SENATORS Carnes, Spada, Randy Gardner, Mead, DiDonato, Espy, Prentiss, Brady, Jacobson, Harris, Hagan, Armbruster, Mumper, Ryan

To amend sections 126.11, 151.01, 164.02, 317.08,

1

901.21, 901.22, 3746.13, 5301.67, 5301.68,

2

5301.69, and 5301.691 and to enact sections 122.65,

3

122.651, 122.652, 122.653, 122.654, 122.655,

4

122.656, 122.657, 122.658, 122.659, 122.99, 151.09,

5

151.40, 164.20 to 164.27, 901.23, 1519.05, 1519.06,

6

and 3745.40 of the Revised Code and to amend

7

Sections 17, 41, 41.07, 50, 50.01, 78, 78.01, 92,

8

and 106 of Am. Sub. H.B. 94 of the 124th General

9

Assembly to provide for the implementation of

10

programs to finance brownfields revitalization

11

projects, natural resource projects, and farmland

12

preservation projects through the issuance of

13

obligations of the state, and to make an

14

appropriation.

15

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

Section 1. That sections 126.11, 151.01, 164.02, 317.08,	16
901.21, 901.22, 3746.13, 5301.67, 5301.68, 5301.69, and 5301.691	17
be amended and sections 122.65, 122.651, 122.652, 122.653,	18
122.654, 122.655, 122.656, 122.657, 122.658, 122.659, 122.99,	19
151.09, 151.40, 164.20, 164.21, 164.22, 164.23, 164.24, 164.25,	20
164.26, 164.27, 901.23, 1519.05, 1519.06, and 3745.40 of the	21
Revised Code be enacted to read as follows:	22

Sec. 122.65. As used in sections 122.65 to 122.659 of the	23
Revised Code:	24

(A) "Applicable cleanup standards" means either of the	25
following:	26

(1) For property to which Chapter 3734. of the Revised Code	27
and rules adopted under it apply, the requirements for closure or	28
corrective action established in rules adopted under section	29
3734.12 of the Revised Code;	30

(2) For property to which Chapter 3746. of the Revised Code	31
and rules adopted under it apply, the cleanup standards that are	32
established in rules adopted under section 3746.04 of the Revised	33
Code.	34

(B) "Applicant" means a county, township, municipal	35
corporation, port authority, or conservancy district or a park	36
district, other similar park authority, nonprofit organization, or	37
organization for profit that has entered into an agreement with a	38
county, township, municipal corporation, port authority, or	39
conservancy district to work in conjunction with that county,	40
township, municipal corporation, port authority, or conservancy	41
district for the purposes of sections 122.65 to 122.658 of the	42
Revised Code.	43

(C) "Assessment" means a phase I and phase II property	44
assessment conducted in accordance with section 3746.04 of the	45
Revised Code and rules adopted under that section.	46

(D) "Brownfield" means an abandoned, idled, or under-used	47
industrial or commercial property where expansion or redevelopment	48
is complicated by known or potential releases of hazardous	49
substances or petroleum.	50

(E) "Certified professional," "hazardous substance,"	51
"petroleum," and "release" have the same meanings as in section	52
3746.01 of the Revised Code.	53

(F) "Cleanup or remediation" means any action to contain,	54
remove, or dispose of hazardous substances or petroleum at a	55
brownfield. "Cleanup or remediation" includes the acquisition of	56
a brownfield, demolition performed at a brownfield, and the	57
installation or upgrade of the minimum amount of infrastructure	58
that is necessary to make a brownfield operational for economic	59
development activity.	60

(G) "Distressed area" means either a municipal corporation	61
with a population of at least fifty thousand or a county that	62
meets any two of the following criteria:	63

(1) Its average rate of unemployment, during the most recent	64
five-year period for which data are available, is equal to at	65
least one hundred twenty-five per cent of the average rate of	66
unemployment for the United States for the same period.	67

(2) It has a per capita income equal to or below eighty per	68
cent of the median county per capita income of the United States	69
as determined by the most recently available figures from the	70
United States census bureau.	71

(3)(a) In the case of a municipal corporation, at least	72
twenty per cent of the residents have a total income for the most	73
recent census year that is below the official poverty line.	74

(b) In the case of a county, in intercensal years, the county	75
has a ratio of transfer payment income to total county income	76
equal to or greater than twenty-five per cent.	77

"Distressed area" includes a municipal corporation the	78
majority of the population of which is situated in a county that	79
is a distressed area.	80

(H) "Eligible area" means a distressed area, an inner city	81
area, a labor surplus area, or a situational distress area.	82

(I) "Inner city area" means an area in a municipal	83
corporation that has a population of at least one hundred	84
thousand, is not a labor surplus area, and is a targeted	85
investment area established by the municipal corporation that is	86
comprised of block tracts identified in the most recently	87
available figures from the United States census bureau in which at	88
least twenty per cent of the population in the area is at or below	89
the official poverty line or of contiguous block tracts meeting	90
those criteria.	91

(J) "Integrating committee" means a district public works	92
integrating committee established under section 164.04 of the	93
Revised Code.	94

(K) "Labor surplus area" means an area designated as a labor	95
surplus area by the United States department of labor.	96

(L) "Loan" includes credit enhancement.

97

(M) "No further action letter" means a letter that is	98
prepared by a certified professional when, on the basis of the	99
best knowledge, information, and belief of the certified	100
professional, the certified professional concludes that the	101
cleanup or remediation of a brownfield meets the applicable	102
cleanup standards and that contains all of the information	103
specified in rules adopted under division (B)(7) of section	104
3746.04 of the Revised Code.	105

(N) "Nonprofit organization" means a corporation,	106
association, group, institution, society, or other organization	107
that is exempt from federal income taxation under section	108
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,	109
26 U.S.C. 501(c)(3), as amended.	110

(O) "Property" means any parcel of real property, or portion	111
of such a parcel, and any improvements to it.	112

(P) "Public health project" means the cleanup or remediation	113
of a release or threatened release of hazardous substances or	114
petroleum at a property where little or no economic redevelopment	115
potential exists.	116

(Q) "Official poverty line" has the same meaning as in	117
section 3923.51 of the Revised Code.	118

(R) "Situational distress area" means a county or a	119
municipal corporation that has experienced or is experiencing a	120
closing or downsizing of a major employer that will adversely	121
affect the county or municipal corporation's economy and that has	122
applied to the director of development to be designated as a	123
situational distress area for not more than thirty months by	124
demonstrating all of the following:	125

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

126

(2) The impact that the job loss has on the county or	127
municipal corporation's unemployment rate as measured by the	128
director of job and family services;	129

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

130

(4) The amount of state and local taxes associated with the	131
job loss;	132

(5) The impact that the closing or downsizing has on	133
suppliers located in the county or municipal corporation.	134

Sec. 122.651. (A) There is hereby created the clean Ohio	135
council consisting of the director of development or the	136
director's designee, the director of environmental protection or	137
the director's designee, the director of the Ohio public works	138
commission as a nonvoting, ex officio member, one member of the	139
majority party of the senate and one member of the minority party	140
of the senate to be appointed by the president of the senate, one	141
member of the majority party of the house of representatives and	142
one member of the minority party of the house of representatives	143
to be appointed by the speaker of the house of representatives,	144
and seven members to be appointed by the governor with the advice	145
and consent of the senate. Of the members appointed by the	146
governor, one shall represent the interests of counties, one shall	147
represent the interests of townships, one shall represent the	148
interests of municipal corporations, two shall represent the	149
interests of business and development, and two shall represent	150
statewide environmental advocacy organizations. The members	151
appointed by the governor shall reflect the demographic and	152
economic diversity of the population of the state. Additionally,	153
the governor's appointments shall represent all areas of the	154
state. All appointments to the council shall be made not later	155
than one hundred twenty days after the effective date of this	156
section.	157

(B) The members appointed by the president of the senate and	158
the house of representatives shall serve at the pleasure of their	159
appointing authorities. Of the initial members appointed by the	160
governor to the clean Ohio council, four shall be appointed for	161
two years and three shall be appointed for one year. Thereafter,	162
terms of office for members appointed by the governor shall be for	163
two years, with each term ending on the same day of the same month	164
as did the term that it succeeds. Each of those members shall	165
hold office from the date of appointment until the end of the term	166
for which the member is appointed.	167

Members may be reappointed. Vacancies shall be filled in the	168
same manner as provided for original appointments. Any member	169
appointed to fill a vacancy occurring prior to the expiration date	170
of the term for which the member was appointed shall hold office	171
for the remainder of that term. A member shall continue in office	172
after the expiration date of the member's term until the member's	173
successor takes office or until a period of sixty days has	174
elapsed, whichever occurs first. The governor may remove a member	175
appointed by the governor for misfeasance, nonfeasance, or	176
malfeasance in office.	177

(C) The director of development shall serve as the	178
chairperson of the clean Ohio council. The council annually shall	179
select from among its members a vice-chairperson and a secretary	180
to keep a record of its proceedings. A majority vote of a quorum	181
of the members of the council is necessary to take action on any	182
matter. The council may adopt bylaws governing its operation,	183
including bylaws that establish the frequency of meetings,	184
procedures for reviewing eligible projects under sections 122.65	185
to 122.658 of the Revised Code and policies and requirements	186
established under section 122.657 of the Revised Code, and other	187
necessary procedures.	188

(D) Serving as a member of the clean Ohio council does not	189
constitute holding a public office or position of employment under	190
the laws of this state and does not constitute grounds for removal	191
of public officers or employees from their offices or positions of	192
employment. Members of the council shall serve without	193
compensation for attending council meetings.	194

(E) Members appointed by the governor shall not have a	195
conflict of interest with the position. For the purposes of this	196
division, "conflict of interest" means the taking of any action	197
that violates any provision of Chapter 102. or 2921. of the	198
Revised Code.	199

(F) The department of development shall provide office space	200
for the council. The council shall be assisted in its duties by	201
the staff of the department of development and the environmental	202
protection agency.	203

(G) Sections 101.82 to 101.87 of the Revised Code do not	204
apply to the clean Ohio council.	205

Sec. 122.652. (A)(1) An applicant seeking a grant or loan for	206
a brownfield cleanup or remediation project from the clean Ohio	207
revitalization fund created in section 122.658 of the Revised Code	208
shall request an application form from the appropriate integrating	209
committee with geographical jurisdiction over the project for	210
which a grant or loan is sought. The applicant shall complete the	211
application and include all of the information required by	212
sections 122.65 to 122.658 of the Revised Code and policies and	213
requirements established under section 122.657 of the Revised	214
Code.	215

(2) In addition to the information that is required to be	216
included in the application under division (A)(1) of this section,	217
an applicant shall include an affidavit signed by the authorized	218
representative of the applicant certifying that the applicant did	219
not cause or contribute to the release of hazardous substances or	220
petroleum at the brownfield that is the subject of the	221
application.	222

No person shall submit a false affidavit under division	223
(A)(2) of this section.	224

(3) After completion of the application, but prior to the	225
submission of the application to the integrating committee under	226
division (B) of this section, the applicant shall conduct a public	227
meeting concerning the application and the proposed cleanup or	228
remediation. Not later than forty-five days prior to conducting	229
the public meeting, the applicant shall provide notice of the	230
date, time, and location of the public meeting in a newspaper of	231
general circulation in the county in which the property that is	232
the subject of the application is located. In addition, not later	233
than forty-five days prior to the hearing, the applicant shall	234
post notice of the date, time, and location of the public meeting	235
at the property on a sign that measures not less four feet by four	236
feet or, if the political subdivision in which the sign is to be	237
posted prohibits a sign of that size, the maximum size of sign	238
permitted by that political subdivision.	239

In addition, not later than forty-five days prior to the	241
public meeting, the applicant shall provide a copy of the	242
application to a public library in the vicinity of the property	243
for public review. The submission of the application and the	244
location of the public library shall be included in the notice	245
required under this division. The general public may submit	246
comments to the applicant concerning the application prior to and	247
at the public meeting.	248

(B) An applicant shall submit a completed application, all	249
required information, and an application summary to the	250
appropriate integrating committee. Based on a review of the	251
application summaries submitted to it, an integrating committee	252
or, if required under division (C) of this section, the executive	253
committee of the integrating committee shall prioritize all	254
applications in accordance with criteria and procedures	255
established pursuant to section 122.657 of the Revised Code. The	256
integrating committee shall choose not more than six applications	257
annually that it determines merit funding and shall forward those	258
applications and all accompanying information to the clean Ohio	259
council. In prioritizing and choosing applications under this	260
division, an integrating committee or, if required under division	261
(C) of this section, the executive committee of the integrating	262
committee shall consult with local and regional economic	263
development agencies or resources, community development agencies	264
or organizations, local business organizations, and other	265
appropriate entities located or operating in the geographic	266
jurisdiction of the integrating committee.	267

(C) For purposes of division (B) of this section, all	268
decisions of an integrating committee that is required to be	269
organized in accordance with division (A)(5) or (6) of section	270
164.04 of the Revised Code shall be approved by its executive	271
committee that is required to be established under division (A)(7)	272
or (8) of that section. The affirmative vote of at least seven	273
members of an executive committee established under division	274
(A)(7) of section 164.04 of the Revised Code, or of at least nine	275
members of an executive committee established under division	276
(A)(8) of that section, is required for any action taken by an	277
executive committee for purposes of division (B) of this section.	278
A decision of an executive committee may be rejected by a vote of	279
at least two-thirds of the full membership of the applicable	280
integrating committee not later than thirty days after the	281
executive committee action. If an executive committee is required	282
under this division to prioritize applications under division (B)	283
of this section, only applications that are approved by the	284
executive committee may be submitted to the clean Ohio council for	285
purposes of sections 122.65 to 122.659 of the Revised Code.	286

(D) The clean Ohio council shall supply application forms to	287
each integrating committee.	288

Sec. 122.653. (A) Upon receipt of an application from an	289
integrating committee, the clean Ohio council shall examine the	290
application and all accompanying information to determine if the	291
application is complete. If the council determines that the	292
application is not complete, the council immediately shall notify	293
the applicant that the application is not complete, provide a	294
description of the information that is missing from the	295
application, and return the application and all accompanying	296
information to the applicant. The applicant may resubmit the	297
application directly to the council.	298

(B) The council shall approve or disapprove in writing	299
applications submitted to it by integrating committees or	300
executive committees of integrating committees for grants or loans	301
from the clean Ohio revitalization fund. The council shall not	302
approve a project that fails to comply with the requirements	303
established in sections 122.65 to 122.658 of the Revised Code and	304
policies and requirements established under section 122.657 of the	305
Revised Code. The council also shall not approve a project if the	306
applicant caused or contributed to the contamination at the	307
property. In approving or disapproving applications, the council	308
shall use the selection process established in policies and	309
requirements established under section 122.657 of the Revised	310
Code.	311

(C) If the council approves an application under this	312
section, the council shall enter into an agreement with the	313
applicant to award a grant or make a loan for the applicant's	314
brownfield cleanup or remediation project. The agreement shall be	315
executed prior to the payment or disbursement of any funds	316
approved by the council under this section. The agreement shall	317
contain, at a minimum, all of the following:	318

(1) The designation of a single officer or employee of the	319
applicant who will serve as project manager;	320

(2) Procedures for the payment or disbursement of funds from	321
the grant or loan to the applicant;	322

(3) A designation of the percentage of the estimated total	323
cost of the project for which the grant or loan will provide	324
funding, which shall not exceed seventy-five per cent of that cost	325
as provided in section 122.658 of the Revised Code;	326

(4) A description of the manner by which the applicant will	327
provide the remainder of the estimated total cost of the project,	328
which shall equal at least twenty-five per cent of that cost as	329
provided in section 122.658 of the Revised Code;	330

(5) An assurance that the applicant will clean up or	331
remediate the brownfield to the applicable cleanup standards;	332

(6) A provision for the reimbursement of grant moneys or	333
immediate repayment of the loan, as applicable, if the completed	334
project does not comply with the applicable cleanup standards;	335

(7) Any other provisions that the council considers necessary	336
in order to ensure that the project's implementation will comply	337
with the requirements established in sections 122.65 to 122.658 of	338
the Revised Code and policies and requirements established under	339
section 122.657 of the Revised Code.	340

(D) If the council executes an agreement under this section,	341
the council shall forward a copy of the agreement to the	342
department of development for the purposes of section 122.658 of	343
the Revised Code.	344

(E) A grant may be awarded or a loan may be made for a	345
project under this section to an applicant to pay the costs of	346
cleanup or remediation of a brownfield in order to comply with	347
applicable cleanup standards.	348

Sec. 122.654. (A) Except as provided in division (G) of this	349
section, an applicant who has entered into an agreement with the	350
clean Ohio council under section 122.653 of the Revised Code shall	351
employ a certified professional to determine if the brownfield	352
cleanup or remediation project complies with applicable cleanup	353
standards. The certified professional shall make this	354
determination in accordance with Chapter 3746. of the Revised Code	355
and rules adopted under it. If the certified professional	356
determines that the cleanup or remediation complies with the	357
applicable cleanup standards, the certified professional shall	358
prepare a no further action letter.	359

Upon completion of a no further action letter, the certified	360
professional shall send a copy of the letter to the applicant. The	361
letter shall be accompanied by both of the following:	362

(1) A written request that the applicant notify the certified	363
professional as to whether the applicant wishes to submit the no	364
further action letter to the director of environmental protection;	365

(2) A written notice informing the applicant that the	366
original no further action letter may be submitted to the director	367
only by a certified professional and that the person may receive a	368
covenant not to sue under Chapter 3746. of the Revised Code and	369
rules adopted under it in connection with the cleanup or	370
remediation only if the no further action letter is submitted to	371
the director on the applicant's behalf by the certified	372
professional.	373

In addition, the certified professional shall send a copy of	374
the no further action letter to the clean Ohio council and to the	375
director.	376

Promptly after receipt of the letter, request, and notice,	377
the applicant shall send written notice to the certified	378
professional informing the certified professional as to whether	379
the applicant wishes to submit the no further action letter to the	380
director and shall send a copy of the notice to the clean Ohio	381
council. If the applicant's notice indicates that the applicant	382
wishes to have the no further action letter submitted to the	383
director, promptly after receipt of the notice, the certified	384
professional shall submit the original no further action letter to	385
the director by certified mail on behalf of the applicant. In	386
addition, the certified professional shall send written notice to	387
the clean Ohio council informing the council that the original no	388
further action letter has been submitted to the director. If the	389
applicant notifies the certified professional that the applicant	390
does not wish to submit the no further action letter to the	391
director, the certified professional shall send the original no	392
further action letter to the applicant promptly after receiving	393
the notice.	394

