917
the Ohio public works commission.	1918

(C) In accordance with the methodology established and	1919
approved under division (B) of this section, a natural resources	1920
assistance council shall approve or disapprove an application for	1921
a grant submitted to it after consideration of all of the criteria	1922
specified in divisions (A)(1) to (11) of this section. If the	1923
council approves an application, the council shall submit a copy	1924
of the application, along with all accompanying materials, to the	1925
Ohio public works commission for final approval or disapproval.	1926

Sec. 164.25. The director of the Ohio public works commission	1927
shall approve applications for grants submitted under sections	1928
164.20 to 164.27 of the Revised Code if all of the following	1929
apply:	1930

(A) The approval of the application by the applicable	1931
natural resources assistance council was reasonably based on the	1932
criteria specified in divisions (A)(1) to (11) of section 164.24	1933
of the Revised Code.	1934

(B) The application for a grant and the proposed project for	1935
which the grant is to be used comply with all other requirements	1936
of sections 164.20 to 164.27 of the Revised Code.	1937

(C) The amount of the financial assistance, when added to	1938
all other financial assistance provided during the calendar year	1939
for projects within the district for which a natural resources	1940
assistance council was appointed, does not exceed that district's	1941
allocation of money from the clean Ohio conservation fund under	1942
section 164.27 of the Revised Code.	1943

Sec. 164.26. (A) The director of the Ohio public works	1944
commission shall establish policies related to the need for	1945
long-term ownership, or long-term control through a lease or the	1946
purchase of an easement, of real property that is the subject of	1947
an application for a grant under sections 164.20 to 164.27 of the	1948
Revised Code and establish requirements for documentation to be	1949
submitted by grant applicants that is necessary for the proper	1950
administration of this division. The policies shall provide for	1951
proper penalties, including grant repayment, for entities that	1952
fail to comply with the long-term ownership or control	1953
requirements established under this division.	1954

The director also shall adopt policies delineating what	1955
constitutes administrative costs for purposes of division (F) of	1956
section 164.27 of the Revised Code.	1957

(B) The Ohio public works commission shall administer	1958
sections 164.20 to 164.27 of the Revised Code and shall exercise	1959
any authority and use any procedures granted or established under	1960
sections 164.02 and 164.05 of the Revised Code that are necessary	1961
for that purpose.	1962

Sec. 164.27. (A) The clean Ohio conservation fund is hereby	1963
created in the state treasury. The net proceeds of obligations	1964
issued and sold by the issuing authority pursuant to section	1965
151.09 of the Revised Code shall be deposited into the fund.	1966
Investment earnings of the fund shall be credited to the fund.	1967
Investment earnings credited to the fund that exceed the amounts	1968
required to meet estimated federal arbitrage rebate requirements	1969
shall be used to pay costs incurred by the Ohio public works	1970
commission in administering sections 164.20 to 164.27 of the	1971
Revised Code.	1972

(B) Eighty-seven and one-half per cent of the moneys in the	1973
clean Ohio conservation fund shall be used to make grants to local	1974
political subdivisions and nonprofit organizations for projects	1975
that have been approved for grants under sections 164.20 to 164.27	1976
of the Revised Code. Twelve and one half per cent of the moneys	1977
in the clean Ohio conservation fund shall be used by the director	1978
of agriculture for the same purposes as moneys deposited in the	1979
agricultural easement purchase fund created in section 901.21 of	1980
the Revised Code. Moneys from the clean Ohio conservation fund	1981
shall be used for those purposes, when needed, upon the request of	1982
and as directed by the director of agriculture. The clean Ohio	1983
conservation fund shall be administered by the Ohio public works	1984
commission.	1985

(C) For the purpose of grants issued under sections 164.20	1986
to 164.27 of the Revised Code, moneys shall be allocated on an	1987
annual basis from the clean Ohio conservation fund to districts	1988
represented by natural resources assistance councils as follows:	1989

(1) Each district shall receive an amount that is equal to	1990
one-fourth of one per cent of the total annual amount allocated to	1991
all districts each year for each county that is represented by the	1992
district.	1993

(2) The remaining moneys shall be allocated to each district	1994
annually on a per capita basis.	1995

(D) A grant that is awarded under sections 164.20 to 164.27	1996
of the Revised Code may provide up to seventy-five per cent of the	1997
estimated cost of a project. Matching funds from a grant	1998
recipient may consist of contributions of money by any person, any	1999
local political subdivision, the state, or the federal government	2000
or of contributions in-kind by such entities through the purchase	2001
or donation of equipment, land, easements, interest in land,	2002
labor, or materials necessary to complete the project.	2003