(B) If the certified professional determines that the	395
cleanup or remediation does not comply with applicable cleanup	396
standards, the certified professional shall send to the applicant	397
and the clean Ohio council written notice of that fact and of the	398
certified professional's inability to issue a no further action	399
letter for the property.	400

(C) If the director receives a copy of a no further action	401
letter from a certified professional, the director shall review	402
the letter and determine if the cleanup or remediation complies	403
with applicable cleanup standards. The director shall prepare a	404
written report of the director's determination and send a copy of	405
the report to the clean Ohio council.	406

(D) If the director receives an original no further action	407
letter from a certified professional on behalf of an applicant,	408
the director shall issue or deny a covenant not to sue under	409
Chapter 3746. of the Revised Code and rules adopted under it	410
except as otherwise specifically provided in sections 122.65 to	411
122.659 of the Revised Code.	412

(E) A certified professional shall maintain all documents	413
and data prepared or acquired by the certified professional in	414
connection with a cleanup or remediation for not less than ten	415
years after the date of issuance of a no further action letter or	416
after the notice required under division (B) of this section has	417
been sent, whichever is applicable. The clean Ohio council and	418
the director may request a certified professional to provide the	419
council and the director with documents and data for purposes of	420
sections 122.65 to 122.659 of the Revised Code.	421

No certified professional shall fail to comply with this	422
division or a request made under it.	423

(F) The clean Ohio council and the director may request an	424
applicant to provide the council or the director with documents	425
and data for purposes of sections 122.65 to 122.659 of the Revised	426
Code. No applicant shall fail to comply with a request made by	427
the council or the director under this division.	428

(G) For purposes of sections 122.65 to 122.659 of the	429
Revised Code, Chapter 3746. of the Revised Code and rules adopted	430
under it apply except as otherwise specifically provided under	431
those sections.	432

(H) For cleanup or remediation of a brownfield that is	433
subject to closure or corrective action requirements established	434
in rules adopted under section 3734.12 of the Revised Code, an	435
applicant who has entered into an agreement with the clean Ohio	436
council under section 122.653 of the Revised Code shall send to	437
the director documentation that demonstrates that the cleanup or	438
remediation complies with the applicable cleanup standards. The	439
director shall review the documentation and determine if the	440
cleanup or remediation complies with the applicable cleanup	441
standards. For purposes of the cleanup or remediation, the	442
applicant also shall obtain any necessary review or approval from	443
the director. The director shall prepare a written report of the	444
director's determination and send a copy of the report to the	445
clean Ohio council.	446

Sec. 122.655. (A) A no further action letter issued under	447
section 122.654 of the Revised Code, a covenant not to sue issued	448
under Chapter 3746. of the Revised Code and rules adopted under	449
it, if applicable, and any restrictions on the use of the property	450
that are needed in order to comply with the applicable cleanup	451
standards shall be filed by the applicant in the office of the	452
county recorder of the county in which the property is located and	453
shall be recorded in the same manner as a deed to the property.	454

No applicant shall fail to comply with this division.

455

(B) Pursuant to Chapter 5309. of the Revised Code, a no	456
further action letter issued under section 122.654 of the Revised	457
Code, a covenant not to sue issued under Chapter 3746. of the	458
Revised Code and rules adopted under it, if applicable, and any	459
restrictions on the use of the property, as described in division	460
(A) of this section, in connection with registered land, as	461
defined in section 5309.01 of the Revised Code, shall be entered	462
as a memorial on the page of the register where the title of the	463
owner is registered.	464

Sec. 122.656. (A)(1) An applicant may submit an application	465
for property that is located in an eligible area on a form	466
prescribed by the director of development to request a grant from	467
the clean Ohio revitalization fund to pay for the cost of an	468
assessment that is required for purposes of sections 122.65 to	469
122.658 of the Revised Code, the cleanup or remediation of a	470
brownfield, or public health projects. The director shall not make	471
loans from the clean Ohio revitalization fund for purposes of this	472
section.	473

(2) The authorized representative of an applicant shall sign	474
and submit an affidavit with the application certifying that the	475
applicant did not cause or contribute to the release of hazardous	476
substances or petroleum on the property that is the subject of the	477
application.	478

No person shall submit a false affidavit under division	479
(A)(2) of this section.	480

(3) After completion of the application, but prior to the	481
submission of the application to the director, the applicant shall	482
comply with the public notice and public meeting requirements	483
established under division (A)(3) of section 122.652 of the	484
Revised Code.	485

(B) Upon receipt of an application, the director shall	486
examine the application and all accompanying information to	487
determine if the application is complete. If the director	488
determines that the application is not complete, the director	489
immediately shall notify the applicant that the application is not	490
complete, provide a description of the information that is missing	491
from the application, and return the application and all	492
accompanying information to the applicant. The applicant may	493
resubmit the application.	494

(C) The director shall approve or disapprove in writing	495
applications submitted for grants from the clean Ohio	496
revitalization fund under this section. The director shall not	497
approve an application that fails to comply with the policies and	498
requirements established under section 122.657 of the Revised	499
Code and under this section. The director also shall not approve	500
an application if the applicant caused or contributed to the	501
release of hazardous substances or petroleum at the property. In	502
approving or disapproving applications, the director shall use the	503
criteria established pursuant to section 122.657 of the Revised	504
Code. Prior to the approval or disapproval of an application under	505
this section, the director shall notify the clean Ohio council of	506
the pending approval or disapproval.	507

(D) If the director approves an application under this	508
section, the director shall enter into an agreement with the	509
applicant to award a grant to the applicant. The agreement shall	510
be executed prior to the payment or disbursement of any funds	511
approved by the director under this section.	512

(E) If the director executes an agreement under this	513
section, the director shall forward a copy of the agreement to the	514
clean Ohio council for the purposes of sections 122.65 to 122.658	515
of the Revised Code.	516

(F) For purposes of this section, an applicant shall conduct,	517
or cause to be conducted, an assessment, a cleanup or remediation	518
of a brownfield, or a public health project in accordance with all	519
applicable cleanup standards and environmental statutes and rules.	520

Sec. 122.657.  For the purposes of sections 122.65 to 122.658	521
of the Revised Code, the director of development shall establish	522
policies and requirements regarding all of the following:	523

(A) The form and content of applications for grants or loans	524
from the clean Ohio revitalization fund under section 122.652 of	525
the Revised Code. The policies and requirements shall require	526
that each application include, at a minimum, all of the following:	527

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

528

(2) The legal description of the property for which the grant	529
or loan is requested;	530

(3) A summary description of the hazardous substances or	531
petroleum present at the brownfield and a certified copy of the	532
results of an assessment;	533

(4) A detailed explanation of the proposed cleanup or	534
remediation of the brownfield, including an identification of the	535
applicable cleanup standards, and a detailed description of the	536
proposed use of the brownfield after completion of the cleanup or	537
remediation;	538

(5) An estimate of the total cost to clean up or remediate	539
the brownfield in order to comply with the applicable cleanup	540
standards. The total cost shall include the cost of employing a	541
certified professional under section 122.654 of the Revised Code.	542

(6) A detailed explanation of the portion of the estimated	543
total cost of the cleanup or remediation of the brownfield that	544
the applicant proposes to provide as required under sections	545
122.653 and 122.658 of the Revised Code and financial records	546
supporting the proposal;	547

(7) A certified copy of a resolution or ordinance approving	548
the project that the applicant shall obtain from the board of	549
township trustees of the township or the legislative authority of	550
the municipal corporation in which the property is located,	551
whichever is applicable;	552

(8) A description of the estimated economic benefit that will	553
result from a cleanup or remediation of the brownfield;	554

(9) An application summary for purposes of review by an	555
integrating committee or, if applicable, the executive committee	556
of an integrating committee under division (B) of section 122.652	557
of the Revised Code;	558

(10) With respect to applications for loans, information	559
demonstrating that the applicant will implement a financial	560
management plan that includes, without limitation, provisions for	561
the satisfactory repayment of the loan;	562

(11) Any other provisions that the director determines	563
should be included in an application.	564

(B) Procedures for conducting public meetings and providing	565
public notice under division (A) of section 122.652 of the Revised	566
Code;	567

(C) Criteria to be used by integrating committees or, if	568
required under division (C) of section 122.652 of the Revised	569
Code, executive committees of integrating committees when	570
prioritizing projects under division (B) of section 122.652 of the	571
Revised Code. The policies and requirements also shall establish	572
procedures that integrating committees or, if required under	573
division (C) of section 122.652 of the Revised Code, executive	574
committees of integrating committees shall use in applying the	575
criteria.	576

(D) A selection process that provides for the prioritization	577
of brownfield cleanup or remediation projects for which grant or	578
loan applications are submitted under section 122.652 of the	579
Revised Code. The policies and requirements shall require the	580
selection process to give priority to projects in which the	581
post-cleanup or remediation use will be for a combination of	582
residential, commercial, or industrial purposes, which may include	583
the conversion of a portion of a brownfield to a recreation, park,	584
or natural area that is integrated with the residential,	585
commercial, or industrial use of the brownfield after cleanup or	586
remediation, or will incorporate projects that are funded by	587
grants awarded under sections 164.20 to 164.27 of the Revised	588
Code. The policies and requirements shall require the selection	589
process to incorporate and emphasize all of the following factors:	590

(1) The potential economic benefit that will result from the	591
cleanup or remediation of a brownfield;	592

(2) The potential environmental improvement that will result	593
from the cleanup or remediation of a brownfield;	594

(3) The amount and nature of the match provided by an	595
applicant as required under sections 122.653 and 122.658 of the	596
Revised Code;	597

(4) Funding priorities recommended by integrating committees	598
or, if required under division (C) of section 122.652 of the	599
Revised Code, executive committees of integrating committees under	600
division (B) of section 122.652 of the Revised Code;	601

(5) The potential benefit to low-income communities,	602
including minority communities, that will result from the cleanup	603
or remediation of a brownfield;	604

(6) Any other factors that the director considers	605
appropriate.	606

(E) The development of criteria that the director shall use	607
when awarding grants under section 122.656 of the Revised Code.	608
The criteria shall give priority to public health projects. In	609
addition, the director, in consultation with the director of	610
environmental protection, shall establish policies and	611
requirements that require the criteria to include a public health	612
project selection process that incorporates and emphasizes all of	613
the following factors:	614

(1) The potential environmental improvement that will	615
result from the cleanup or remediation;	616

(2) The ability of an applicant to access the property for	617
purposes of the cleanup or remediation;	618

(3) The name and qualifications of the cleanup or	619
remediation contractor;	620

(4) Any other factors that the director of development	621
considers appropriate.	622

The director of development may develop any other policies	623
and requirements that the director determines are necessary for	624
the administration of section 122.656 of the Revised Code.	625

(F) The development of a brownfield cleanup and remediation	626
oversight program to ensure compliance with sections 122.65 to	627
122.658 of the Revised Code and policies and requirements	628
established under this section. The policies and requirements	629
shall require the program to include, at a minimum, both of the	630
following:	631

(1) Procedures for the accounting of invoices and receipts	632
and any other documents that are necessary to demonstrate that a	633
cleanup or remediation was properly performed;	634

(2) Procedures that are necessary to provide a detailed	635
explanation of the status of the property five years after the	636
completed cleanup or remediation.	637

(G) A delineation of what constitutes administrative costs	638
for purposes of divisions (C) and (E) of section 122.658 of the	639
Revised Code;	640

(H) Procedures and requirements for making loans and loan	641
agreements that include at least all of the following:	642

(1) Not more than fifteen per cent of moneys annually	643
allocated to the clean Ohio revitalization fund shall be used for	644
loans.	645

(2) The loans shall be made at or below market rates of	646
interest, including, without limitation, interest-free loans.	647

(3) The recipient of a loan shall identify a source of	648
security and a source of repayment of the loan.	649

(4) All payments of principal and interest on a loan shall	650
be deposited in the state treasury and credited to the clean Ohio	651
revitalization fund.	652

(5) The clean Ohio council may accept notes and other forms	653
of obligation to evidence indebtedness, accept mortgages, liens,	654
pledges, assignments, and other security interests to secure such	655
indebtedness, and take any actions that are considered by the	656
council to be appropriate to protect such security and safeguard	657
against losses, including, without limitation, foreclosure and	658
bidding on the purchase of property upon foreclosure or other	659
sale.	660

(I) Any other policies and requirements that the director	661
determines are necessary for the administration of sections 122.65	662
to 122.658 of the Revised Code.	663

Sec. 122.658. (A) The clean Ohio revitalization fund is	664
hereby created in the state treasury. The fund shall consist of	665
moneys credited to it pursuant to section 151.40 of the Revised	666
Code and of payments of principal and interest on loans that are	667
made from the fund in accordance with policies and requirements	668
established under section 122.657 of the Revised Code. Moneys in	669
the fund shall be used to make grants or loans for projects that	670
have been approved by the clean Ohio council in accordance with	671
section 122.653 of the Revised Code, except that the council	672
annually shall devote twenty per cent of the net proceeds of	673
obligations deposited in the clean Ohio revitalization fund for	674
the purposes of section 122.656 of the Revised Code.	675

Moneys in the clean Ohio revitalization fund may be used to	676
pay reasonable costs incurred by the department of development and	677
the environmental protection agency in administering sections	678
122.65 to 122.658 of the Revised Code. All investment earnings of	679
the fund shall be credited to the fund. For two years after the	680
effective date of this section, investment earnings credited to	681
the clean Ohio revitalization fund may be used to pay costs	682
incurred by the department of development and the environmental	683
protection agency pursuant to sections 122.65 to 122.658 of the	684
Revised Code.	685

The department of development shall administer the clean Ohio	686
revitalization fund in accordance with this section, policies and	687
requirements established under section 122.657 of the Revised	688
Code, and the terms of agreements entered into by the council	689
under section 122.653 of the Revised Code.	690

(B) Grants awarded and loans made under section 122.653 of	691
the Revised Code shall provide not more than seventy-five per cent	692
of the estimated total cost of a project. A grant or loan to any	693
one project shall not exceed three million dollars. An applicant	694
shall provide at least twenty-five per cent of the estimated total	695
cost of a project. The applicant's share may consist of one or a	696
combination of any of the following:	697

(1) Payment of the cost of acquiring the property for the	698
purposes of sections 122.65 to 122.658 of the Revised Code;	699

(2) Payment of the reasonable cost of an assessment at the	700
property;	701

(3) The reasonable value, as determined by the council, of	702
labor and materials that will be contributed by the applicant in	703
performing the cleanup or remediation;	704

(4) Moneys received by the applicant in any form for use in	705
performing the cleanup or remediation;	706

(5) Loans secured by the applicant for the purpose of the	707
cleanup or remediation of the brownfield.	708

Costs that were incurred more than two years prior to the	709
submission of an application to the clean Ohio council for the	710
acquisition of property, assessments, and labor and materials	711
shall not be used as part of the applicant's matching share. In	712
addition, state money shall not be used as part of the applicant's	713
matching share, except that grants awarded by the governor's	714
office of Appalachian Ohio created under section 107.21 of the	715
Revised Code may be used as a matching share.	716

(C) The department of development shall not make any payment	717
to an applicant from the clean Ohio revitalization fund to pay	718
costs of the applicant that were not included in an application	719
for a grant or loan under section 122.653 of the Revised Code or	720
that exceed the amount of the estimated total cost of the project	721
included in the application. If, upon completion of a project,	722
the costs of the project are less than the amounts included in the	723
application, the amounts included in the application less the	724
amounts of the actual costs of the project shall be credited to	725
the clean Ohio revitalization fund. However, the amounts credited	726
shall be equivalent in percentage to the percentage of the costs	727
of the project that were to be funded by the grant or loan from	728
the fund.	729

(D) Grants awarded or loans made under section 122.653 of	730
the Revised Code from the clean Ohio revitalization fund shall be	731
used by an applicant only to pay the costs of the actual cleanup	732
or remediation of a brownfield and shall not be used by an	733
applicant to pay any administrative costs incurred by the	734
applicant. Costs related to the use of a certified professional	735
for purposes of section 122.654 of the Revised Code are not	736
administrative costs and may be paid with moneys from grants	737
awarded or loans made under section 122.653 of the Revised Code.	738

(E) The portion of net proceeds of obligations devoted	739
under division (A) of this section for the purposes of section	740
122.656 of the Revised Code shall be used to make grants for	741
assessments, cleanup or remediation of brownfields, and public	742
health projects that have been approved by the director of	743
development under that section. The department of development	744
shall administer section 122.656 of the Revised Code in accordance	745
with this section, policies and requirements established under	746
section 122.657 of the Revised Code, and the terms of agreements	747
entered into by the director under section 122.656 of the Revised	748
Code. The director shall not grant more than twenty-five million	749
dollars for public health projects under section 122.656 of the	750
Revised Code.	751

(F) Grants awarded under section 122.656 of the Revised Code	752
shall be used by an applicant only to pay the costs of actually	753
conducting an assessment, a cleanup or remediation of a	754
brownfield, or a public health project and shall not be used by an	755
applicant to pay any administrative costs incurred by the	756
applicant. Costs related to the use of a certified professional	757
for purposes of section 122.654 of the Revised Code are not	758
administrative costs and may be paid with moneys from grants	759
awarded under section 122.656 of the Revised Code.	760

Sec. 122.659. (A) Nothing in sections 122.65 to 122.658 of	761
the Revised Code, nor any agreement entered into under those	762
sections, shall be construed to amend, modify, repeal, or	763
otherwise alter any other provision of the Revised Code relating	764
to administrative, civil, or criminal penalties, or enforcement	765
actions and remedies available to the environmental protection	766
agency, or in any way amend, modify, repeal, or alter the	767
authority of that agency to bring administrative, civil, or	768
criminal actions under any provision of the Revised Code.	769