(E) The director of the Ohio public works commission shall	2004
notify the director of budget and management of the amounts	2005
allocated pursuant to this section, and that information shall be	2006
entered in the state accounting system. The director of budget	2007
and management may establish appropriate line items or other	2008
mechanisms that are needed to track the allocations.	2009

(F) Grants awarded under sections 164.20 to 164.27 of the	2010
Revised Code from the clean Ohio conservation fund shall be used	2011
by a local political subdivision or nonprofit organization only to	2012
pay the costs related to the purposes for which grants may be	2013
issued under section 164.22 of the Revised Code and shall not be	2014
used by a local political subdivision or nonprofit organization to	2015
pay any administrative costs incurred by the local political	2016
subdivision or nonprofit organization.	2017

Sec. 164.28. (A) Decisions of the Ohio public works	2018
commission, district public works integrating committees, and	2019
natural resources assistance councils concerning applications for	2020
grants under sections 164.20 to 164.27 of the Revised Code are	2021
effective without a prior hearing under Chapter 119. of the	2022
Revised Code and are not appealable under that chapter or under	2023
any other provision of the Revised Code.	2024

(B) Nothing in sections 164.20 to 164.27 of the Revised Code	2025
shall create or be construed as creating a cause of action against	2026
any member, officer, or employee of the Ohio public works	2027
commission, district public works integrating committees, or	2028
natural resources assistance councils or a substantive legal right	2029
in favor of any applicant for a grant under those sections.	2030

Sec. 317.08.  Except as provided in division (F) of this	2031
section, the county recorder shall keep six separate sets of	2032
records as follows:	2033

(A) A record of deeds, in which shall be recorded all deeds	2034
and other instruments of writing for the absolute and	2035
unconditional sale or conveyance of lands, tenements, and	2036
hereditaments; all notices as provided for in sections 5301.47 to	2037
5301.56 of the Revised Code; all judgments or decrees in actions	2038
brought under section 5303.01 of the Revised Code; all	2039
declarations and bylaws as provided for in Chapter 5311. of the	2040
Revised Code; affidavits as provided for in section 5301.252 of	2041
the Revised Code; all certificates as provided for in section	2042
5311.17 of the Revised Code; all articles dedicating	2043
archaeological preserves accepted by the director of the Ohio	2044
historical society under section 149.52 of the Revised Code; all	2045
articles dedicating nature preserves accepted by the director of	2046
natural resources under section 1517.05 of the Revised Code; all	2047
agreements for the registration of lands as archaeological or	2048
historic landmarks under section 149.51 or 149.55 of the Revised	2049
Code; all conveyances of conservation easements and agricultural	2050
easements under section 5301.68 of the Revised Code; all	2051
instruments extinguishing agricultural easements under section	2052
901.21 or 5301.691 of the Revised Code or pursuant to terms of	2053
such an easement granted to a charitable organization under	2054
section 5301.68 of the Revised Code; all instruments or orders	2055
described in division (B)(1)(c)(ii) of section 5301.56 of the	2056
Revised Code; all no further action letters issued under section	2057
122.654 or 3746.11 of the Revised Code; all covenants not to sue	2058
issued under section 3746.12 of the Revised Code, including all	2059
covenants not to sue issued pursuant to section 122.654 of the	2060
Revised Code; any restrictions on the use of property contained in	2061
a no further action letter issued under section 122.654 of the	2062
Revised Code and any restrictions on the use of property	2063
identified pursuant to division (C)(3) of section 3746.10 of the	2064
Revised Code; all memoranda of trust, as described in division (A)	2065
of section 5301.255 of the Revised Code, that describe specific	2066
real property; and all agreements entered into under division (A)	2067
of section 1521.26 of the Revised Code;	2068

(B) A record of mortgages, in which shall be recorded all of	2069
the following:	2070

(1) All mortgages, including amendments, supplements,	2071
modifications, and extensions of mortgages, or other instruments	2072
of writing by which lands, tenements, or hereditaments are or may	2073
be mortgaged or otherwise conditionally sold, conveyed, affected,	2074
or encumbered;	2075

(2) All executory installment contracts for the sale of land	2076
executed after September 29, 1961, that by their terms are not	2077
required to be fully performed by one or more of the parties to	2078
them within one year of the date of the contracts;	2079

(3) All options to purchase real estate, including	2080
supplements, modifications, and amendments of the options, but no	2081
option of that nature shall be recorded if it does not state a	2082
specific day and year of expiration of its validity;	2083

(4) Any tax certificate sold under section 5721.33 of the	2084
Revised Code, or memorandum thereof, that is presented for filing	2085
of record.	2086

(C) A record of powers of attorney, including all memoranda	2087
of trust, as described in division (A) of section 5301.255 of the	2088
Revised Code, that do not describe specific real property;	2089

(D) A record of plats, in which shall be recorded all plats	2090
and maps of town lots, of the subdivision of town lots, and of	2091
other divisions or surveys of lands, any center line survey of a	2092
highway located within the county, the plat of which shall be	2093
furnished by the director of transportation or county engineer,	2094
and all drawings as provided for in Chapter 5311. of the Revised	2095
Code;	2096

(E) A record of leases, in which shall be recorded all	2097
leases, memoranda of leases, and supplements, modifications, and	2098
amendments of leases and memoranda of leases;	2099

(F) A record of declarations executed pursuant to section	2100
2133.02 of the Revised Code and durable powers of attorney for	2101
health care executed pursuant to section 1337.12 of the Revised	2102
Code.	2103

All instruments or memoranda of instruments entitled to	2104
record shall be recorded in the proper record in the order in	2105
which they are presented for record. The recorder may index,	2106
keep, and record in one volume unemployment compensation liens,	2107
internal revenue tax liens and other liens in favor of the United	2108
States as described in division (A) of section 317.09 of the	2109
Revised Code, personal tax liens, mechanic's liens, agricultural	2110
product liens, notices of liens, certificates of satisfaction or	2111
partial release of estate tax liens, discharges of recognizances,	2112
excise and franchise tax liens on corporations, broker's liens,	2113
and liens provided for in sections 1513.33, 1513.37, 3752.13,	2114
5111.021, and 5311.18 of the Revised Code.	2115

The recording of an option to purchase real estate, including	2116
any supplement, modification, and amendment of the option, under	2117
this section shall serve as notice to any purchaser of an interest	2118
in the real estate covered by the option only during the period of	2119
the validity of the option as stated in the option.	2120

(G) In lieu of keeping the six separate sets of records	2121
required in divisions (A) to (F) of this section and the records	2122
required in division (H) of this section, a county recorder may	2123
record all the instruments required to be recorded by this section	2124
in two separate sets of record books. One set shall be called the	2125
"official records" and shall contain the instruments listed in	2126
divisions (A), (B), (C), (E), (F), and (H) of this section. The	2127
second set of records shall contain the instruments listed in	2128
division (D) of this section.	2129

(H) Except as provided in division (G) of this section, the	2130
county recorder shall keep a separate set of records containing	2131
all corrupt activity lien notices filed with the recorder pursuant	2132
to section 2923.36 of the Revised Code and a separate set of	2133
records containing all medicaid fraud lien notices filed with the	2134
recorder pursuant to section 2933.75 of the Revised Code.	2135

Sec. 901.21.  (A) As used in this section and section 901.22	2136
of the Revised Code:	2137

(1) "Agricultural easement" has the same meaning as in	2138
section 5301.67 of the Revised Code.	2139

(2) "Agriculture" means those activities occurring on land	2140
devoted exclusively to agricultural use, as defined in section	2141
5713.30 of the Revised Code, or on land that constitutes a	2142
homestead.	2143

(3) "Homestead" means the portion of a farm on which is	2144
located a dwelling house, yard, or outbuildings such as a barn or	2145
garage.	2146

(B) The director of agriculture may acquire real property	2147
used predominantly in agriculture and agricultural easements by	2148
gift, devise, or bequest if, at the time an easement is granted,	2149
such easements arean easement is on land that is valued for	2150
purposes of real property taxation at its current value for	2151
agricultural use under section 5713.31 of the Revised Code when	2152
the easement is grantedor that constitutes a homestead. Any	2153
terms may be included in an agricultural easement so acquired that	2154
are necessary or appropriate to preserve on behalf of the grantor	2155
of the easement the favorable tax consequences of the gift,	2156
devise, or bequest under the "Internal Revenue Act of 1986," 100	2157
Stat. 2085, 26 U.S.C.A. 1, as amended. The director, by any such	2158
means or by purchase or lease, may acquire, or acquire the use of,	2159
stationary personal property or equipment that is located on land	2160
acquired in fee by the director under this section and that is	2161
necessary or appropriate for the use of the land predominantly in	2162
agriculture.	2163

(C) The director may do all things necessary or appropriate	2164
to retain the use of real property acquired in fee under division	2165
(B) of this section predominantly in agriculture, including,	2166
without limitation, performing any of the activities described in	2167
division (A)(1) or (2) of section 5713.30 of the Revised Code or	2168
entering into contracts to lease or rent the real property so	2169
acquired to persons or governmental entities that will use the	2170
land predominantly in agriculture.	2171

(D)(1) When the director considers it to be necessary or	2172
appropriate, the director may sell real property acquired in fee,	2173
and stationary personal property or equipment acquired by gift,	2174
devise, bequest, or purchase, under division (B) of this section	2175
on such terms as the director considers to be advantageous to this	2176
state.	2177