(B) Nothing in sections 122.65 to 122.658 of the Revised Code	770
shall affect the ability or authority of any person that is	771
undertaking or has undertaken investigation or remediation	772
activities at a brownfield under those sections to seek cost	773
recovery or contribution from or any relief available against any	774
person who may have liability with respect to the brownfield.	775

(C)(1) An applicant who has entered into an agreement under	776
section 122.653 or 122.656 of the Revised Code is not liable in a	777
civil action under the Revised Code or the common law of the state	778
for the costs of an assessment or cleanup or remediation of	779
hazardous substances or petroleum that is present at or on the	780
property at the time at which the agreement was entered into, and	781
is not subject to the issuance of an order by the director of	782
environmental protection under Chapter 3714., 3734., 3750., 3751.,	783
3752., 6109., or 6111. of the Revised Code regarding an assessment	784
or cleanup or remediation of hazardous substances or petroleum	785
that is present at or on the property at the time at which the	786
agreement was entered into, when all of the following conditions	787
apply:	788

(a) No action or omission of the applicant caused,	789
contributed to, or exacerbated a release or threatened release of	790
hazardous substances or petroleum at or on the property.	791

(b) The applicant conducts or causes to be conducted all	792
assessments and cleanup or remediation at or on the property in	793
compliance with the agreement and in accordance with all	794
applicable laws.	795

(c) The applicant conducts or causes to be conducted	796
activities occurring at the property, which are not related to	797
assessments or cleanup or remediation at or on the property, in	798
compliance with any applicable requirements established under	799
Chapters 3714., 3734., 3737., 3750., 3751., 3752., 3767., 6109.,	800
and 6111. of the Revised Code and rules adopted under those	801
chapters.	802

(2) Division (C) of this section does not create, and shall	803
not be construed as creating, a new cause of action against or	804
substantive legal right for the applicant.	805

(3) Division (C) of this section does not affect, and shall	806
not be construed as affecting, any immunities from civil liability	807
or defenses established by another section of the Revised Code or	808
available at common law to which an applicant may be entitled.	809

(4) Nothing in division (C) of this section shall be	810
construed as affecting any obligations to comply with any	811
environmental laws established in the Revised Code or the common	812
law of the state with respect to any release of hazardous	813
substances or petroleum after the issuance of a covenant not to	814
sue under Chapter 3746. of the Revised Code or a determination	815
made under division (G) of section 122.654 of the Revised Code.	816

Sec. 122.99. Whoever knowingly violates division (A)(2) of	817
section 122.652 or division (A)(2) of section 122.656 of the	818
Revised Code is guilty of a felony and shall be fined not less	819
than ten thousand dollars or more than twenty-five thousand	820
dollars, or imprisoned not less than two years or more than four	821
years, or both.	822

Sec. 126.11.  (A)(1) The director of budget and management	823
shall, upon consultation with the treasurer of state, coordinate	824
and approve the scheduling of initial sales of publicly offered	825
securities of the state and of publicly offered fractionalized	826
interests in or securitized issues of public obligations of the	827
state. The director shall from time to time develop and	828
distribute to state issuers an approved sale schedule for each of	829
the obligations covered by division (A) or (B) of this section.	830
Division (A) of this section applies only to those obligations on	831
which the state or a state agency is the direct obligor or obligor	832
on any backup security or related credit enhancement facility or	833
source of money subject to state appropriations that is intended	834
for payment of those obligations.	835

(2) The issuers of obligations pursuant to section 151.03,	836
151.04, 151.05, or 151.07, or 151.09 or Chapter 152. of the	837
Revised Code shall submit to the director:	838

(a) For review and approval: the projected sale date,	839
amount, and type of obligations proposed to be sold; their	840
purpose, security, and source of payment; and the proposed	841
structure and maturity schedule;	842

(b) For review and comment: the authorizing order or	843
resolution; preliminary and final offering documents; method of	844
sale; preliminary and final pricing information; and any written	845
reports or recommendations of financial advisors or consultants	846
relating to those obligations;	847

(c) Promptly after each sale of those obligations: final	848
terms, including sale price, maturity schedule and yields, and	849
sources and uses; names of the original purchasers or	850
underwriters; a copy of the final offering document and of the	851
transcript of proceedings; and any other pertinent information	852
requested by the director.	853

(3) The issuer of obligations pursuant to section 151.06 or,	854
151.08, or 151.40 or Chapter 154. of the Revised Code shall	855
submit to the director:	856

(a) For review and mutual agreement: the projected sale	857
date, amount, and type of obligations proposed to be sold; their	858
purpose, security, and source of payment; and the proposed	859
structure and maturity schedule;	860

(b) For review and comment: the authorizing order or	861
resolution; preliminary and final offering documents; method of	862
sale; preliminary and final pricing information; and any written	863
reports or recommendations of financial advisors or consultants	864
relating to those obligations;	865

(c) Promptly after each sale of those obligations: final	866
terms, including sale price, maturity schedule and yields, and	867
sources and uses; names of the original purchasers or	868
underwriters; a copy of the final offering document and of the	869
transcript of proceedings; and any other pertinent information	870
requested by the director.	871

(4) The issuers of obligations pursuant to Chapter 166.,	872
4981., 5540., or 6121., or section 5531.10, of the Revised Code	873
shall submit to the director:	874

(a) For review and comment: the projected sale date, amount,	875
and type of obligations proposed to be sold; the purpose,	876
security, and source of payment; and preliminary and final	877
offering documents;	878

(b) Promptly after each sale of those obligations: final	879
terms, including a maturity schedule; names of the original	880
purchasers or underwriters; a copy of the complete continuing	881
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	882
rule as from time to time in effect; and any other pertinent	883
information requested by the director.	884

(5) Not later than thirty days after the end of a fiscal	885
year, each issuer of obligations subject to divisions (A) and (B)	886
of this section shall submit to the director and to the treasurer	887
of state a sale plan for the then current fiscal year for each	888
type of obligation, projecting the amount and term of each	889
issuance, the method of sale, and the month of sale.	890

(B) Issuers of obligations pursuant to section 3318.085 or	891
Chapter 175., 3366., 3706., 3737., 5537., 6121., or 6123. of	892
the Revised Code shall submit to the director copies of the	893
preliminary and final offering documents upon their availability	894
if not previously submitted pursuant to division (A) of this	895
section.	896

(C) Not later than the first day of January of each year,	897
every state agency obligated to make payments on outstanding	898
public obligations with respect to which fractionalized interests	899
have been publicly issued, such as certificates of participation,	900
shall submit a report to the director of the amounts payable from	901
state appropriations under those public obligations during the	902
then current and next two fiscal years, identifying the	903
appropriation or intended appropriation from which payment is	904
expected to be made.	905

(D)(1) Information relating generally to the historic,	906
current, or future demographics or economy or financial condition	907
or funds or general operations of the state, and descriptions of	908
any state contractual obligations relating to public obligations,	909
to be contained in any offering document, continuing disclosure	910
document, or written presentation prepared, approved, or provided,	911
or committed to be provided, by an issuer in connection with the	912
original issuance and sale of, or rating, remarketing, or credit	913
enhancement facilities relating to, public obligations referred to	914
in division (A) of this section shall be approved as to format and	915
accuracy by the director before being presented, published, or	916
disseminated in preliminary, draft, or final form, or publicly	917
filed in paper, electronic, or other format.	918

(2) Except for information described in division (D)(1) of	919
this section that is to be contained in an offering document,	920
continuing disclosure document, or written presentation, division	921
(D)(1) of this section does not inhibit direct communication	922
between an issuer and a rating agency, remarketing agent, or	923
credit enhancement provider concerning an issuance of public	924
obligations referred to in division (A) of this section or matters	925
associated with that issuance.	926

(3) The materials approved and provided pursuant to division	927
(D) of this section are the information relating to the particular	928
subjects provided by the state or state agencies that are required	929
or contemplated by any applicable state or federal securities laws	930
and any commitments by the state or state agencies made under	931
those laws. Reliance for the purpose should not be placed on any	932
other information publicly provided, in any format including	933
electronic, by any state agency for other purposes, including	934
general information provided to the public or to portions of the	935
public. A statement to that effect shall be included in those	936
materials so approved or provided.	937

(E) Issuers of obligations referred to in division (A) of	938
this section may take steps, by formal agreement, covenants in the	939
proceedings, or otherwise, as may be necessary or appropriate to	940
comply or permit compliance with applicable lawful disclosure	941
requirements relating to those obligations, and may, subject to	942
division (D) of this section, provide, make available, or file	943
copies of any required disclosure materials as necessary or	944
appropriate. Any such formal agreement or covenant relating to	945
subjects referred to in division (D) of this section, and any	946
description of that agreement or covenant to be contained in any	947
offering document, shall be approved by the director before being	948
entered into or published or publicly disseminated in preliminary,	949
draft, or final form or publicly filed in paper, electronic, or	950
other format. The director shall be responsible for making all	951
filings in compliance with those requirements relating to direct	952
obligations of the state, including fractionalized interests in	953
those obligations.	954

(F) No state agency or official shall, without the approval	955
of the director of budget and management, do either of the	956
following:	957

(1) Enter into or commit to enter into a public obligation	958
under which fractionalized interests in the payments are to be	959
publicly offered, which payments are anticipated to be made from	960
money from any source appropriated or to be appropriated by the	961
general assembly or in which the provision stated in section 9.94	962
of the Revised Code is not included;	963

(2) Except as otherwise expressly authorized for the purpose	964
by law, agree or commit to provide, from money from any source to	965
be appropriated in the future by the general assembly, financial	966
assistance to or participation in the costs of capital facilities,	967
or the payment of debt charges, directly or by way of a credit	968
enhancement facility, a reserve, rental payments, or otherwise, on	969
obligations issued to pay costs of capital facilities.	970

(G) As used in this section, "credit enhancement	971
facilities," "debt charges," "fractionalized interests in public	972
obligations," "obligor," "public issuer," and "securities" have	973
the same meanings as in section 133.01 of the Revised Code;	974
"public obligation" has the same meaning as in division (GG)(2) of	975
section 133.01 of the Revised Code; "obligations" means securities	976
or public obligations or fractionalized interests in them;	977
"issuers" means issuers of securities or state obligors on public	978
obligations; "offering document" means an official statement,	979
offering circular, private placement memorandum, or prospectus, or	980
similar document; and "director" means the director of budget and	981
management or the employee of the office of budget and management	982
designated by the director for the purpose.	983

Sec. 151.01.  (A) As used in sections 151.01 to 151.08	984
151.09 and 151.40 of the Revised Code and in the applicable bond	985
proceedings unless otherwise provided:	986

(1) "Bond proceedings" means the resolutions, orders,	987
agreements, and credit enhancement facilities, and amendments and	988
supplements to them, or any one or more or combination of them,	989
authorizing, awarding, or providing for the terms and conditions	990
applicable to or providing for the security or liquidity of, the	991
particular obligations, and the provisions contained in those	992
obligations.	993

(2) "Bond service fund" means the respective bond service	994
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07, or	995
151.08, 151.09, or 151.40 of the Revised Code, and any accounts in	996
that fund, including all moneys and investments, and earnings from	997
investments, credited and to be credited to that fund and accounts	998
as and to the extent provided in the applicable bond proceedings.	999

(3) "Capital facilities" means capital facilities or projects	1000
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	1001
or 151.08, 151.09, or 151.40 of the Revised Code.	1002

(4) "Costs of capital facilities" means the costs of	1003
acquiring, constructing, reconstructing, rehabilitating,	1004
remodeling, renovating, enlarging, improving, equipping, or	1005
furnishing capital facilities, and of the financing of those	1006
costs. "Costs of capital facilities" includes, without limitation,	1007
and in addition to costs referred to in section 151.03, 151.04,	1008
151.05, 151.06, 151.07, or 151.08, 151.09, or 151.40 of the	1009
Revised Code, the cost of clearance and preparation of the site	1010
and of any land to be used in connection with capital facilities,	1011
the cost of any indemnity and surety bonds and premiums on	1012
insurance, all related direct administrative expenses and	1013
allocable portions of direct costs of the issuing authority, costs	1014
of engineering and architectural services, designs, plans,	1015
specifications, surveys, and estimates of cost, financing costs,	1016
interest on obligations from their date to the time when interest	1017
is to be paid from sources other than proceeds of obligations,	1018
amounts necessary to establish any reserves as required by the	1019
bond proceedings, the reimbursement of all moneys advanced or	1020
applied by or borrowed from any person or governmental agency or	1021
entity for the payment of any item of costs of capital facilities,	1022
and all other expenses necessary or incident to planning or	1023
determining feasibility or practicability with respect to capital	1024
facilities, and such other expenses as may be necessary or	1025
incident to the acquisition, construction, reconstruction,	1026
rehabilitation, remodeling, renovation, enlargement, improvement,	1027
equipment, and furnishing of capital facilities, the financing of	1028
those costs, and the placing of the capital facilities in use and	1029
operation, including any one, part of, or combination of those	1030
classes of costs and expenses.	1031

(5) "Credit enhancement facilities," "financing costs," and	1032
"interest" or "interest equivalent" have the same meanings as in	1033
section 133.01 of the Revised Code.	1034

(6) "Debt service" means principal, including any mandatory	1035
sinking fund or redemption requirements for retirement of	1036
obligations, interest and other accreted amounts, interest	1037
equivalent, and any redemption premium, payable on obligations.	1038
If not prohibited by the applicable bond proceedings, debt service	1039
includes costs relating to credit enhancement facilities that are	1040
related to and represent, or are intended to provide a source of	1041
payment of or limitation on, other debt service.	1042

(7) "Issuing authority" means the Ohio public facilities	1043
commission created in section 151.02 of the Revised Code for	1044
obligations issued under section 151.03, 151.04, 151.05, or	1045
151.07, or 151.09 of the Revised Code, or the treasurer of state,	1046
or the officer who by law performs the functions of that office,	1047
for obligations issued under section 151.06 or, 151.08, or 151.40	1048
of the Revised Code.	1049

(8) "Net proceeds" means amounts received from the sale of	1050
obligations, excluding amounts used to refund or retire	1051
outstanding obligations, amounts required to be deposited into	1052
special funds pursuant to the applicable bond proceedings, and	1053
amounts to be used to pay financing costs.	1054

(9) "Obligations" means bonds, notes, or other evidences of	1055
obligation of the state, including any appertaining interest	1056
coupons, issued pursuant to sections 151.01 to 151.08151.09 or	1057
151.40 of the Revised Code.	1058

(10) "Principal amount" means the aggregate of the amount as	1059
stated or provided for in the applicable bond proceedings as the	1060
amount on which interest or interest equivalent on particular	1061
obligations is initially calculated. Principal amount does not	1062
include any premium paid to the state by the initial purchaser of	1063
the obligations. "Principal amount" of a capital appreciation	1064
bond, as defined in division (C) of section 3334.01 of the Revised	1065
Code, means its face amount, and "principal amount" of a zero	1066
coupon bond, as defined in division (J) of section 3334.01 of the	1067
Revised Code, means the discounted offering price at which the	1068
bond is initially sold to the public, disregarding any purchase	1069
price discount to the original purchaser, if provided for pursuant	1070
to the bond proceedings.	1071

(11) "Special funds" or "funds," unless the context indicates	1072
otherwise, means the bond service fund, and any other funds,	1073
including any reserve funds, created under the bond proceedings	1074
and stated to be special funds in those proceedings, including	1075
moneys and investments, and earnings from investments, credited	1076
and to be credited to the particular fund. Special funds do not	1077
include the school building program assistance fund created by	1078
section 3318.25 of the Revised Code, the higher education	1079
improvement fund created by division (F) of section 154.21 of the	1080
Revised Code, the highway capital improvement bond fund created by	1081
section 5528.53 of the Revised Code, the state parks and natural	1082
resources fund created by section 1557.02 of the Revised Code, the	1083
coal research and development fund created by section 1555.15 of	1084
the Revised Code, the clean Ohio conservation fund created by	1085
section 164.27 of the Revised Code, the clean Ohio revitalization	1086
fund created by section 122.658 of the Revised Code, or other	1087
funds created by the bond proceedings that are not stated by those	1088
proceedings to be special funds.	1089

(B) Subject to sectionSection 2l, 2m, 2n, 2o, or 15, and	1090
Section 17, of Article VIII, Ohio Constitution, the state, by the	1091
issuing authority, is authorized to issue and sell, as provided in	1092
sections 151.03 to 151.08151.09 or 151.40 of the Revised Code,	1093
and in respective aggregate principal amounts as from time to time	1094
provided or authorized by the general assembly, general	1095
obligations of this state for the purpose of paying costs of	1096
capital facilities or projects identified by or pursuant to	1097
general assembly action.	1098

(C) Each issue of obligations shall be authorized by	1099
resolution or order of the issuing authority. The bond	1100
proceedings shall provide for or authorize the manner for	1101
determining the principal amount or maximum principal amount of	1102
obligations of an issue, the principal maturity or maturities, the	1103
interest rate or rates, the date of and the dates of payment of	1104
interest on the obligations, their denominations, and the place or	1105
places of payment of debt service which may be within or outside	1106
the state. Unless otherwise provided by law, the latest principal	1107
maturity may not be later than the earlier of the thirty-first day	1108
of December of the twenty-fifth calendar year after the year of	1109
issuance of the particular obligations or of the twenty-fifth	1110
calendar year after the year in which the original obligation to	1111
pay was issued or entered into. Sections 9.96, 9.98, 9.981,	1112
9.982, and 9.983 of the Revised Code apply to obligations. The	1113
purpose of the obligations may be stated in the bond proceedings	1114
in general terms, such as, as applicable, "financing or assisting	1115
in the financing of projects as provided in Section 2l of Article	1116
VIII, Ohio Constitution," "financing or assisting in the financing	1117
of highway capital improvement projects as provided in Section 2m	1118
of Article VIII, Ohio Constitution," "paying costs of capital	1119
facilities for a system of common schools throughout the state as	1120
authorized by Section 2n of Article VIII, Ohio Constitution,"	1121
"paying costs of capital facilities for state-supported and	1122
state-assisted institutions of higher education as authorized by	1123
Section 2n of Article VIII, Ohio Constitution," "paying costs of	1124
coal research and development as authorized by Section 15 of	1125
Article VIII, Ohio Constitution," or "financing or assisting in	1126
the financing of local subdivision capital improvement projects as	1127
authorized by Section 2m of Article VIII, Ohio Constitution.,"	1128
"paying costs of conservation projects as authorized by Section 2o	1129
of Article VIII, Ohio Constitution," or "paying costs of	1130
revitalization projects as authorized by Section 2o of Article	1131
VIII, Ohio Constitution."	1132