(2) An agricultural easement acquired under division (B) of	2178
this section may be extinguished under the circumstances	2179
prescribed, and in accordance with the terms and conditions set	2180
forth, in the instrument conveying the agricultural easement.	2181

(E) There is hereby created in the state treasury the	2182
agricultural easement purchase fund. The fund shall consist of	2183
the proceeds received from the sale of real and personal property	2184
under division (D) of this section; moneys received due to the	2185
extinguishment of agricultural easements acquired by the director	2186
under division (B) of this section or section 5301.691 of the	2187
Revised Code; moneys received due to the extinguishment of	2188
agricultural easements purchased with the assistance of matching	2189
grants made under section 901.22 of the Revised Code; gifts,	2190
bequests, devises, and contributions received by the director for	2191
the purpose of acquiring agricultural easements; and grants	2192
received from public or private sources for the purpose of	2193
purchasing agricultural easements. The fund shall be administered	2194
by the director, and moneys in the fund shall be used by the	2195
director exclusively to purchase agricultural easements under	2196
division (A) of section 5301.691 of the Revised Code and provide	2197
matching grants under section 901.22 of the Revised Code to	2198
municipal corporations, counties, townships, and charitable	2199
organizations for the purchase of agricultural easements. Money	2200
in the fund shall be used only to purchase agricultural easements	2201
on land that is valued for purposes of real property taxation at	2202
its current value for agricultural use under section 5713.31 of	2203
the Revised Code or that constitutes a homestead when the easement	2204
is purchased.	2205

(F) The term of an agricultural easement purchased wholly or	2206
in part with money from the clean Ohio conservation fund created	2207
in section 164.27 of the Revised Code shall be perpetual and shall	2208
run with the land.	2209

Sec. 901.22.  (A) The director of agriculture, in accordance	2210
with Chapter 119. of the Revised Code, shall adopt rules that do	2211
all of the following:	2212

(1) Establish procedures and eligibility criteria for making	2213
matching grants to municipal corporations, counties, townships,	2214
and charitable organizations described in division (B) of section	2215
5301.69 of the Revised Code for the purchase of agricultural	2216
easements;. With respect to agricultural easements that are	2217
purchased or proposed to be purchased with such matching grants	2218
that consist in whole or in part of moneys from the clean Ohio	2219
conservation fund created in section 164.27 of the Revised Code,	2220
the rules shall establish all of the following:	2221

(a) Procedures for all of the following:

2222

(i) Soliciting and accepting applications for matching	2223
grants;	2224

(ii) Participation by local governments and by the public	2225
in the process of making matching grants to charitable	2226
organizations;	2227

(iii) Notifying local governments, charitable	2228
organizations, and organizations that represent the interests of	2229
farmers of the ranking system established in rules adopted under	2230
division (A)(1)(b) of this section.	2231

(b) A ranking system for applications for the matching	2232
grants that is based on the soil type, proximity of the land that	2233
is the subject of an application to other agricultural land that	2234
is already or is in the process of becoming permanently protected	2235
from development, farm stewardship, development pressure, and, if	2236
applicable, a local comprehensive land use plan involved with a	2237
proposed agricultural easement. The rules shall require that	2238
preference be given to proposed agricultural easements that	2239
involve the greatest proportion of all of the following:	2240

(i) Prime soils, unique or locally important soils,	2241
microclimates, or similar features;	2242

(ii) Land that is adjacent to or that is in close	2243
proximity to other agricultural land that is already or is in the	2244
process of becoming permanently protected from development, by	2245
agricultural easement or otherwise, so that a buffer would exist	2246
between the land involving the proposed agricultural easement and	2247
areas that have been developed or likely will be developed for	2248
purposes other than agriculture;	2249

(iii) The use of best management practices, including	2250
federally or state approved conservation plans, and a history of	2251
substantial compliance with applicable federal and state laws;	2252

(iv) Development pressure that is imminent, but not a	2253
result of current location in the direct path of urban	2254
development;	2255

(v) Areas identified for agricultural protection in local	2256
comprehensive land use plans.	2257

(c) Any other criteria that the director determines are	2258
necessary for selecting applications for matching grants;	2259

(d) Requirements regarding the information that must be	2260
included in the annual monitoring report that must be prepared for	2261
an agricultural easement under division (D)(2) of section 5301.691	2262
of the Revised Code, procedures for submitting a copy of the	2263
report to the office of farmland preservation in the department of	2264
agriculture, and requirements and procedures governing corrective	2265
actions that may be necessary to enforce the terms of the	2266
agricultural easement.	2267

(2) Establish provisions that shall be included in the	2268
instrument conveying to a municipal corporation, county, township,	2269
or charitable organization any agricultural easement purchased	2270
with matching grant funds provided by the director under this	2271
section, including, without limitation, all of the following	2272
provisions:	2273

(a) A provision stating that an easement so purchased may be	2274
extinguished only if an unexpected change in the conditions of or	2275
surrounding the land that is subject to the easement makes	2276
impossible or impractical the continued use of the land for the	2277
purposes described in the easement, or if the requirements of the	2278
easement are extinguished by judicial proceedings;	2279

(b) A provision requiring that, upon the sale, exchange, or	2280
involuntary conversion of the land subject to the easement, the	2281
holder of the easement shall be paid an amount of money that is at	2282
least equal to the proportionate value of the easement compared to	2283
the total value of the land at the time the easement was acquired;	2284

(c) A provision requiring that, upon receipt of the portion	2285
of the proceeds of a sale, exchange, or involuntary conversion	2286
described in division (A)(2)(b) of this section, the municipal	2287
corporation, county, township, or charitable organization remit to	2288
the director an amount of money equal to the percentage of the	2289
cost of purchasing the easement it received as a matching grant	2290
under this section.	2291

Moneys received by the director pursuant to rules adopted	2292
under division (A)(2)(c) of this section shall be credited to the	2293
agricultural easement purchase fund created in section 901.21 of	2294
the Revised Code.	2295

(3) AnyEstablish a provision that provides a charitable	2296
organization described in division (B) of section 5301.69 of the	2297
Revised Code, municipal corporation, township, or county with the	2298
option of purchasing agricultural easements either in installments	2299
or with a lump sum payment. The rules shall include a requirement	2300
that a charitable organization, municipal corporation, township,	2301
or county negotiate with the seller of the agricultural easement	2302
concerning any installment payment terms, including the dates and	2303
amounts of payments and the interest rate on the outstanding	2304
balance. The rules also shall require the director to approve any	2305
method of payment that is undertaken in accordance with the rules	2306
adopted under division (A)(3) of this section.	2307

(4) Establish any other requirements that the director	2308
considers to be necessary or appropriate to implement or	2309
administer a program to make matching grants under this section	2310
and monitor those grants.	2311

(B) The director may develop guidelines regarding the	2312
acquisition of agricultural easements by the department of	2313
agriculture and the provisions of instruments conveying those	2314
easements. The director may make the guidelines available to	2315
public and private entities authorized to acquire and hold	2316
agricultural easements.	2317

(C) The director may provide technical assistance in	2318
developing a program for the acquisition and monitoring of	2319
agricultural easements to public and private entities authorized	2320
to hold agricultural easements. The technical assistance may	2321
include, without limitation, reviewing and providing advisory	2322
recommendations regarding draft instruments conveying agricultural	2323
easements.	2324

(D) The director may make matching grants from the	2325
agricultural easementseasement purchase fund created in section	2326
901.21 of the Revised Code to municipal corporations, counties,	2327
townships, and charitable organizations described in division (B)	2328
of section 5301.69 of the Revised Code, to assist those political	2329
subdivisions and charitable organizations in purchasing	2330
agricultural easements. Application for a matching grant shall be	2331
made on forms prescribed and provided by the director. The	2332
matching grants shall be made in compliance with the criteria and	2333
procedures established in rules adopted under this section.	2334
Instruments conveying agricultural easements purchased with	2335
matching grant funds provided under this section, at a minimum,	2336
shall include the mandatory provisions set forth in those rules.	2337

Matching grants made under this division using moneys from	2338
the clean Ohio conservation fund created in section 164.27 of the	2339
Revised Code may provide up to seventy-five per cent of the value	2340
of an agricultural easement as determined by a general real estate	2341
appraiser who is certified under Chapter 4763. of the Revised	2342
Code. Not less than twenty-five per cent of the value of the	2343
agricultural easement shall be provided by the recipient of the	2344
matching grant or donated by the person who is transferring the	2345
easement to the grant recipient. The amount of such a matching	2346
grant used for the purchase of a single agricultural easement	2347
shall not exceed one million dollars.	2348

(E)(1) The director shall monitor and evaluate the	2349
effectiveness and efficiency of the agricultural easement program	2350
as a farmland preservation tool. On or before July 1, 1999, and	2351
the first day of July of each year thereafter, the director shall	2352
prepare and submit a report to the chairpersons of the standing	2353
committees of the senate and the house of representatives that	2354
consider legislation regarding agriculture. The report shall	2355
consider and address the following criteria to determine the	2356
program's effectiveness:	2357

(a) The number of agricultural easements purchased during	2358
the preceding year;	2359