(D) The issuing authority may appoint or provide for the	1133
appointment of paying agents, bond registrars, securities	1134
depositories, clearing corporations, and transfer agents, and may	1135
without need for any other approval retain or contract for the	1136
services of underwriters, investment bankers, financial advisers,	1137
accounting experts, marketing, remarketing, indexing, and	1138
administrative agents, other consultants, and independent	1139
contractors, including printing services, as are necessary in the	1140
judgment of the issuing authority to carry out itsthe issuing	1141
authority's functions under Chapter 151. of the Revised Codethis	1142
chapter. When the issuing authority is the Ohio public facilities	1143
commission, the issuing authority also may without need for any	1144
other approval retain or contract for the services of attorneys	1145
and other professionals for that purpose. Financing costs are	1146
payable, as may be provided in the bond proceedings, from the	1147
proceeds of the obligations, from special funds, or from other	1148
moneys available for the purpose.	1149

(E) The bond proceedings may contain additional provisions	1150
customary or appropriate to the financing or to the obligations or	1151
to particular obligations including, but not limited to,	1152
provisions for:	1153

(1) The redemption of obligations prior to maturity at the	1154
option of the state or of the holder or upon the occurrence of	1155
certain conditions, and at particular price or prices and under	1156
particular terms and conditions;	1157

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

1158

(3) The establishment, deposit, investment, and application	1159
of special funds, and the safeguarding of moneys on hand or on	1160
deposit, in lieu of the applicability of provisions of Chapter	1161
131. or 135. of the Revised Code, but subject to any special	1162
provisions of sections 151.01 to 151.08151.09 or 151.40 of the	1163
Revised Code with respect to the application of particular funds	1164
or moneys. Any financial institution that acts as a depository of	1165
any moneys in special funds or other funds under the bond	1166
proceedings may furnish indemnifying bonds or pledge securities as	1167
required by the issuing authority.	1168

(4) Any or every provision of the bond proceedings being	1169
binding upon the issuing authority and upon such governmental	1170
agency or entity, officer, board, commission, authority, agency,	1171
department, institution, district, or other person or body as may	1172
from time to time be authorized to take actions as may be	1173
necessary to perform all or any part of the duty required by the	1174
provision;	1175

(5) The maintenance of each pledge or instrument comprising	1176
part of the bond proceedings until the state has fully paid or	1177
provided for the payment of the debt service on the obligations or	1178
met other stated conditions;	1179

(6) In the event of default in any payments required to be	1180
made by the bond proceedings, or by any other agreement of the	1181
issuing authority made as part of a contract under which the	1182
obligations were issued or secured, including a credit enhancement	1183
facility, the enforcement of those payments by mandamus, a suit in	1184
equity, an action at law, or any combination of those remedial	1185
actions;	1186

(7) The rights and remedies of the holders or owners of	1187
obligations or of book-entry interests in them, and of third	1188
parties under any credit enhancement facility, and provisions for	1189
protecting and enforcing those rights and remedies, including	1190
limitations on rights of individual holders or owners;	1191

(8) The replacement of mutilated, destroyed, lost, or stolen	1192
obligations;	1193

(9) The funding, refunding, or advance refunding, or other	1194
provision for payment, of obligations that will then no longer be	1195
outstanding for purposes of this section or of the applicable bond	1196
proceedings;	1197

(10) Amendment of the bond proceedings;

1198

(11) Any other or additional agreements with the owners of	1199
obligations, and such other provisions as the issuing authority	1200
determines, including limitations, conditions, or qualifications,	1201
relating to any of the foregoing.	1202

(F) The great seal of the state or a facsimile of it may be	1203
affixed to or printed on the obligations. The obligations	1204
requiring execution by or for the issuing authority shall be	1205
signed as provided in the bond proceedings. Any obligations may	1206
be signed by the individual who on the date of execution is the	1207
authorized signer although on the date of these obligations that	1208
individual is not an authorized signer. In case the individual	1209
whose signature or facsimile signature appears on any obligation	1210
ceases to be an authorized signer before delivery of the	1211
obligation, that signature or facsimile is nevertheless valid and	1212
sufficient for all purposes as if that individual had remained the	1213
authorized signer until delivery.	1214

(G) Obligations are investment securities under Chapter	1215
1308. of the Revised Code. Obligations may be issued in bearer or	1216
in registered form, registrable as to principal alone or as to	1217
both principal and interest, or both, or in certificated or	1218
uncertificated form, as the issuing authority determines.	1219
Provision may be made for the exchange, conversion, or transfer of	1220
obligations and for reasonable charges for registration, exchange,	1221
conversion, and transfer. Pending preparation of final	1222
obligations, the issuing authority may provide for the issuance of	1223
interim instruments to be exchanged for the final obligations.	1224

(H) Obligations may be sold at public sale or at private	1225
sale, in such manner, and at such price at, above or below par,	1226
all as determined by and provided by the issuing authority in the	1227
bond proceedings.	1228

(I) Except to the extent that rights are restricted by the	1229
bond proceedings, any owner of obligations or provider of a credit	1230
enhancement facility may by any suitable form of legal proceedings	1231
protect and enforce any rights relating to obligations or that	1232
facility under the laws of this state or granted by the bond	1233
proceedings. Those rights include the right to compel the	1234
performance of all applicable duties of the issuing authority and	1235
the state. Each duty of the issuing authority and that	1236
authority's officers, staff, and employees, and of each state	1237
entity or agency, or using district or using institution, and its	1238
officers, members, staff, or employees, undertaken pursuant to the	1239
bond proceedings, is hereby established as a duty of the entity or	1240
individual having authority to perform that duty, specifically	1241
enjoined by law and resulting from an office, trust, or station	1242
within the meaning of section 2731.01 of the Revised Code. The	1243
individuals who are from time to time the issuing authority,	1244
members or officers of the issuing authority, or those members'	1245
designees acting pursuant to section 154.02 of the Revised Code,	1246
or the issuing authority's officers, staff, or employees, are not	1247
liable in their personal capacities on any obligations or	1248
otherwise under the bond proceedings.	1249

(J)(1) Subject to sectionSection 2l, 2m, 2n, 2o, or 15, and	1250
Section 17, of Article VIII, Ohio Constitution and sections 151.01	1251
to 151.08151.09 or 151.40 of the Revised Code, the issuing	1252
authority may, in addition to the authority referred to in	1253
division (B) of this section, authorize and provide for the	1254
issuance of:	1255

(a) Obligations in the form of bond anticipation notes, and	1256
may provide for the renewal of those notes from time to time by	1257
the issuance of new notes. The holders of notes or appertaining	1258
interest coupons have the right to have debt service on those	1259
notes paid solely from the moneys and special funds that are or	1260
may be pledged to that payment, including the proceeds of bonds or	1261
renewal notes or both, as the issuing authority provides in the	1262
bond proceedings authorizing the notes. Notes may be additionally	1263
secured by covenants of the issuing authority to the effect that	1264
the issuing authority and the state will do all things necessary	1265
for the issuance of bonds or renewal notes in such principal	1266
amount and upon such terms as may be necessary to provide moneys	1267
to pay when due the debt service on the notes, and apply their	1268
proceeds to the extent necessary, to make full and timely payment	1269
of debt service on the notes as provided in the applicable bond	1270
proceedings. In the bond proceedings authorizing the issuance of	1271
bond anticipation notes the issuing authority shall set forth for	1272
the bonds anticipated an estimated schedule of annual principal	1273
payments the latest of which shall be no later than provided in	1274
division (C) of this section. While the notes are outstanding	1275
there shall be deposited, as shall be provided in the bond	1276
proceedings for those notes, from the sources authorized for	1277
payment of debt service on the bonds, amounts sufficient to pay	1278
the principal of the bonds anticipated as set forth in that	1279
estimated schedule during the time the notes are outstanding,	1280
which amounts shall be used solely to pay the principal of those	1281
notes or of the bonds anticipated.	1282

(b) Obligations for the refunding, including funding and	1283
retirement, and advance refunding with or without payment or	1284
redemption prior to maturity, of any obligations previously	1285
issued. Refunding obligations may be issued in amounts sufficient	1286
to pay or to provide for repayment of the principal amount,	1287
including principal amounts maturing prior to the redemption of	1288
the remaining prior obligations, any redemption premium, and	1289
interest accrued or to accrue to the maturity or redemption date	1290
or dates, payable on the prior obligations, and related financing	1291
costs and any expenses incurred or to be incurred in connection	1292
with that issuance and refunding. Subject to the applicable bond	1293
proceedings, the portion of the proceeds of the sale of refunding	1294
obligations issued under division (J)(1)(b) of this section to be	1295
applied to debt service on the prior obligations shall be credited	1296
to an appropriate separate account in the bond service fund and	1297
held in trust for the purpose by the issuing authority or by a	1298
corporate trustee. Obligations authorized under this division	1299
shall be considered to be issued for those purposes for which the	1300
prior obligations were issued.	1301

(2) Except as otherwise provided in sections 151.01 to	1302
151.08151.09 or 151.40 of the Revised Code, bonds or notes	1303
authorized pursuant to division (J) of this section are subject to	1304
the provisions of those sections pertaining to obligations	1305
generally.	1306

(3) The principal amount of refunding or renewal obligations	1307
issued pursuant to division (J) of this section shall be in	1308
addition to the amount authorized by the general assembly as	1309
referred to in division (B) of the following sections: section	1310
151.03, 151.04, 151.05, 151.06, 151.07, or 151.08, 151.09, or	1311
151.40 of the Revised Code.	1312

(K) Obligations are lawful investments for banks, savings	1313
and loan associations, credit union share guaranty corporations,	1314
trust companies, trustees, fiduciaries, insurance companies,	1315
including domestic for life and domestic not for life, trustees or	1316
other officers having charge of sinking and bond retirement or	1317
other special funds of the state and political subdivisions and	1318
taxing districts of this state, the sinking fund, the	1319
administrator of workers' compensation subject to the approval of	1320
the workers' compensation board, the state teachers retirement	1321
system, the public employees retirement system, the school	1322
employees retirement system, and the Ohio police and fire pension	1323
fund, notwithstanding any other provisions of the Revised Code or	1324
rules adopted pursuant to those provisions by any state agency	1325
with respect to investments by them, and are also acceptable as	1326
security for the repayment of the deposit of public moneys. The	1327
exemptions from taxation in Ohio as provided for in particular	1328
sections of the Ohio Constitution and section 5709.76 of the	1329
Revised Code apply to the obligations.	1330

(L)(1) Unless otherwise provided or provided for in any	1331
applicable bond proceedings, moneys to the credit of or in a	1332
special fund shall be disbursed on the order of the issuing	1333
authority. No such order is required for the payment, from the	1334
bond service fund or other special fund, when due of debt service	1335
or required payments under credit enhancement facilities.	1336

(2) Payments received by the state under interest rate	1337
hedges entered into as credit enhancement facilities under this	1338
chapter shall be deposited to the credit of the bond service fund	1339
for the obligations to which those credit enhancement facilities	1340
relate.	1341

(M) The full faith and credit, revenue, and taxing power of	1342
the state are and shall be pledged to the timely payment of debt	1343
service on outstanding obligations as it comes due, all in	1344
accordance with Section 2l, 2m, 2n, 2o, or 15 of Article VIII,	1345
Ohio Constitution, and section 151.03, 151.04, 151.05, 151.06,	1346
151.07, or 151.08, or 151.09 of the Revised Code. Moneys referred	1347
to in Section 5a of Article XII, Ohio Constitution, may not be	1348
pledged or used for the payment of debt service except on	1349
obligations referred to in section 151.06 of the Revised Code. The	1350
state covenants, and that covenant shall be controlling	1351
notwithstanding any other provision of law, that the state and the	1352
applicable officers and agencies of the state, including the	1353
general assembly, shall, so long as any obligations are	1354
outstanding in accordance with their terms, maintain statutory	1355
authority for and cause to be levied, collected and applied	1356
sufficient pledged excises, taxes, and revenues of the state so	1357
that the revenues shall be sufficient in amounts to pay debt	1358
service when due, to establish and maintain any reserves and other	1359
requirements, and to pay financing costs, including costs of or	1360
relating to credit enhancement facilities, all as provided for in	1361
the bond proceedings. Those excises, taxes, and revenues are and	1362
shall be deemed to be levied and collected, in addition to the	1363
purposes otherwise provided for by law, to provide for the payment	1364
of debt service and financing costs in accordance with sections	1365
151.01 to 151.08 of the Revised Code and the bond proceedings.	1366

(N) The general assembly may from time to time repeal or	1367
reduce any excise, tax, or other source of revenue pledged to the	1368
payment of the debt service pursuant to Section 2l, 2m, 2n, 2o, or	1369
15 of Article VIII, Ohio Constitution, and sections 151.01 to	1370
151.08151.09 or 151.40 of the Revised Code, and may levy, collect	1371
and apply any new or increased excise, tax, or revenue to meet the	1372
pledge, to the payment of debt service on outstanding obligations,	1373
of the state's full faith and credit, revenue and taxing power, or	1374
of designated revenues and receipts, except fees, excises or taxes	1375
referred to in Section 5a of Article XII, Ohio Constitution, for	1376
other than obligations referred to in section 151.06 of the	1377
Revised Code and except net state lottery proceeds for other than	1378
obligations referred to in section 151.03 of the Revised Code.	1379
Nothing in division (N) of this section authorizes any impairment	1380
of the obligation of this state to levy and collect sufficient	1381
excises, taxes, and revenues to pay debt service on obligations	1382
outstanding in accordance with their terms.	1383

(O) Each bond service fund is a trust fund and is hereby	1384
pledged to the payment of debt service on the applicable	1385
obligations. Payment of that debt service shall be made or	1386
provided for by the issuing authority in accordance with the bond	1387
proceedings without necessity for any act of appropriation. The	1388
bond proceedings may provide for the establishment of separate	1389
accounts in the bond service fund and for the application of those	1390
accounts only to debt service on specific obligations, and for	1391
other accounts in the bond service fund within the general	1392
purposes of that fund.	1393

(P) Subject to the bond proceedings pertaining to any	1394
obligations then outstanding in accordance with their terms, the	1395
issuing authority may in the bond proceedings pledge all, or such	1396
portion as the issuing authority determines, of the moneys in the	1397
bond service fund to the payment of debt service on particular	1398
obligations, and for the establishment and maintenance of any	1399
reserves for payment of particular debt service.	1400

(Q) TheFor obligations issued pursuant to sections 151.01 to	1401
151.09 of the Revised Code, the issuing authority shall by the	1402
fifteenth day of the July of each fiscal year, certify or cause to	1403
be certified to the office of budget and management the total	1404
amount of moneys required during the current fiscal year to meet	1405
in full all debt service on the respective obligations and any	1406
related financing costs payable from the applicable bond service	1407
fund and not from the proceeds of refunding or renewal	1408
obligations. The issuing authority shall make or cause to be made	1409
supplemental certifications to the office of budget and management	1410
for each debt service payment date and at such other times during	1411
each fiscal year as may be provided in the bond proceedings or	1412
requested by that office. Debt service, costs of credit	1413
enhancement facilities, and other financing costs shall be set	1414
forth separately in each certification. If and so long as the	1415
moneys to the credit of the bond service fund, together with any	1416
other moneys available for the purpose, are insufficient to meet	1417
in full all payments when due of the amount required as stated in	1418
the certificate or otherwise, the office of budget and management	1419
shall at the times as provided in the bond proceedings, and	1420
consistent with any particular provisions in sections 151.03 to	1421
151.08151.09 of the Revised Code, transfer a sufficient amount to	1422
the bond service fund from the revenues derived from excises,	1423
taxes, and other revenues, including net state lottery proceeds in	1424
the case of obligations referred to in section 151.03 of the	1425
Revised Code.	1426

(R) Unless otherwise provided in any applicable bond	1427
proceedings, moneys to the credit of special funds may be invested	1428
by or on behalf of the state only in one or more of the following:	1429

(1) Notes, bond, or other direct obligations of the United	1430
States or of any agency or instrumentality of the United States,	1431
or in no-front-end-load money market mutual funds consisting	1432
exclusively of those obligations, or in repurchase agreements,	1433
including those issued by any fiduciary, secured by those	1434
obligations, or in collective investment funds consisting	1435
exclusively of those obligations;	1436

(2) Obligations of this state or any political subdivision	1437
of this state;	1438

(3) Certificates of deposit of any national bank located in	1439
this state and any bank, as defined in section 1101.01 of the	1440
Revised Code, subject to inspection by the superintendent of	1441
financial institutions;	1442

(4) The treasurer of state's pooled investment program under	1443
section 135.45 of the Revised Code.	1444

The income from investments referred to in division (R) of	1445
this section shall, unless otherwise provided in sections 151.01	1446
to 151.08151.09 or 151.40 of the Revised Code, be credited to	1447
special funds or otherwise as the issuing authority determines in	1448
the bond proceedings. Those investments may be sold or exchanged	1449
at times as the issuing authority determines, provides for, or	1450
authorizes.	1451

(S) The treasurer of state shall have responsibility for	1452
keeping records, making reports, and making payments, relating to	1453
any arbitrage rebate requirements under the applicable bond	1454
proceedings.	1455

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

1456

(1) "Costs of conservation projects" includes related direct	1457
administrative expenses and allocable portions of the direct costs	1458
of those projects of the department of agriculture, the department	1459
of natural resources, or the Ohio public works commission.	1460

(2) "Obligations" means obligations issued to pay costs of	1461
projects for conservation purposes as referred to in division	1462
(A)(1) of Section 2o of Article VIII, Ohio Constitution.	1463