(b) The location of those easements;

2360

(c) The number of acres of land preserved for agricultural	2361
use;	2362

(d) The amount of money used by a municipal corporation,	2363
township, or county from its general fund or special fund to	2364
purchase the agricultural easements;	2365

(e) The number of state matching grants given to purchase	2366
the agricultural easements;	2367

(f) The amount of state matching grant moneys used to	2368
purchase the agricultural easements.	2369

(2) The report also shall consider and include, at a	2370
minimum, the following information for each county to determine	2371
the program's efficiency:	2372

(a) The total number of acres in the county;

2373

(b) The total number of acres in current agricultural use;

2374

(c) The total number of acres preserved for agricultural use	2375
in the preceding year;	2376

(d) The average cost, per acre, of land preserved for	2377
agricultural use in the preceding year.	2378

Sec. 5301.67.  As used in sections 5301.67 to 5301.70 of the	2379
Revised Code:	2380

(A) "Conservation easement" means an incorporeal right or	2381
interest in land that is held for the public purpose of retaining	2382
land, water, or wetland areas predominantly in their natural,	2383
scenic, open, or wooded condition, including, without limitation,	2384
the use of land in agriculture when consistent with and in	2385
furtherance of the purpose of retaining those areas in such a	2386
condition, or retaining their use predominantly as suitable	2387
habitat for fish, plants, or wildlife; that imposes any	2388
limitations on the use or development of the areas that are	2389
appropriate at the time of creation of the conservation easement	2390
to achieve one or more of those purposes; and that includes	2391
appropriate provisions for the holder to enter the property	2392
subject to the easement at reasonable times to ensure compliance	2393
with its provisions.	2394

(B) "Agriculture" means those activities occurring on land	2395
devoted exclusively to agricultural use, as defined in section	2396
5713.30 of the Revised Code, or on land that constitutes a	2397
homestead.	2398

(C) "Agricultural easement" means an incorporeal right or	2399
interest in land that is held for the public purpose of retaining	2400
the use of land predominantly in agriculture; that imposes any	2401
limitations on the use or development of the land that are	2402
appropriate at the time of creation of the easement to achieve	2403
that purpose; that is in the form of articles of dedication,	2404
easement, covenant, restriction, or condition; and that includes	2405
appropriate provisions for the holder to enter the property	2406
subject to the easement at reasonable times to ensure compliance	2407
with its provisions.	2408

(D) "Homestead" means the portion of a farm on which is	2409
located a dwelling house, yard, or outbuildings such as a barn or	2410
garage.	2411

Sec. 5301.68.  An owner of land may grant a conservation	2412
easement to the department of natural resources, a park district	2413
created under Chapter 1545. of the Revised Code, a township park	2414
district created under section 511.18 of the Revised Code, a	2415
conservancy district created under Chapter 6101. of the Revised	2416
Code, a soil and water conservation district created under Chapter	2417
1515. of the Revised Code, a county, a township, a municipal	2418
corporation, or a charitable organization that is authorized to	2419
hold conservation easements by division (B) of section 5301.69 of	2420
the Revised Code, in the form of articles of dedication, easement,	2421
covenant, restriction, or condition. An owner of land also may	2422
grant an agricultural easement to the director of agriculture; to	2423
a municipal corporation, county, or township; or to a charitable	2424
organization described in division (B) of section 5301.69 of the	2425
Revised Code. An owner of land may grant an agricultural easement	2426
only on land that is valued for purposes of real property taxation	2427
at its current value for agricultural use under section 5713.31 of	2428
the Revised Code or that constitutes a homestead when the easement	2429
is granted.	2430

All conservation easements and agricultural easements shall	2431
be executed and recorded in the same manner as other instruments	2432
conveying interests in land.	2433

Sec. 5301.69.  (A) The director of natural resources, the	2434
board of park commissioners of a park district created under	2435
Chapter 1545. of the Revised Code, the board of park commissioners	2436
of a township park district created under section 511.18 of the	2437
Revised Code, the board of directors of a conservancy district	2438
created under Chapter 6101. of the Revised Code, the board of	2439
supervisors of a soil and water conservation district created	2440
under Chapter 1515. of the Revised Code, the board of county	2441
commissioners of a county, the board of township trustees of a	2442
township, or the legislative authority of a municipal corporation	2443
may acquire conservation easements in the name of the state, the	2444
district, or the county, township, or municipal corporation in the	2445
same manner as other interests in land may be acquired under	2446
section 307.02, 307.18, 505.10, 505.261, 511.23, 717.01, 1501.01,	2447
1515.08, 1545.11, or 6101.15 of the Revised Code. Each officer,	2448
board, or authority acquiring a conservation easement shall name	2449
an appropriate administrative officer, department, or division to	2450
supervise and enforce the easement.	2451

(B) A charitable organization may acquire and hold	2452
conservation easements if it is exempt from federal taxation under	2453
subsection 501(a) and is described in subsection 501(c) of the	2454
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as	2455
amended, and organized for any of the following purposes: the	2456
preservation of land areas for public outdoor recreation or	2457
education, or scenic enjoyment; the preservation of historically	2458
important land areas or structures; or the protection of natural	2459
environmental systems. Such a charitable organization also may	2460
acquire and hold agricultural easements subject to the limitation	2461
that it may do so only on land that is valued for purposes of real	2462
property taxation at its current value for agricultural use under	2463
section 5713.31 of the Revised Code or that constitutes a	2464
homestead when the easement is granted.	2465

Sec. 5301.691.  (A)(1) Subject to divisions (A)(2) and (E)	2466
of this section, the director of agriculture, with moneys credited	2467
to the agricultural easement purchase fund created in section	2468
901.21 of the Revised Code, may purchase agricultural easements in	2469
the name of the state.	2470

(2) Not less than thirty days prior to the acquisition of an	2471
agricultural easement under division (A)(1) of this section or the	2472
extinguishment of such an easement purchased under that division,	2473
the director shall provide written notice of the intention to do	2474
so to the board of county commissioners of the county in which the	2475
land that is or is proposed to be subject to the easement or	2476
extinguishment is located, and either to the legislative authority	2477
of the municipal corporation in which the land is located, if it	2478
is located in an incorporated area, or to the board of township	2479
trustees of the township in which the land is located, if it is	2480
located in an unincorporated area. If, within thirty days after	2481
the director provides the notice, the board of county	2482
commissioners, legislative authority, or board of township	2483
trustees requests an informational meeting with the director	2484
regarding the proposed acquisition or extinguishment, the director	2485
shall meet with the legislative authority or board to respond to	2486
the board's or authority's questions and concerns. If a meeting	2487
is timely requested under division (A)(2) of this section, the	2488
director shall not undertake the proposed acquisition or	2489
extinguishment until after the meeting has been concluded.	2490

The director, upon the director's own initiative and prior to	2491
the purchase of an agricultural easement under division (A)(1) of	2492
this section or the extinguishment of such an easement, may hold	2493
an informational meeting with the board of county commissioners	2494
and the legislative authority of the municipal corporation or	2495
board of township trustees in which land that would be affected by	2496
the proposed acquisition or extinguishment is located, to respond	2497
to any questions and concerns of the board or authority regarding	2498
the proposed acquisition or extinguishment.	2499

(B)(1) Subject to division (E) of this section, the	2500
legislative authority of a municipal corporation, board of county	2501
commissioners of a county, or board of trustees of a township,	2502
with moneys in the political subdivision's general fund not	2503
required by law or charter to be used for other specified purposes	2504
or with moneys in a special fund of the political subdivision to	2505
be used for the purchase of agricultural easements, may purchase	2506
agricultural easements in the name of the municipal corporation,	2507
county, or township.	2508

(2) Subject to division (E) of this section, the legislative	2509
authority of a municipal corporation, board of county	2510
commissioners of a county, or board of township trustees of a	2511
township may acquire agricultural easements by gift, devise, or	2512
bequest. Any terms may be included in an agricultural easement so	2513
acquired that are necessary or appropriate to preserve on behalf	2514
of the grantor of the easement the favorable tax consequences of	2515
the gift, devise, or bequest under the "Internal Revenue Act of	2516
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	2517

(C)(1) The term of an agricultural easement purchased wholly	2518
or in part with money from the agricultural easement purchase fund	2519
shall be perpetual and shall run with the land.	2520

(2) The term of an agricultural easement purchased by such a	2521
legislative authority or board without the use of any money from	2522
the agricultural easement purchase fund may be perpetual or for a	2523
specified period. The agricultural easement shall run with the	2524
land. The instrument conveying an agricultural easement for a	2525
specified period shall include provisions specifying, at a	2526
minimum, all of the following:	2527

(a) The consideration to be paid for the easement and manner	2528
of payment;	2529

(b) Whether the easement is renewable and, if so, procedures	2530
for its renewal;	2531

(c) The circumstances under which the easement may be	2532
extinguished;	2533

(d) The method for determining the amount of money, if any,	2534
due the holder of the easement upon extinguishment and for payment	2535
of that amount to the holder.	2536