(B)(1) The issuing authority shall issue general	1464
obligations of the state to pay costs of conservation projects	1465
pursuant to division (B)(1) of Section 2o of Article VIII, Ohio	1466
Constitution, section 151.01 of the Revised Code, and this	1467
section. The issuing authority, upon the certification to it by	1468
the Ohio public works commission of amounts needed in and for the	1469
purposes of the clean Ohio conservation fund created by section	1470
164.27 of the Revised Code, the clean Ohio agricultural easement	1471
fund created by section 901.21 of the Revised Code, and the clean	1472
Ohio trail fund created by section 1519.05 of the Revised Code,	1473
shall issue obligations in the amount determined by the issuing	1474
authority to be required for those purposes. The total principal	1475
amount of obligations issued under this section shall not exceed	1476
two hundred million dollars.	1477

(2) In making the certification required under division	1478
(B)(1) of this section, the Ohio public works commission shall	1479
consult with the department of agriculture and the department of	1480
natural resources. The commission shall certify amounts that	1481
correspond to the distribution of the net proceeds of obligations	1482
provided in division (C) of this section.	1483

(C) Net proceeds of obligations shall be deposited as	1484
follows:	1485

(1) Seventy-five per cent into the clean Ohio conservation	1486
fund created by section 164.27 of the Revised Code;	1487

(2) Twelve and one-half per cent into the clean Ohio	1488
agricultural easement fund created by section 901.21 of the	1489
Revised Code;	1490

(3) Twelve and one-half per cent into the clean Ohio trail	1491
fund created by section 1519.05 of the Revised Code.	1492

(D) There is hereby created in the state treasury the	1493
conservation projects bond service fund. All moneys received by	1494
the state and required by the bond proceedings, consistent with	1495
section 151.01 of the Revised Code and this section, to be	1496
deposited, transferred, or credited to the bond service fund, and	1497
all other moneys transferred or allocated to or received for the	1498
purposes of that fund, shall be deposited and credited to the bond	1499
service fund, subject to any applicable provisions of the bond	1500
proceedings, but without necessity for any act of appropriation.	1501
During the period beginning with the date of the first issuance of	1502
obligations and continuing during the time that any obligations	1503
are outstanding in accordance with their terms, so long as moneys	1504
in the bond service fund are insufficient to pay debt service when	1505
due on those obligations payable from that fund, except the	1506
principal amounts of bond anticipation notes payable from the	1507
proceeds of renewal notes or bonds anticipated, and due in the	1508
particular fiscal year, a sufficient amount of revenues of the	1509
state is committed and, without necessity for further act of	1510
appropriation, shall be paid to the bond service fund for the	1511
purpose of paying that debt service when due.	1512

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

1513

(1) "Bond proceedings" includes any trust agreements, and	1514
any amendments or supplements to them, as authorized by this	1515
section.	1516

(2) "Costs of revitalization projects" includes related	1517
direct administrative expenses and allocable portions of the	1518
direct costs of those projects of the department of development or	1519
the environmental protection agency.	1520

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

1521

(4) "Obligations" means obligations issued to pay the costs	1522
of projects for revitalization purposes as referred to in division	1523
(A)(2) of Section 2o of Article VIII, Ohio Constitution.	1524

(5) "Pledged liquor profits" means all receipts of the	1525
state representing the gross profit on the sale of spirituous	1526
liquor, as referred to in division (B)(4) of section 4301.10 of	1527
the Revised Code, after paying all costs and expenses of the	1528
division of liquor control and providing an adequate working	1529
capital reserve for the division of liquor control as provided in	1530
that division, but excluding the sum required by the second	1531
paragraph of section 4301.12 of the Revised Code, as it was in	1532
effect on May 2, 1980, to be paid into the state treasury.	1533

(6) "Pledged receipts" means, as and to the extent provided	1534
in bond proceedings:	1535

(a) Pledged liquor profits. The pledge of pledged liquor	1536
profits to obligations is subject to the priority of the pledge of	1537
those profits to obligations issued and to be issued, and	1538
guarantees made and to be made, pursuant to Chapter 166. of the	1539
Revised Code.	1540

(b) Moneys accruing to the state from the lease, sale, or	1541
other disposition or use of revitalization projects or from the	1542
repayment, including any interest, of loans or advances made from	1543
net proceeds;	1544

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

1545

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

1546

(e) Any gifts, grants, donations, or pledges, and receipts	1547
therefrom, available for the payment of debt service;	1548

(f) Additional or any other specific revenues or receipts	1549
lawfully available to be pledged, and pledged, pursuant to further	1550
authorization by the general assembly, to the payment of debt	1551
service.	1552

(B) The issuing authority shall issue obligations of the	1553
state to pay costs of revitalization projects pursuant to division	1554
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	1555
151.01 of the Revised Code as applicable to this section, and this	1556
section. The issuing authority, upon the certification to it by	1557
the clean Ohio council of the amount of moneys needed in and for	1558
the purposes of the clean Ohio revitalization fund created by	1559
section 122.658 of the Revised Code, shall issue obligations in	1560
the amount determined by the issuing authority to be required for	1561
those purposes. The total principal amount of obligations issued	1562
under this section shall not exceed two hundred million dollars.	1563
The provisions and authorizations in section 151.01 of the Revised	1564
Code apply to the obligations and the bond proceedings except as	1565
otherwise provided or provided for in those obligations and bond	1566
proceedings.	1567

(C) Net proceeds of obligations shall be deposited in the	1568
clean Ohio revitalization fund created in section 122.658 of the	1569
Revised Code.	1570

(D) There is hereby created the revitalization projects	1571
bond service fund, which shall be in the custody of the treasurer	1572
of state, but shall be separate and apart from and not a part of	1573
the state treasury. All money received by the state and required	1574
by the bond proceedings, consistent with section 151.01 of the	1575
Revised Code and this section, to be deposited, transferred, or	1576
credited to the bond service fund, and all other money transferred	1577
or allocated to or received for the purposes of that fund, shall	1578
be deposited and credited to the bond service fund, subject to any	1579
applicable provisions of the bond proceedings, but without	1580
necessity for any act of appropriation. During the period	1581
beginning with the date of the first issuance of obligations and	1582
continuing during the time that any obligations are outstanding in	1583
accordance with their terms, so long as moneys in the bond service	1584
fund are insufficient to pay debt service when due on those	1585
obligations payable from that fund, except the principal amounts	1586
of bond anticipation notes payable from the proceeds of renewal	1587
notes or bonds anticipated, and due in the particular fiscal year,	1588
a sufficient amount of pledged receipts is committed and, without	1589
necessity for further act of appropriation, shall be paid to the	1590
bond service fund for the purpose of paying that debt service when	1591
due.	1592

(E) The issuing authority may pledge all, or such portion	1593
as the issuing authority determines, of the pledged receipts to	1594
the payment of the debt service charges on obligations issued	1595
under this section, and for the establishment and maintenance of	1596
any reserves, as provided in the bond proceedings, and make other	1597
provisions in the bond proceedings with respect to pledged	1598
receipts as authorized by this section, which provisions are	1599
controlling notwithstanding any other provisions of law pertaining	1600
to them.	1601

(F) The issuing authority may covenant in the bond	1602
proceedings, and such covenants shall be controlling	1603
notwithstanding any other provision of law, that the state and	1604
applicable officers and state agencies, including the general	1605
assembly, so long as any obligations issued under this section are	1606
outstanding, shall maintain statutory authority for and cause to	1607
be charged and collected wholesale or retail prices for spirituous	1608
liquor sold by the state or its agents so that the available	1609
pledged receipts are sufficient in time and amount to meet debt	1610
service payable from pledged liquor profits and for the	1611
establishment and maintenance of any reserves and other	1612
requirements provided for in the bond proceedings.	1613

(G) Obligations may be further secured, as determined by	1614
the issuing authority, by a trust agreement between the state and	1615
a corporate trustee, which may be any trust company or bank having	1616
its principal place of business within the state. Any trust	1617
agreement may contain the resolution or order authorizing the	1618
issuance of the obligations, any provisions that may be contained	1619
in any bond proceedings, and other provisions that are customary	1620
or appropriate in an agreement of that type, including, but not	1621
limited to:	1622

(1) Maintenance of each pledge, trust agreement, or other	1623
instrument comprising part of the bond proceedings until the state	1624
has fully paid or provided for the payment of debt service on the	1625
obligations secured by it;	1626

(2) In the event of default in any payments required to be	1627
made by the bond proceedings, enforcement of those payments or	1628
agreements by mandamus, the appointment of a receiver, suit in	1629
equity, action at law, or any combination of them;	1630

(3) The rights and remedies of the holders or owners of	1631
obligations and of the trustee and provisions for protecting and	1632
enforcing them, including limitations on rights of individual	1633
holders and owners.	1634

(H) The obligations shall not be general obligations of the	1635
state and the full faith and credit, revenue, and taxing power of	1636
the state shall not be pledged to the payment of debt service on	1637
them. The holders or owners of the obligations shall have no right	1638
to have any moneys obligated or pledged for the payment of debt	1639
service except as provided in this section and in the applicable	1640
bond proceedings. The rights of the holders and owners to payment	1641
of debt service are limited to all or that portion of the pledged	1642
receipts, and those special funds, pledged to the payment of debt	1643
service pursuant to the bond proceedings in accordance with this	1644
section, and each obligation shall bear on its face a statement to	1645
that effect.	1646

Sec. 164.02.  (A) The general assembly finds that public	1647
infrastructure capital improvements are necessary to preserve the	1648
public capital infrastructure of local subdivisions, ensure the	1649
public health, safety, and welfare, create and preserve jobs,	1650
enhance employment opportunities, and improve the economic welfare	1651
of the people of this state. Accordingly, it is declared to be	1652
the public policy of this state, through the operation of this	1653
chapter and pursuant to Sections 2k and 2m of Article VIII, Ohio	1654
Constitution, to assist local subdivisions to finance public	1655
infrastructure capital improvements. In furtherance of such	1656
public policy and to implement such purpose, thereThere is hereby	1657
created the Ohio public works commission consisting of seven	1658
members who shall be appointed as follows: two persons shall be	1659
appointed by the speaker of the house of representatives; one	1660
person shall be appointed by the minority leader of the house of	1661
representatives; two persons shall be appointed by the president	1662
of the senate; one person shall be appointed by the minority	1663
leader of the senate; and one person from the private sector, who	1664
shall have at least eight years experience in matters of public	1665
finance, shall be appointed alternately by the speaker of the	1666
house of representatives and the president of the senate, with the	1667
speaker of the house making the first appointment. The director	1668
of transportation, the director of environmental protection, the	1669
director of development, the director of natural resources, and	1670
the chairperson of the Ohio water development authority shall be	1671
nonvoting, ex officio members of the commission. The initial	1672
appointments made to the commission by the minority leaders of the	1673
senate and house of representatives and one of the initial	1674
appointments made by the speaker of the house of representatives	1675
and the president of the senate shall be for terms ending December	1676
31, 1989; one of the initial appointments made by the speaker of	1677
the house of representatives and the president of the senate shall	1678
be for terms ending December 31, 1990; and the initial term of the	1679
appointment to the commission whichthat is alternately made by	1680
the speaker of the house of representatives and the president of	1681
the senate shall be for a term ending December 31, 1989.	1682
Thereafter, terms of office shall be for three years, each term	1683
ending on the same day of the same month of the year as did the	1684
term which it succeeds. Each member shall hold office from the	1685
date of appointment until the end of the term for which the member	1686
is appointed. Members may be reappointed one time. Vacancies	1687
shall be filled in the same manner provided for original	1688
appointments. Any member appointed to fill a vacancy occurring	1689
prior to the expiration date of the term for which the member's	1690
predecessor was appointed shall hold office for the remainder of	1691
that term. A member shall continue in office subsequent to the	1692
expiration date of the member's term until the member's successor	1693
takes office or until a period of sixty days has elapsed,	1694
whichever occurs first.	1695

The commission shall elect a chairperson, vice-chairperson,	1696
and other officers as it considers advisable. Four members	1697
constitute a quorum. Members of the commission shall serve	1698
without compensation but shall be reimbursed for their actual and	1699
necessary expenses incurred in the performaceperformance of their	1700
duties.	1701

(B) The Ohio public works commission shall:

1702

(1) Review and evaluate persons who will be recommended to	1703
the governor for appointment to the position of director of the	1704
Ohio public works commission, and, when the commission considers	1705
it appropriate, recommend the removal of a director;	1706

(2) Provide the governor with a list of names of three	1707
persons who are, in the judgment of the commission, qualified to	1708
be appointed to the position of director. The commission shall	1709
provide the list, which may include the name of the incumbent	1710
director to the governor, not later than sixty days prior to the	1711
expiration of the term of such incumbent director. A director	1712
shall serve a two-year term upon initial appointment, and	1713
four-year terms if subsequently reappointed by the governor;	1714
however, the governor may remove a director at any time following	1715
the commission's recommendation of such action. Upon the	1716
expiration of a director's term, or in the case of the	1717
resignation, death, or removal of a director, the commission shall	1718
provide such list of the names of three persons to the governor	1719
within thirty days of such expiration, resignation, death, or	1720
removal. Nothing in this section shall prevent the governor, in	1721
the governor's discretion, from rejecting all of the nominees of	1722
the commission and requiring the commission to select three	1723
additional nominees. However, when the governor has requested and	1724
received a second list of three additional names, the governor	1725
shall make the appointment from one of the names on the first list	1726
or the second list. Appointment by the governor is subject to the	1727
advice and consent of the senate.	1728

In the case of the resignation, removal, or death of the	1729
director during the director's term of office, a successor shall	1730
be chosen for the remainder of the term in the same manner as is	1731
provided for an original appointment.	1732

(3) Provide oversight to the director and advise in the	1733
development of policy guidelines for the implementation of this	1734
chapter, and report and make recommendations to the general	1735
assembly with respect to such implementation;	1736

(4) Adopt bylaws to govern the conduct of the commission's	1737
business;	1738

(5) Appoint the members of the Ohio small government capital	1739
improvements commission in accordance with division (C) of this	1740
section.	1741

(C)(1) There is hereby created the Ohio small government	1742
capital improvements commission. The commission shall consist of	1743
ten members, including the director of transportation, the	1744
director of environmental protection, and the chairperson of the	1745
Ohio water development authority as nonvoting, ex officio members	1746
and seven voting members appointed by the Ohio public works	1747
commission. Each such appointee shall be a member of a district	1748
public works integrating committee who was appointed to the	1749
integrating committee pursuant to the majority vote of the chief	1750
executive officers of the villages of the appointee's district or	1751
by a majority of the boards of township trustees of the	1752
appointee's district.	1753

(2) Two of the initial appointments shall be for terms	1754
ending two years after March 29, 1988. The remaining initial	1755
appointments shall be for terms ending three years after March 29,	1756
1988. Thereafter, terms of office shall be for two years, with	1757
each term ending on the same date of the same month as did the	1758
term that it succeeds. Each member shall hold office from the	1759
date of appointment until the end of the term for which the member	1760
is appointed. Vacancies shall be filled in the same manner as	1761
original appointments. Any member appointed to fill a vacancy	1762
occurring prior to the expiration date of the term for which the	1763
member's predecessor was appointed shall hold office as a member	1764
for the remainder of that term. A member shall continue in office	1765
subsequent to the expiration of the member's term until the	1766
member's successor takes office or until a period of sixty days	1767
has elapsed, whichever occurs first. Members of the commission	1768
may be reappointed to serve two additional terms, except that no	1769
member appointed to an initial term of three years may be	1770
reappointed to more than one additional term. No more than two	1771
members of the commission may be members of the same district	1772
public works integrating committee.	1773

(3) The Ohio small government capital improvements	1774
commission shall elect one of its appointed members as chairperson	1775
and another as vice-chairperson. Four voting members of the	1776
commission constitute a quorum, and the affirmative vote of four	1777
appointed members is required for any action taken by vote of the	1778
commission. No vacancy in the membership of the commission shall	1779
impair the right of a quorum by an affirmative vote of four	1780
appointed members to exercise all rights and perform all duties of	1781
the commission. Members of the commission shall serve without	1782
compensation, but shall be reimbursed for their actual and	1783
necessary expenses incurred in the performance of their duties.	1784

(D) The Ohio small government capital improvements	1785
commission shall:	1786

(1) Advise the general assembly on the development of policy	1787
guidelines for the implementation of this chapter, especially as	1788
it relates to the interests of small governments and the use of	1789
the portion of bond proceeds set aside for the exclusive use of	1790
townships and villages;	1791

(2) Advise the township and village subcommittees of the	1792
various district public works integrating committees concerning	1793
the selection of projects for which the use of such proceeds will	1794
be authorized;	1795

(3) Affirm or overrule the recommendations of its	1796
administrator made in accordance with section 164.051 of the	1797
Revised Code concerning requests from townships and villages for	1798
financial assistance for capital improvement projects.	1799

(E) Membership on the Ohio public works commission or the	1800
Ohio small government capital improvements commission does not	1801
constitute the holding of a public office. No appointed member	1802
shall be required, by reason of section 101.26 of the Revised	1803
Code, to resign from or forfeit membership in the general	1804
assembly.	1805

Notwithstanding any provision of law to the contrary, a	1806
county, municipal, or township public official may serve as a	1807
member of the Ohio public works commission or the Ohio small	1808
government capital improvements commission.	1809

Members of the commissions established by this section do not	1810
have an unlawful interest in a public contract under section	1811
2921.42 of the Revised Code solely by virtue of the receipt of	1812
financial assistance under this chapter by the local subdivision	1813
of which they are also a public official or appointee.	1814

(F) The director of the Ohio public works commission shall	1815
administer the small counties capital improvement program, which	1816
is hereby created. The program shall provide financial assistance	1817
to county governments of counties that have a population of less	1818
than eighty-five thousand according to the most recent decennial	1819
census. Under the program, the director shall review and may	1820
approve projects submitted by subcommittees of district public	1821
works integrating committees under division (E) of section 164.06	1822
of the Revised Code. In approving projects, the director shall be	1823
guided by the provisions of division (B) of that section, while	1824
taking into consideration the special capital improvement needs of	1825
small counties.	1826

Sec. 164.20. (A) Notwithstanding section 164.01 of the	1827
Revised Code, as used in sections 164.20 to 164.27 of the Revised	1828
Code, "local political subdivision" means a county, municipal	1829
corporation, township, conservancy district, soil and water	1830
conservation district, joint recreation district, park district,	1831
or other similar park authority.	1832

(B) As used in sections 164.20 to 164.27 of the Revised	1833
Code, "nonprofit organization" means an organization that is	1834
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	1835
and described in 26 U.S.C. 501(c) and that has as one of its	1836
designated activities, as indicated on United States internal	1837
revenue service form 1023 "recognition of exemption," an activity	1838
that is directly related to the purposes for which grants may be	1839
issued under sections 164.20 to 164.27 of the Revised Code as	1840
described in divisions (A) and (B) of section 164.22 of the	1841
Revised Code.	1842

(C) For the purposes of sections 164.20 to 164.27 of the	1843
Revised Code, the definition of "project" in section 164.01 of the	1844
Revised Code does not apply.	1845

Sec. 164.21.  (A) Each district public works integrating	1846
committee or, if applicable, the executive committee of the	1847
integrating committee shall appoint a natural resources assistance	1848
council consisting of eleven members. Of the eleven members, one	1849
shall be a member of the appointing integrating committee and one	1850
shall represent a soil and water conservation district that is	1851
located within the geographical jurisdiction of the appointing	1852
integrating committee. The nine other members of the council	1853
shall be appointed from the following categories of organizations,	1854
units of government, or agencies and shall include at least one	1855
member from each of those categories:	1856

(1) A county, municipal corporation, township, conservancy	1857
district, regional or joint district or unit of local government,	1858
or regional or joint political subdivision that is located within	1859
the geographical jurisdiction of the appointing integrating	1860
committee;	1861

(2) A conservation organization, an environmental advocacy	1862
organization, an organization with a primary interest in watershed	1863
protection and restoration, the department of natural resources,	1864
the environmental protection agency, or the United States natural	1865
resources conservation service;	1866

(3) A city park system or metropolitan park system or a	1867
board of park commissioners from a county that is located within	1868
the geographical jurisdiction of the appointing integrating	1869
committee, a statewide parks and recreation organization, or the	1870
United States national park service;	1871

(4) A statewide organization representing agriculture, an	1872
organization representing forestry interests, the department of	1873
agriculture, or the United States department of agriculture;	1874

(5) An organization representing business, local realtors,	1875
or a planning agency, including a port authority, located within	1876
the geographical jurisdiction of the appointing integrating	1877
committee.	1878

No organization, unit of government, or agency that is	1879
listed in divisions (A)(1) to (5) of this section shall be	1880
represented by more than one member on the council at any given	1881
time. The membership of a natural resources assistance council	1882
shall reflect the demographic and economic diversity of the	1883
population located within the geographical area represented by the	1884
council.	1885

A council shall be appointed by the appropriate integrating	1886
committee not later than ninety days after the effective date of	1887
this section. Of the initial members appointed to the council,	1888
four shall be appointed for one year, four shall be appointed for	1889
two years, and three shall be appointed for three years.	1890
Thereafter, terms of office for members of the council shall be	1891
for three years, with each term ending on the same day of the same	1892
month as did the term that it succeeds. Each member shall hold	1893
office from the date of appointment until the end of the term for	1894
which the member is appointed, except that, with respect to any	1895
member who is an elected or appointed official of a township,	1896
municipal corporation, or county, the term of office for that	1897
person on the council shall not extend beyond the member's term as	1898
an elected or appointed official.	1899

Members may be reappointed. Vacancies shall be filled in	1900
the same manner provided for original appointments. Any member	1901
appointed to fill a vacancy occurring prior to the expiration date	1902
of the term for which the member was appointed shall hold office	1903
for the remainder of that term. A member shall continue in office	1904
subsequent to the expiration date of the member's term until the	1905
member's successor takes office or until a period of sixty days	1906
has elapsed, whichever occurs first. Members may be removed by the	1907
district public works integrating committee for misfeasance,	1908
malfeasance, or nonfeasance in office.	1909

(B) A natural resources assistance council shall elect a	1910
chairperson, a vice-chairperson, and other officers that the	1911
council considers appropriate. A council may adopt bylaws	1912
governing its operation, including bylaws that establish the	1913
frequency of regular meetings and any necessary procedures. All	1914
meetings of a council are subject to section 121.22 of the Revised	1915
Code.	1916

(C) Serving as a member of a natural resources assistance	1917
council under this section does not constitute holding a public	1918
office or position of employment under the laws of this state and	1919
does not confer a right to compensation from any agency of this	1920
state. A member of a natural resources assistance council does not	1921
have an unlawful interest in a public contract under section	1922
2921.42 of the Revised Code solely by virtue of the receipt of	1923
financial assistance under sections 164.20 to 164.27 of the	1924
Revised Code by the local political subdivision of which the	1925
member is also a public official or appointee.	1926

(D) Sections 101.82 to 101.87 of the Revised Code do not	1927
apply to natural resources assistance councils.	1928

Sec. 164.22. Natural resources assistance councils shall	1929
review and approve or disapprove applications in accordance with	1930
sections 164.20 to 164.27 of the Revised Code for grants for	1931
projects that propose to do either of the following:	1932

(A) Provide for open space acquisition and related	1933
development of those open spaces, including the aquisition of	1934
easements. Open space acquisition projects include acquisition of	1935
land or rights in land for parks, forests, wetlands, natural areas	1936
that protect an endangered plant or animal population, other	1937
natural areas, and connecting corridors for natural areas. Related	1938
development projects include projects for the construction or	1939
enhancement of facilities that are necessary to make an open space	1940
area accessible and useable by the general public. Projects	1941
proposed pursuant to division (A) of this section shall emphasize	1942
the following:	1943

(1) The support of comprehensive open space planning and	1944
incorporation of aesthetically pleasing and ecologically informed	1945
design;	1946

(2) The enhancement of economic development that relies on	1947
recreation and ecotourism in areas with relatively high	1948
unemployment and lower incomes;	1949

(3) The protection of habitat for rare, threatened, and	1950
endangered species or the preservation of high quality, viable	1951
habitat for plant and animal species;	1952

(4) The preservation of existing high quality wetlands or	1953
other scarce natural resources within the geographical	1954
jurisdiction of the council;	1955

(5) The inclusion of pedestrian or bicycle linkages to	1956
other open-space preserves and population centers;	1957

(6) The enhancement of educational opportunities and	1958
provision of physical links to schools and after-school centers;	1959

(7) The preservation or restoration of water quality,	1960
natural stream channels, functioning floodplains, wetlands,	1961
streamside forests, and other natural features that contribute to	1962
the quality of life in this state and to the state's natural	1963
heritage. Projects shall not include hydromodification projects	1964
such as dams, dredging, sedimentation, and bank clearing and shall	1965
not accelerate untreated water runoff or encourage invasive	1966
nonnative species.	1967

(8) The reduction or elimination of nonnative, invasive	1968
species of plants or animals;	1969

(9) The proper management of areas where safe fishing,	1970
hunting, and trapping may take place in a manner that will	1971
preserve a balanced natural ecosystem.	1972

(B) Protect and enhance riparian corridors or watersheds,	1973
including the protection and enhancement of streams, rivers,	1974
lakes, and other waters of the state. Such projects may include,	1975
without limitation, the reforestation of land or the planting of	1976
vegetation for filtration purposes; the fee simple acquisition of	1977
lands for the purpose of providing access to riparian corridors or	1978
watersheds or for other purposes necessary for the protection and	1979
enhancement of riparian corridors or watersheds; and the	1980
acquisition of easements for the purpose of protecting and	1981
enhancing riparian corridors or watersheds. Projects proposed	1982
pursuant to division (B) of this section shall emphasize the	1983
following:	1984

(1) The increase of habitat protection;

1985

(2) Inclusion as part of a stream corridor-wide or	1986
watershed-wide plan;	1987

(3) The provision of multiple recreational, economic, and	1988
aesthetic preservation benefits;	1989

(4) The preservation or restoration of floodplain and	1990
streamside forest functions;	1991

(5) The preservation of headwater streams;

1992

(6) The restoration and preservation of aquatic biological	1993
communities.	1994

Projects shall not initiate or perpetuate hydromodification	1995
projects such as dams, ditch development, or channelization.	1996

Grant moneys may be used for preliminary costs related to	1997
projects that are eligible for funding under this section,	1998
including planning costs, design costs, engineering costs, costs	1999
of appraisals, environmental assessments, and archaeological	2000
surveys.	2001

Sec. 164.23. (A) An entity seeking a grant for a project that	2002
is eligible for funding under section 164.22 of the Revised Code	2003
shall submit an application to the natural resources assistance	2004
council with geographical jurisdiction over the proposed project	2005
area. Entities that are eligible for funding are limited to local	2006
political subdivisions and nonprofit organizations. The director	2007
of the Ohio public works commission shall develop the form of the	2008
application and shall provide application forms to each council.	2009
The application shall require at least all of the following:	2010

(1) An identification of the local political subdivision or	2011
nonprofit organization that is responsible for the execution and	2012
completion of the proposed project;	2013

(2) A detailed description of the proposed project;

2014

(3) An identification of the areas that are proposed to be	2015
protected, restored, preserved, or constructed;	2016

(4) Detailed information concerning the practices and	2017
procedures that will be undertaken to complete the project;	2018

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

2019

(6) The amount and nature of the moneys or resources to be	2020
used as matching funds for the project. Matching funds shall	2021
constitute not less than twenty-five per cent of the total cost of	2022
the project and may consist of contributions of money by any	2023
person, any local political subdivision, or the federal	2024
government or of contributions in-kind by such parties through the	2025
purchase or donation of equipment, land, easements, labor, or	2026
materials necessary to complete the project. Matching funds shall	2027
not consist of state money, except that grants awarded by the	2028
governor's office of Appalachian Ohio created under section 107.21	2029
of the Revised Code may be used as matching funds.	2030

(7) An identification of any participation by state	2031
agencies that may have expertise regarding the particular project	2032
and that may provide assistance with respect to the project;	2033

(8) Information concerning the coordination of the project	2034
among local political subdivisions, state agencies, federal	2035
agencies, community organizations, conservation organizations, and	2036
local business groups;	2037

(9) Information about any coordination that the project	2038
will have with projects being undertaken under the jurisdiction of	2039
other natural resources assistance councils throughout the state	2040
under sections 164.20 to 164.27 of the Revised Code or with	2041
projects being undertaken under sections 122.65 to 122.658 of the	2042
Revised Code;	2043

(10) Information about public participation in the planning	2044
and execution of the project;	2045

(11) Information about whether the general public will be	2046
given access to the project area upon the completion of the	2047
project;	2048

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

2049

(B) In addition to the application required under division	2050
(A) of this section, an applicant for a grant for a project shall	2051
include with the application all of the following:	2052

(1) Except as otherwise provided in division (C) of this	2053
section, a copy of a resolution supporting the project from each	2054
county in which the proposed project is to be conducted and	2055
whichever of the following is applicable:	2056

(a) If the proposed project is to be conducted wholly	2057
within the geographical boundaries of one township, a copy of a	2058
resolution supporting the project from the township;	2059

(b) If the proposed project is to be conducted wholly	2060
within the geographical boundaries of one municipal corporation, a	2061
copy of a resolution supporting the project from the municipal	2062
corporation;	2063

(c) If the proposed project is to be conducted in more than	2064
one, but fewer than five townships or municipal corporations, a	2065
copy of a resolution supporting the project from at least one-half	2066
of the total number of townships and municipal corporations in	2067
which the proposed project is to be conducted;	2068

(d) If the proposed project is to be conducted in five or	2069
more townships or municipal corporations, a copy of a resolution	2070
supporting the project from at least three-fifths of the total	2071
number of townships and municipal corporations in which the	2072
proposed project is to be conducted.	2073

However, if the applicant is a county and the proposed	2074
project is to be located wholly within the geographical boundaries	2075
of the county, the applicant shall not be required to include a	2076
copy of a resolution from any township or municipal corporation.	2077
If the applicant is a municipal corporation and the proposed	2078
project is to be located wholly within the geographical boundaries	2079
of the municipal corporation, the applicant shall not be required	2080
to include a copy of a resolution from the county in which it is	2081
located. If the applicant is a township and the proposed project	2082
is to be located wholly within the geographical boundaries of the	2083
township, the applicant shall not be required to include a copy of	2084
a resolution from the county in which it is located.	2085

(2) Documentation that demonstrates that the applicant has	2086
the capacity, financial or otherwise, to complete the project for	2087
which the grant is sought and to provide any necessary ongoing	2088
maintenance of the project;	2089

(3) Documentation that indicates compliance with division	2090
(A) of section 164.26 of the Revised Code related to the long-term	2091
ownership or control of the property that is the subject of the	2092
grant application.	2093

(C)(1) Prior to submitting an application for a grant for a	2094
project under this section, an applicant that is a park district	2095
or other similar park authority shall submit a copy of the	2096
application to the legislative authority of each county, township,	2097
and municipal corporation in which the proposed project will be	2098
located. Not later than twenty-one days after receipt of the copy	2099
of the application, the legislative authority may adopt a	2100
resolution objecting to the proposed project.	2101

If a legislative authority adopts a resolution by the end of	2102
the twenty-one-day period objecting to the proposed project, the	2103
legislative authority immediately shall send a copy of the	2104
resolution to the applicant and to the appropriate natural	2105
resources assistance council. If a legislative authority fails to	2106
adopt a resolution by the end of that period objecting to the	2107
proposed project, it shall be conclusively presumed that the	2108
legislative authority does not object to the proposed project.	2109

(2) Except as otherwise provided in division (C)(3) of this	2110
section, if the applicant receives a copy of a resolution from any	2111
legislative authority objecting to the proposed project that was	2112
adopted by the end of the twenty-one-day period, the applicant	2113
shall not submit the application to the appropriate natural	2114
resources assistance council. If the applicant does not receive	2115
any such resolutions, the applicant may proceed to submit the	2116
application to the appropriate natural resources assistance	2117
council and shall include with it an affidavit stating that the	2118
applicant notified all affected counties, townships, and municipal	2119
corporations as required under division (C)(1) of this section and	2120
that the applicant did not receive any timely resolutions	2121
objecting to the proposed project.	2122

The affidavit required under division (C)(2) of this section	2123
is in lieu of the copies of resolutions required under division	2124
(B)(1) of this section.	2125

If an applicant submits a false affidavit required under	2126
division (C)(2) of this section, the appropriate natural resources	2127
assistance council shall deny the application for a grant. If an	2128
applicant has received a grant at the time that a false affidavit	2129
is discovered, the applicant shall return all of the money awarded	2130
in the grant.	2131

(3) If an applicant that is subject to division (C) of this	2132
section proposes a project that will be located in more than one	2133
county, township, or municipal corporation and receives a timely	2134
resolution objecting to the proposed project from at least one,	2135
but not all, of the legislative authorities of those counties,	2136
townships, and municipal corporations, the applicant may submit an	2137
application for, and be awarded a grant for, the portion of the	2138
proposed project that will be located in the counties, townships,	2139
and municipal corporations whose legislative authorities did not	2140
adopt resolutions objecting to the proposed project.	2141

(D) Upon receipt of an application under division (A) of	2142
this section and the information required under division (B) of	2143
this section, a council may request additional information	2144
concerning the proposed project to which the application and	2145
information apply. Upon receiving such a request, the entity	2146
proposing the project shall provide the additional information	2147
requested.	2148

Sec. 164.24. (A) A natural resources assistance council	2149
shall review each application for a grant submitted under section	2150
164.23 of the Revised Code. In reviewing an application and for	2151
the purpose of determining whether to approve or disapprove the	2152
application, a council shall consider all of the following	2153
criteria:	2154

(1) Whether the project emphasizes the factors specified in	2155
division (A) or (B) of section 164.22 of the Revised Code;	2156

(2) The amount of funding that is necessary for the	2157
completion of the project;	2158

(3) The amount and percentage of the matching funds provided	2159
under the proposal;	2160

(4) The level of coordination among local political	2161
subdivisions, state agencies, federal agencies, community	2162
organizations, conservation organizations, and local business	2163
groups;	2164

(5) The level of coordination with projects being	2165
undertaken under the jurisdiction of other natural resources	2166
assistance councils throughout the state under sections 164.20 to	2167
164.27 of the Revised Code or with projects being undertaken under	2168
sections 122.65 to 122.658 of the Revised Code;	2169

(6) The relative economic, social, and environmental	2170
benefits that the proposed project will bring to the geographical	2171
area represented by the council as compared to other proposed	2172
projects;	2173

(7) Whether the project incorporates more than one purpose	2174
for which grant moneys may be used as specified in section 164.22	2175
of the Revised Code;	2176

(8) Whether the general public will be given access to the	2177
project area upon the completion of the project;	2178

(9) Whether the project will comply with all of the	2179
requirements established in sections 164.20 to 164.27 of the	2180
Revised Code;	2181

(10) The readiness of the applicant to proceed with the	2182
project;	2183

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

2184

(B) A natural resources assistance council shall establish a	2185
prioritization and selection methodology system for applications	2186
submitted under section 164.23 of the Revised Code. The	2187
methodology shall be submitted to and approved by the director of	2188
the Ohio public works commission.	2189

(C) In accordance with the methodology system established	2190
and approved under division (B) of this section, a natural	2191
resources assistance council shall approve or disapprove an	2192
application for a grant submitted to it after consideration of all	2193
of the criteria specified in divisions (A)(1) to (11) of this	2194
section. If the council approves an application, the council	2195
shall submit a copy of the application, along with all	2196
accompanying materials, to the Ohio public works commission for	2197
final approval or disapproval.	2198

Sec. 164.25. The director of the Ohio public works commission	2199
shall approve applications for grants submitted under sections	2200
164.20 to 164.27 of the Revised Code if all of the following	2201
apply:	2202

(A) The approval of the application by the applicable	2203
natural resources assistance council was reasonably based on the	2204
criteria specified in divisions (A)(1) to (11) of section 164.24	2205
of the Revised Code.	2206

(B) The application for a grant and the proposed project for	2207
which the grant is to be used comply with all other requirements	2208
established under sections 164.20 to 164.27 of the Revised Code.	2209

(C) The amount of the financial assistance, when added to	2210
all other financial assistance provided during the calendar year	2211
for projects within the district for which a natural resources	2212
assistance council was appointed, does not exceed that district's	2213
allocation of money from the clean Ohio conservation fund under	2214
section 164.27 of the Revised Code.	2215