(D)(1) The director and each legislative authority of a	2537
municipal corporation, board of county commissioners, or board of	2538
township trustees, upon acquiring an agricultural easement by	2539
purchase, gift, devise, or bequest under this section or section	2540
901.21 of the Revised Code, shall name an appropriate	2541
administrative officer, department, or division to supervise and	2542
enforce the easement. A legislative authority or board may enter	2543
into a contract with the board of park commissioners of a park	2544
district established under Chapter 1545. of the Revised Code, the	2545
board of park commissioners of a township park district	2546
established under section 511.18 of the Revised Code, or the board	2547
of supervisors of a soil and water conservation district	2548
established under Chapter 1515. of the Revised Code having	2549
territorial jurisdiction within the municipal corporation, county,	2550
or township, or with a charitable organization described in	2551
division (B) of section 5301.69 of the Revised Code, to supervise	2552
on behalf of the legislative authority or board an agricultural	2553
easement so acquired. The contract may be entered into on such	2554
terms as are agreeable to the parties and shall specify or	2555
prescribe a method for determining the amounts of any payments to	2556
be made by the legislative authority or board of county	2557
commissioners or township trustees for the performance of the	2558
contract.	2559

(2) With respect to an agricultural easement purchased with	2560
a matching grant that is made under division (D) of section 901.22	2561
of the Revised Code and that consists in whole or in part of	2562
moneys from the clean Ohio conservation fund created in section	2563
164.27 of the Revised Code, the recipient of the matching grant	2564
shall make an annual monitoring visit to the land that is the	2565
subject of the easement. The purpose of the visit is to ensure	2566
that no development that is prohibited by the terms of the	2567
easement has occurred or is occurring. In accordance with rules	2568
adopted under division (A)(1)(d) of section 901.22 of the Revised	2569
Code, the grant recipient shall prepare a written annual	2570
monitoring report and submit it to the office of farmland	2571
preservation in the department of agriculture. If necessary to	2572
enforce the terms of the easement, the grant recipient shall take	2573
corrective action in accordance with those rules.	2574

(E) The director; a municipal corporation, county, or	2575
township; or a charitable organization described in division (B)	2576
of section 5301.69 of the Revised Code, may acquire agricultural	2577
easements by purchase, gift, devise, or bequest only on land that	2578
is valued for purposes of real property taxation at its current	2579
value for agricultural use under section 5713.31 of the Revised	2580
Code or that constitutes a homestead when the easement is granted.	2581

(F) An agricultural easement acquired by the director under	2582
division (A) of this section may be extinguished if an unexpected	2583
change in the conditions of or surrounding the land that is	2584
subject to the easement makes impossible or impractical the	2585
continued use of the land for the purposes described in the	2586
agricultural easement, or if the requirements of the easement are	2587
extinguished by judicial proceedings. Upon the sale, exchange, or	2588
involuntary conversion of the land subject to the easement, the	2589
director shall be paid an amount of money that is at least equal	2590
to the proportionate value of the easement compared to the total	2591
value of the land at the time the easement was acquired. Moneys	2592
so received shall be credited to the agricultural easement	2593
purchase fund created in section 901.21 of the Revised Code.	2594

An agricultural easement acquired by a municipal corporation,	2595
county, or township under division (B) of this section may be	2596
extinguished under the circumstances prescribed, and in accordance	2597
with the terms and conditions set forth, in the instrument	2598
conveying the agricultural easement. An agricultural easement	2599
acquired by a charitable organization described in division (B) of	2600
section 5301.69 of the Revised Code may be extinguished under the	2601
circumstances prescribed, and in accordance with the terms and	2602
conditions set forth, in the instrument conveying the agricultural	2603
easement.	2604

Any instrument extinguishing an agricultural easement shall	2605
be executed and recorded in the same manner as other instruments	2606
conveying or terminating interests in real property.	2607

(G) Promptly after the recording and indexing of an	2608
instrument conveying an agricultural easement to any person or to	2609
a municipal corporation, county, or township or of an instrument	2610
extinguishing an agricultural easement held by any person or such	2611
a political subdivision, the county recorder shall mail, by	2612
regular mail, a photocopy of the instrument to the office of	2613
farmland preservation in the department of agriculture. The	2614
photocopy shall be accompanied by an invoice for the applicable	2615
fee established in section 317.32 of the Revised Code. Promptly	2616
after receiving the photocopy and invoice, the office of farmland	2617
preservation shall remit the fee to the county recorder.	2618

(H) The director, the legislative authority of a municipal	2619
corporation, a board of county commissioners, or a board of	2620
township trustees may receive and expend grants from any public or	2621
private source for the purpose of purchasing agricultural	2622
easements and supervising and enforcing them.	2623

Section 2. That existing sections 126.11, 151.01, 164.02,	2624
317.08, 901.21, 901.22, 5301.67, 5301.68, 5301.69, and 5301.691 of	2625
the Revised Code are hereby repealed.	2626