Sec. 164.26. (A) The director of the Ohio public works	2216
commission shall establish policies related to the need for	2217
long-term ownership, or long-term control through a lease or the	2218
purchase of an easement, of real property that is the subject of	2219
an application for a grant under sections 164.20 to 164.27 of the	2220
Revised Code and establish requirements for documentation to be	2221
submitted by grant applicants that is necessary for the proper	2222
administration of this division. The policies shall provide for	2223
proper penalties, including grant repayment, for entities that	2224
fail to comply with the long-term ownership or control	2225
requirements established under this division.	2226

The director also shall adopt policies delineating what	2227
constitutes administrative costs for purposes of division (F) of	2228
section 164.27 of the Revised Code.	2229

(B) The Ohio public works commission shall administer	2230
sections 164.20 to 164.27 of the Revised Code and shall exercise	2231
any authority and use any procedures granted or established under	2232
sections 164.02 and 164.05 of the Revised Code that are necessary	2233
for that purpose.	2234

Sec. 164.27. (A) The clean Ohio conservation fund is hereby	2235
created in the state treasury. Seventy-five per cent of the net	2236
proceeds of obligations issued and sold by the issuing authority	2237
pursuant to sections 151.01 and 151.09 of the Revised Code shall	2238
be deposited into the fund. Investment earnings of the fund shall	2239
be credited to the fund. For two years after the effective date of	2240
this section, investment earnings credited to the fund may be used	2241
to pay costs incurred by the Ohio public works commission in	2242
administering sections 164.20 to 164.27 of the Revised Code.	2243
Moneys in the clean Ohio conservation fund shall be used to make	2244
grants to local political subdivisions and nonprofit organizations	2245
for projects that have been approved for grants under sections	2246
164.20 to 164.27 of the Revised Code.	2247

The clean Ohio conservation fund shall be administered by	2248
the Ohio public works commission.	2249

(B) For the purpose of grants issued under sections 164.20	2250
to 164.27 of the Revised Code, moneys shall be allocated on an	2251
annual basis from the clean Ohio conservation fund to districts	2252
represented by natural resources assistance councils as follows:	2253

(1) Each district shall receive an amount that is equal to	2254
one-fourth of one per cent of the total annual amount allocated to	2255
all districts each year for each county that is represented by the	2256
district.	2257

(2) The remaining moneys shall be allocated to each district	2258
annually on a per capita basis.	2259

(C) A grant that is awarded under sections 164.20 to 164.27	2260
of the Revised Code may provide up to seventy-five per cent of the	2261
estimated cost of a project. Matching funds from a grant	2262
recipient may consist of contributions of money by any person, any	2263
local political subdivision, or the federal government or of	2264
contributions in-kind by such entities through the purchase or	2265
donation of equipment, land, easements, interest in land, labor,	2266
or materials necessary to complete the project. Matching funds	2267
shall not consist of state money, except that grants awarded by	2268
the governor's office of Appalachian Ohio created under section	2269
107.21 of the Revised Code may be used as matching funds.	2270

(D) The director of the Ohio public works commission shall	2271
notify the director of budget and management of the amounts	2272
allocated pursuant to this section, and that information shall be	2273
entered in the state accounting system. The director of budget	2274
and management may establish appropriate line items or other	2275
mechanisms that are needed to track the allocations.	2276

(E) Grants awarded under sections 164.20 to 164.27 of the	2277
Revised Code from the clean Ohio conservation fund shall be used	2278
by a local political subdivision or nonprofit organization only to	2279
pay the costs related to the purposes for which grants may be	2280
issued under section 164.22 of the Revised Code and shall not be	2281
used by a local political subdivision or nonprofit organization to	2282
pay any administrative costs incurred by the local political	2283
subdivision or nonprofit organization.	2284

Sec. 317.08.  Except as provided in division (F) of this	2285
section, the county recorder shall keep six separate sets of	2286
records as follows:	2287

(A) A record of deeds, in which shall be recorded all deeds	2288
and other instruments of writing for the absolute and	2289
unconditional sale or conveyance of lands, tenements, and	2290
hereditaments; all notices as provided for in sections 5301.47 to	2291
5301.56 of the Revised Code; all judgments or decrees in actions	2292
brought under section 5303.01 of the Revised Code; all	2293
declarations and bylaws as provided for in Chapter 5311. of the	2294
Revised Code; affidavits as provided for in section 5301.252 of	2295
the Revised Code; all certificates as provided for in section	2296
5311.17 of the Revised Code; all articles dedicating	2297
archaeological preserves accepted by the director of the Ohio	2298
historical society under section 149.52 of the Revised Code; all	2299
articles dedicating nature preserves accepted by the director of	2300
natural resources under section 1517.05 of the Revised Code; all	2301
agreements for the registration of lands as archaeological or	2302
historic landmarks under section 149.51 or 149.55 of the Revised	2303
Code; all conveyances of conservation easements and agricultural	2304
easements under section 5301.68 of the Revised Code; all	2305
instruments extinguishing agricultural easements under section	2306
901.21 or 5301.691 of the Revised Code or pursuant to terms of	2307
such an easement granted to a charitable organization under	2308
section 5301.68 of the Revised Code; all instruments or orders	2309
described in division (B)(1)(c)(ii) of section 5301.56 of the	2310
Revised Code; all no further action letters issued under section	2311
122.654 or 3746.11 of the Revised Code; all covenants not to sue	2312
issued under section 3746.12 of the Revised Code, including all	2313
covenants not to sue issued pursuant to section 122.654 of the	2314
Revised Code; any restrictions on the use of property contained in	2315
a no further action letter issued under section 122.654 of the	2316
Revised Code and any restrictions on the use of property	2317
identified pursuant to division (C)(3) of section 3746.10 of the	2318
Revised Code; all memoranda of trust, as described in division (A)	2319
of section 5301.255 of the Revised Code, that describe specific	2320
real property; and all agreements entered into under division (A)	2321
of section 1521.26 of the Revised Code;	2322

(B) A record of mortgages, in which shall be recorded all of	2323
the following:	2324

(1) All mortgages, including amendments, supplements,	2325
modifications, and extensions of mortgages, or other instruments	2326
of writing by which lands, tenements, or hereditaments are or may	2327
be mortgaged or otherwise conditionally sold, conveyed, affected,	2328
or encumbered;	2329

(2) All executory installment contracts for the sale of land	2330
executed after September 29, 1961, that by their terms are not	2331
required to be fully performed by one or more of the parties to	2332
them within one year of the date of the contracts;	2333

(3) All options to purchase real estate, including	2334
supplements, modifications, and amendments of the options, but no	2335
option of that nature shall be recorded if it does not state a	2336
specific day and year of expiration of its validity;	2337

(4) Any tax certificate sold under section 5721.33 of the	2338
Revised Code, or memorandum thereof, that is presented for filing	2339
of record.	2340

(C) A record of powers of attorney, including all memoranda	2341
of trust, as described in division (A) of section 5301.255 of the	2342
Revised Code, that do not describe specific real property;	2343

(D) A record of plats, in which shall be recorded all plats	2344
and maps of town lots, of the subdivision of town lots, and of	2345
other divisions or surveys of lands, any center line survey of a	2346
highway located within the county, the plat of which shall be	2347
furnished by the director of transportation or county engineer,	2348
and all drawings as provided for in Chapter 5311. of the Revised	2349
Code;	2350

(E) A record of leases, in which shall be recorded all	2351
leases, memoranda of leases, and supplements, modifications, and	2352
amendments of leases and memoranda of leases;	2353

(F) A record of declarations executed pursuant to section	2354
2133.02 of the Revised Code and durable powers of attorney for	2355
health care executed pursuant to section 1337.12 of the Revised	2356
Code.	2357

All instruments or memoranda of instruments entitled to	2358
record shall be recorded in the proper record in the order in	2359
which they are presented for record. The recorder may index,	2360
keep, and record in one volume unemployment compensation liens,	2361
internal revenue tax liens and other liens in favor of the United	2362
States as described in division (A) of section 317.09 of the	2363
Revised Code, personal tax liens, mechanic's liens, agricultural	2364
product liens, notices of liens, certificates of satisfaction or	2365
partial release of estate tax liens, discharges of recognizances,	2366
excise and franchise tax liens on corporations, broker's liens,	2367
and liens provided for in sections 1513.33, 1513.37, 3752.13,	2368
5111.021, and 5311.18 of the Revised Code.	2369

The recording of an option to purchase real estate, including	2370
any supplement, modification, and amendment of the option, under	2371
this section shall serve as notice to any purchaser of an interest	2372
in the real estate covered by the option only during the period of	2373
the validity of the option as stated in the option.	2374

(G) In lieu of keeping the six separate sets of records	2375
required in divisions (A) to (F) of this section and the records	2376
required in division (H) of this section, a county recorder may	2377
record all the instruments required to be recorded by this section	2378
in two separate sets of record books. One set shall be called the	2379
"official records" and shall contain the instruments listed in	2380
divisions (A), (B), (C), (E), (F), and (H) of this section. The	2381
second set of records shall contain the instruments listed in	2382
division (D) of this section.	2383

(H) Except as provided in division (G) of this section, the	2384
county recorder shall keep a separate set of records containing	2385
all corrupt activity lien notices filed with the recorder pursuant	2386
to section 2923.36 of the Revised Code and a separate set of	2387
records containing all medicaid fraud lien notices filed with the	2388
recorder pursuant to section 2933.75 of the Revised Code.	2389

Sec. 901.21.  (A) As used in this section and section 901.22	2390
of the Revised Code:	2391

(1) "Agricultural easement" has the same meaning as in	2392
section 5301.67 of the Revised Code.	2393

(2) "Agriculture" means those activities occurring on land	2394
devoted exclusively to agricultural use, as defined in section	2395
5713.30 of the Revised Code, or on land that constitutes a	2396
homestead.	2397

(3) "Homestead" means the portion of a farm on which is	2398
located a dwelling house, yard, or outbuildings such as a barn or	2399
garage.	2400

(B) The director of agriculture may acquire real property	2401
used predominantly in agriculture and agricultural easements by	2402
gift, devise, or bequest if, at the time an easement is granted,	2403
such easements arean easement is on land that is valued for	2404
purposes of real property taxation at its current value for	2405
agricultural use under section 5713.31 of the Revised Code when	2406
the easement is grantedor that constitutes a homestead. Any	2407
terms may be included in an agricultural easement so acquired that	2408
are necessary or appropriate to preserve on behalf of the grantor	2409
of the easement the favorable tax consequences of the gift,	2410
devise, or bequest under the "Internal Revenue Act of 1986," 100	2411
Stat. 2085, 26 U.S.C.A. 1, as amended. The director, by any such	2412
means or by purchase or lease, may acquire, or acquire the use of,	2413
stationary personal property or equipment that is located on land	2414
acquired in fee by the director under this section and that is	2415
necessary or appropriate for the use of the land predominantly in	2416
agriculture.	2417

(C) The director may do all things necessary or appropriate	2418
to retain the use of real property acquired in fee under division	2419
(B) of this section predominantly in agriculture, including,	2420
without limitation, performing any of the activities described in	2421
division (A)(1) or (2) of section 5713.30 of the Revised Code or	2422
entering into contracts to lease or rent the real property so	2423
acquired to persons or governmental entities that will use the	2424
land predominantly in agriculture.	2425

(D)(1) When the director considers it to be necessary or	2426
appropriate, the director may sell real property acquired in fee,	2427
and stationary personal property or equipment acquired by gift,	2428
devise, bequest, or purchase, under division (B) of this section	2429
on such terms as the director considers to be advantageous to this	2430
state.	2431

(2) An agricultural easement acquired under division (B) of	2432
this section may be extinguished under the circumstances	2433
prescribed, and in accordance with the terms and conditions set	2434
forth, in the instrument conveying the agricultural easement.	2435

(E) There is hereby created in the state treasury the	2436
agricultural easement purchase fund. The fund shall consist of	2437
the proceeds received from the sale of real and personal property	2438
under division (D) of this section; moneys received due to the	2439
extinguishment of agricultural easements acquired by the director	2440
under division (B) of this section or section 5301.691 of the	2441
Revised Code; moneys received due to the extinguishment of	2442
agricultural easements purchased with the assistance of matching	2443
grants made under section 901.22 of the Revised Code; gifts,	2444
bequests, devises, and contributions received by the director for	2445
the purpose of acquiring agricultural easements; and grants	2446
received from public or private sources for the purpose of	2447
purchasing agricultural easements. The fund shall be administered	2448
by the director, and moneys in the fund shall be used by the	2449
director exclusively to purchase agricultural easements under	2450
division (A) of section 5301.691 of the Revised Code and provide	2451
matching grants under section 901.22 of the Revised Code to	2452
municipal corporations, counties, townships, and charitable	2453
organizations for the purchase of agricultural easements. Money	2454
in the fund shall be used only to purchase agricultural easements	2455
on land that is valued for purposes of real property taxation at	2456
its current value for agricultural use under section 5713.31 of	2457
the Revised Code or that constitutes a homestead when the easement	2458
is purchased.	2459

(F) There is hereby created in the state treasury the clean	2460
Ohio agricultural easement fund. Twelve and one-half per cent of	2461
net proceeds of obligations issued and sold pursuant to sections	2462
151.01 and 151.09 of the Revised Code shall be deposited into the	2463
fund. The fund shall be used by the director for the purposes of	2464
sections 901.21 and 901.22 and the provisions of sections 5301.67	2465
to 5301.70 of the Revised Code governing agricultural easements.	2466
Investment earnings of the fund shall be credited to the fund.	2467
For two years after the effective date of this amendment,	2468
investment earnings credited to the fund may be used to pay costs	2469
incurred by the director in administering those sections and	2470
provisions.	2471

(G) The term of an agricultural easement purchased wholly or	2472
in part with money from the clean Ohio agricultural easement fund	2473
or the agricultural easement purchase fund shall be perpetual and	2474
shall run with the land.	2475

Sec. 901.22.  (A) The director of agriculture, in accordance	2476
with Chapter 119. of the Revised Code, shall adopt rules that do	2477
all of the following:	2478

(1) Establish procedures and eligibility criteria for making	2479
matching grants to municipal corporations, counties, townships,	2480
and charitable organizations described in division (B) of section	2481
5301.69 of the Revised Code for the purchase of agricultural	2482
easements;. With respect to agricultural easements that are	2483
purchased or proposed to be purchased with such matching grants	2484
that consist in whole or in part of moneys from the clean Ohio	2485
agricultural easement fund created in section 901.21 of the	2486
Revised Code, the rules shall establish all of the following:	2487

(a) Procedures for all of the following:

2488

(i) Soliciting and accepting applications for matching	2489
grants;	2490

(ii) Participation by local governments and by the public	2491
in the process of making matching grants to charitable	2492
organizations;	2493

(iii) Notifying local governments, charitable	2494
organizations, and organizations that represent the interests of	2495
farmers of the ranking system established in rules adopted under	2496
division (A)(1)(b) of this section.	2497

(b) A ranking system for applications for the matching	2498
grants that is based on the soil type, proximity of the land or	2499
other land that is conducive to agriculture as defined by rules	2500
adopted under this section and that is the subject of an	2501
application to other agricultural land or other land that is	2502
conducive to agriculture as defined by rules adopted under this	2503
section and that is already or is in the process of becoming	2504
permanently protected from development, farm stewardship,	2505
development pressure, and, if applicable, a local comprehensive	2506
land use plan involved with a proposed agricultural easement. The	2507
rules shall require that preference be given to proposed	2508
agricultural easements that involve the greatest proportion of all	2509
of the following:	2510

(i) Prime soils, unique or locally important soils,	2511
microclimates, or similar features;	2512

(ii) Land that is adjacent to or that is in close	2513
proximity to other agricultural land or other land that is	2514
conducive to agriculture as defined by rules adopted under this	2515
section and that is already or is in the process of becoming	2516
permanently protected from development, by agricultural easement	2517
or otherwise, so that a buffer would exist between the land	2518
involving the proposed agricultural easement and areas that have	2519
been developed or likely will be developed for purposes other than	2520
agriculture;	2521

(iii) The use of best management practices, including	2522
federally or state approved conservation plans, and a history of	2523
substantial compliance with applicable federal and state laws;	2524

(iv) Development pressure that is imminent, but not a	2525
result of current location in the direct path of urban	2526
development;	2527

(v) Areas identified for agricultural protection in local	2528
comprehensive land use plans.	2529

(c) Any other criteria that the director determines are	2530
necessary for selecting applications for matching grants;	2531

(d) Requirements regarding the information that must be	2532
included in the annual monitoring report that must be prepared for	2533
an agricultural easement under division (D)(2) of section 5301.691	2534
of the Revised Code, procedures for submitting a copy of the	2535
report to the office of farmland preservation in the department of	2536
agriculture, and requirements and procedures governing corrective	2537
actions that may be necessary to enforce the terms of the	2538
agricultural easement.	2539

(2) Establish provisions that shall be included in the	2540
instrument conveying to a municipal corporation, county, township,	2541
or charitable organization any agricultural easement purchased	2542
with matching grant funds provided by the director under this	2543
section, including, without limitation, all of the following	2544
provisions:	2545

(a) A provision stating that an easement so purchased may be	2546
extinguished only if an unexpected change in the conditions of or	2547
surrounding the land that is subject to the easement makes	2548
impossible or impractical the continued use of the land for the	2549
purposes described in the easement, or if the requirements of the	2550
easement are extinguished by judicial proceedings;	2551

(b) A provision requiring that, upon the sale, exchange, or	2552
involuntary conversion of the land subject to the easement, the	2553
holder of the easement shall be paid an amount of money that is at	2554
least equal to the proportionate value of the easement compared to	2555
the total value of the land at the time the easement was acquired;	2556

(c) A provision requiring that, upon receipt of the portion	2557
of the proceeds of a sale, exchange, or involuntary conversion	2558
described in division (A)(2)(b) of this section, the municipal	2559
corporation, county, township, or charitable organization remit to	2560
the director an amount of money equal to the percentage of the	2561
cost of purchasing the easement it received as a matching grant	2562
under this section.	2563

Moneys received by the director pursuant to rules adopted	2564
under division (A)(2)(c) of this section shall be credited to the	2565
agricultural easement purchase fund created in section 901.21 of	2566
the Revised Code.	2567

(3) AnyEstablish a provision that provides a charitable	2568
organization described in division (B) of section 5301.69 of the	2569
Revised Code, municipal corporation, township, or county with the	2570
option of purchasing agricultural easements either in installments	2571
or with a lump sum payment. The rules shall include a requirement	2572
that a charitable organization, municipal corporation, township,	2573
or county negotiate with the seller of the agricultural easement	2574
concerning any installment payment terms, including the dates and	2575
amounts of payments and the interest rate on the outstanding	2576
balance. The rules also shall require the director to approve any	2577
method of payment that is undertaken in accordance with the rules	2578
adopted under division (A)(3) of this section.	2579

(4) Establish any other requirements that the director	2580
considers to be necessary or appropriate to implement or	2581
administer a program to make matching grants under this section	2582
and monitor those grants.	2583

(B) The director may develop guidelines regarding the	2584
acquisition of agricultural easements by the department of	2585
agriculture and the provisions of instruments conveying those	2586
easements. The director may make the guidelines available to	2587
public and private entities authorized to acquire and hold	2588
agricultural easements.	2589

(C) The director may provide technical assistance in	2590
developing a program for the acquisition and monitoring of	2591
agricultural easements to public and private entities authorized	2592
to hold agricultural easements. The technical assistance may	2593
include, without limitation, reviewing and providing advisory	2594
recommendations regarding draft instruments conveying agricultural	2595
easements.	2596

(D) The director may make matching grants from the	2597
agricultural easementseasement purchase fund created in section	2598
901.21 of the Revised Codeand the clean Ohio agricultural	2599
easement fund to municipal corporations, counties, townships, and	2600
charitable organizations described in division (B) of section	2601
5301.69 of the Revised Code, to assist those political	2602
subdivisions and charitable organizations in purchasing	2603
agricultural easements. Application for a matching grant shall be	2604
made on forms prescribed and provided by the director. The	2605
matching grants shall be made in compliance with the criteria and	2606
procedures established in rules adopted under this section.	2607
Instruments conveying agricultural easements purchased with	2608
matching grant funds provided under this section, at a minimum,	2609
shall include the mandatory provisions set forth in those rules.	2610

Matching grants made under this division using moneys from	2611
the clean Ohio agricultural easement fund created in section	2612
901.21 of the Revised Code may provide up to seventy-five per cent	2613
of the value of an agricultural easement as determined by a	2614
general real estate appraiser who is certified under Chapter 4763.	2615
of the Revised Code. Not less than twenty-five per cent of the	2616
value of the agricultural easement shall be provided by the	2617
recipient of the matching grant or donated by the person who is	2618
transferring the easement to the grant recipient. The amount of	2619
such a matching grant used for the purchase of a single	2620
agricultural easement shall not exceed one million dollars.	2621

(E)(1) The director shall monitor and evaluate the	2622
effectiveness and efficiency of the agricultural easement program	2623
as a farmland preservation tool. On or before July 1, 1999, and	2624
the first day of July of each year thereafter, the director shall	2625
prepare and submit a report to the chairpersons of the standing	2626
committees of the senate and the house of representatives that	2627
consider legislation regarding agriculture. The report shall	2628
consider and address the following criteria to determine the	2629
program's effectiveness:	2630

(a) The number of agricultural easements purchased during	2631
the preceding year;	2632

(b) The location of those easements;

2633

(c) The number of acres of land preserved for agricultural	2634
use;	2635

(d) The amount of money used by a municipal corporation,	2636
township, or county from its general fund or special fund to	2637
purchase the agricultural easements;	2638

(e) The number of state matching grants given to purchase	2639
the agricultural easements;	2640

(f) The amount of state matching grant moneys used to	2641
purchase the agricultural easements.	2642

(2) The report also shall consider and include, at a	2643
minimum, the following information for each county to determine	2644
the program's efficiency:	2645

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

2646

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

2647

(c) The total number of acres preserved for agricultural use	2648
in the preceding year;	2649

(d) The average cost, per acre, of land preserved for	2650
agricultural use in the preceding year.	2651

Sec. 901.23. (A) There is hereby created the farmland	2652
preservation advisory board consisting of twelve voting members.	2653
Not later than sixty days after the effective date of this	2654
section, the director of agriculture shall appoint all of the	2655
following members to the board:	2656

(1) One member who is a county commissioner or a	2657
representative of a statewide organization that represents county	2658
commissioners;	2659

(2) One member who is a township trustee or a	2660
representative of a statewide organization that represents	2661
township trustees;	2662

(3) One representative of the Ohio state university;

2663

(4) One representative of a national nonprofit organization	2664
dedicated to the preservation of farmland;	2665

(5) One representative of the natural resources	2666
conservation service in the United States department of	2667
agriculture;	2668

(6) One representative each of development, environmental,	2669
and planning interests;	2670

(7) One farmer from each of the state's four quadrants.

2671

Of the initial appointments to the board, four shall serve	2672
for a one-year term, four shall serve for a two-year term, and	2673
four shall serve for a three-year term. Thereafter, terms of	2674
office shall be for three years, with each term ending on the same	2675
day of the same month as did the term that it succeeds. Each	2676
member shall hold office from the date of appointment until the	2677
end of the term for which the member was appointed, except that	2678
the term of any member who is a county commissioner or township	2679
trustee shall end when the member ceases to serve as a county	2680
commissioner or township trustee.	2681

Members may be reappointed. Vacancies shall be filled in	2682
the manner provided for original appointments. Any member	2683
appointed to fill a vacancy occurring prior to the expiration date	2684
of the term for which the member was appointed shall serve for the	2685
remainder of that term. A member shall continue to serve	2686
subsequent to the expiration date of the member's term until the	2687
member's successor takes office or until a period of sixty days	2688
has elapsed, whichever occurs first. Members shall serve at the	2689
pleasure of the director.	2690

The executive director of the office of farmland	2691
preservation in the department of agriculture or another employee	2692
of the department who is designated by the director shall serve as	2693
the nonvoting chairperson of the board. The director annually	2694
shall designate one member of the board to serve as its	2695
vice-chairperson. The board may adopt bylaws governing its	2696
operation and shall meet at a time when the director, or the	2697
director's designee, considers it appropriate in order for the	2698
board to provide advice as required under division (B) of this	2699
section.	2700

(B) The board shall provide advice to the director	2701
regarding all of the following:	2702

(1) The design and implementation of an agricultural	2703
easement purchase program;	2704

(2) The selection of applications that will be awarded	2705
matching grants under division (D) of section 901.22 of the	2706
Revised Code for the purchase of agricultural easements;	2707

(3) The design and implementation of any other statewide	2708
farmland protection measures that the director considers	2709
appropriate.	2710

(C) Serving as a member of the board does not constitute	2711
holding a public office or position of employment under the laws	2712
of this state and does not constitute grounds for removal of	2713
public officers or employees from their offices or positions of	2714
employment.	2715

(D) A board member shall be reimbursed for actual and	2716
necessary expenses incurred in the discharge of duties as a board	2717
member.	2718

Sec. 1519.05. (A) As used in this section, "local political	2719
subdivision" and "nonprofit organization" have the same meanings	2720
as in section 164.20 of the Revised Code.	2721

(B) There is hereby created in the state treasury the clean	2722
Ohio trail fund. Twelve and one-half per cent of the net proceeds	2723
of obligations issued and sold pursuant to sections 151.01 and	2724
151.09 of the Revised Code shall be deposited into the fund.	2725

Investment earnings of the fund shall be credited to the	2726
fund. For two years after the effective date of this section,	2727
investment earnings credited to the fund may be used to pay costs	2728
incurred by the director of natural resources in administering	2729
this section.	2730

Money in the clean Ohio trail fund shall not be used for the	2731
appropriation of land, rights, rights-of-way, franchises,	2732
easements, or other property through the exercise of the right of	2733
eminent domain.	2734

The director shall use moneys in the fund exclusively to	2735
provide matching grants to nonprofit organizations and to local	2736
political subdivisions for the purposes of purchasing land or	2737
interests in land for recreational trails and for the construction	2738
of such trails. A matching grant may provide up to seventy-five	2739
per cent of the cost of a recreational trail project, and the	2740
recipient of the matching grant shall provide not less than	2741
twenty-five per cent of that cost.	2742

(C) The director shall establish policies for the purposes	2743
of this section. The policies shall establish all of the	2744
following:	2745

(1) Procedures for providing matching grants to nonprofit	2746
organizations and local political subdivisions for the purposes of	2747
purchasing land or interests in land for recreational trails and	2748
for the construction of such trails, including, without	2749
limitation, procedures for both of the following:	2750

(a) Developing a grant application form and soliciting,	2751
accepting, and approving grant applications;	2752

(b) Participation by nonprofit organizations and local	2753
political subdivisions in the application process.	2754

(2) A requirement that an application for a matching grant	2755
for a recreational trail project include a copy of a resolution	2756
supporting the project from each county in which the proposed	2757
project is to be conducted and whichever of the following is	2758
applicable:	2759

(a) If the proposed project is to be conducted wholly	2760
within the geographical boundaries of one township, a copy of a	2761
resolution supporting the project from the township;	2762

(b) If the proposed project is to be conducted wholly	2763
within the geographical boundaries of one municipal corporation, a	2764
copy of a resolution supporting the project from the municipal	2765
corporation;	2766

(c) If the proposed project is to be conducted in more than	2767
one, but fewer than five townships or municipal corporations, a	2768
copy of a resolution supporting the project from at least one-half	2769
of the total number of townships and municipal corporations in	2770
which the proposed project is to be conducted;	2771

(d) If the proposed project is to be conducted in five or	2772
more municipal corporations, a copy of a resolution supporting the	2773
project from at least three-fifths of the total number of	2774
townships and municipal corporations in which the proposed project	2775
is to be conducted.	2776

(3) Eligibility criteria that must be satisfied by an	2777
applicant in order to receive a matching grant and that emphasize	2778
the following:	2779

(a) Synchronization with the statewide trail plan;

2780

(b) Complete regional systems and links to the statewide	2781
trail system;	2782

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

2783

(d) The provision of links in urban areas that support	2784
commuter access and show economic impact on local communities;	2785

(e) The linkage of population centers with public outdoor	2786
recreation areas and facilities;	2787

(f) The purchase of rail lines that are linked to the	2788
statewide trail plan;	2789

(g) The preservation of natural corridors.

2790

(4) Items of value, such as in-kind contributions of land,	2791
easements or other interests in land, labor, or materials, that	2792
may be considered as contributing toward the percentage of the	2793
cost of a recreational trails project that must be provided by a	2794
matching grant recipient. The rules shall prohibit state money	2795
from being considered as contributing toward that percentage,	2796
except that grants awarded by the governor's office of Appalachian	2797
Ohio created under section 107.21 of the Revised Code may be	2798
considered as contributing toward that percentage.	2799

Sec. 1519.06. (A) There is hereby created the clean Ohio	2800
trail advisory board consisting of nine voting members. Not later	2801
than sixty days after the effective date of this section, the	2802
director of natural resources shall appoint all of the following	2803
members to the board:	2804

(1) One member who is a county commissioner and who is	2805
recommended by a statewide organization that represents county	2806
commissioners;	2807

(2) One member who is a township trustee and who is	2808
recommended by a statewide organization that represents township	2809
trustees;	2810

(3) One member who is a member of the legislative authority	2811
of a municipal corporation and who is recommended by a statewide	2812
organization that represents municipal corporations;	2813

(4) Three representatives of statewide nonprofit	2814
organizations dedicated to the creation of recreational trails;	2815

(5) One representative each of development, environmental,	2816
and planning interests.	2817

Of the initial appointments to the board, three shall serve	2818
for a one-year term, three shall serve for a two-year term, and	2819
three shall serve for a three-year term. Thereafter, terms of	2820
office shall be for three years, with each term ending on the same	2821
day of the same month as did the term that it succeeds. Each	2822
member shall hold office from the date of appointment until the	2823
end of the term for which the member was appointed, except that	2824
the term of any member who is a county commissioner, a township	2825
trustee, or a member of the legislative authority of a municipal	2826
corporation shall end when the member ceases to serve as a county	2827
commissioner, a township trustee, or a member of the legislative	2828
authority of a municipal corporation.	2829

Members may be reappointed. Vacancies shall be filled in	2830
the manner provided for original appointments. Any member	2831
appointed to fill a vacancy occurring prior to the expiration date	2832
of the term for which the member was appointed shall serve for the	2833
remainder of that term. A member shall continue to serve	2834
subsequent to the expiration date of the member's term until the	2835
member's successor takes office or until a period of sixty days	2836
has elapsed, whichever occurs first. Members shall serve at the	2837
pleasure of the director.	2838

The director or another employee who is designated by the	2839
director shall serve as the nonvoting chairperson of the board.	2840
The director annually shall designate one member of the board to	2841
serve as its vice-chairperson. The board may adopt bylaws	2842
governing its operation and shall meet at a time when the	2843
director, or the director's designee, considers it appropriate in	2844
order for the board to provide advice as required under division	2845
(B) of this section.	2846

(B) The board shall provide advice to the director	2847
regarding the selection of applications that will be awarded	2848
matching grants under section 1519.05 of the Revised Code.	2849

(C) Serving as a member of the board does not constitute	2850
holding a public office or position of employment under the laws	2851
of this state and does not constitute grounds for removal of	2852
public officers or employees from their offices or positions of	2853
employment.	2854

(D) A board member shall be reimbursed for actual and	2855
necessary expenses incurred in the discharge of duties as a board	2856
member.	2857

Sec. 3745.40. (A) There is hereby created the clean Ohio	2858
operating fund consisting of moneys credited to the fund in	2859
accordance with this section. The fund shall be used to pay the	2860
costs incurred by the director of environmental protection	2861
pursuant to sections 122.65 to 122.658 of the Revised Code.	2862
Investment earnings of the fund shall be credited to the fund.	2863
For two years after the effective date of this section, investment	2864
earnings credited to the fund may be used to pay administrative	2865
costs incurred by the director pursuant to those sections.	2866

(B) Notwithstanding section 3746.16 of the Revised Code,	2867
upon the request of the director of environmental protection, the	2868
director of development shall certify to the director of budget	2869
and management the amount of excess investment earnings that are	2870
available to be transferred from the clean Ohio revitalization	2871
fund created in section 122.658 of the Revised Code to the clean	2872
Ohio operating fund. Upon certification, the director of budget	2873
and management may transfer from the clean Ohio revitalization	2874
fund to the clean Ohio operating fund an amount not exceeding the	2875
amount of the annual appropriation to the clean Ohio operating	2876
fund.	2877

Sec. 3746.13.  (A) For property that does not involve the	2878
issuance of a consolidated standards permit under section 3746.15	2879
of the Revised Code and where no engineering or institutional	2880
controls are used to comply with applicable standards, the	2881
director of environmental protection shall issue a covenant not to	2882
sue pursuant to section 3746.12 of the Revised Code by issuance of	2883
an order as a final action under Chapter 3745. of the Revised Code	2884
within thirty days after the director receives the no further	2885
action letter for the property and accompanying verification from	2886
the certified professional who prepared the letter under section	2887
3746.11 of the Revised Code.	2888

(B) For property that involves the issuance of a	2889
consolidated standards permit under section 3746.15 of the Revised	2890
Code or where engineering or institutional controls are used to	2891
comply with applicable standards, the director shall issue a	2892
covenant not to sue by issuance of an order as a final action	2893
under Chapter 3745. of the Revised Code within ninety days after	2894
the director receives the no further action letter for the	2895
property and accompanying verification from the certified	2896
professional who prepared the letter.	2897

(C) EachExcept as provided in division (D) of this section,	2898
each person who is issued a covenant not to sue under this section	2899
shall pay the fee established pursuant to rules adopted under	2900
division (B)(8) of section 3746.04 of the Revised Code. Until	2901
those rules become effective, each person who is issued a covenant	2902
not to sue shall pay a fee of two thousand dollars. The fee shall	2903
be paid to the director at the time that the no further action	2904
letter and accompanying verification are submitted to himthe	2905
director.	2906

(D) An applicant, as defined in section 122.65 of the Revised	2907
Code, who has entered into an agreement under section 122.653 of	2908
the Revised Code and who is issued a covenant not to sue under	2909
this section shall not be required to pay the fee established in	2910
rules adopted under division (B)(8) of section 3746.04 of the	2911
Revised Code.	2912

Sec. 5301.67.  As used in sections 5301.67 to 5301.70 of the	2913
Revised Code:	2914

(A) "Conservation easement" means an incorporeal right or	2915
interest in land that is held for the public purpose of retaining	2916
land, water, or wetland areas predominantly in their natural,	2917
scenic, open, or wooded condition, including, without limitation,	2918
the use of land in agriculture when consistent with and in	2919
furtherance of the purpose of retaining those areas in such a	2920
condition, or retaining their use predominantly as suitable	2921
habitat for fish, plants, or wildlife; that imposes any	2922
limitations on the use or development of the areas that are	2923
appropriate at the time of creation of the conservation easement	2924
to achieve one or more of those purposes; and that includes	2925
appropriate provisions for the holder to enter the property	2926
subject to the easement at reasonable times to ensure compliance	2927
with its provisions.	2928

(B) "Agriculture" means those activities occurring on land	2929
devoted exclusively to agricultural use, as defined in section	2930
5713.30 of the Revised Code, or on land that constitutes a	2931
homestead.	2932

(C) "Agricultural easement" means an incorporeal right or	2933
interest in land that is held for the public purpose of retaining	2934
the use of land predominantly in agriculture; that imposes any	2935
limitations on the use or development of the land that are	2936
appropriate at the time of creation of the easement to achieve	2937
that purpose; that is in the form of articles of dedication,	2938
easement, covenant, restriction, or condition; and that includes	2939
appropriate provisions for the holder to enter the property	2940
subject to the easement at reasonable times to ensure compliance	2941
with its provisions.	2942

(D) "Homestead" means the portion of a farm on which is	2943
located a dwelling house, yard, or outbuildings such as a barn or	2944
garage.	2945

Sec. 5301.68.  An owner of land may grant a conservation	2946
easement to the department of natural resources, a park district	2947
created under Chapter 1545. of the Revised Code, a township park	2948
district created under section 511.18 of the Revised Code, a	2949
conservancy district created under Chapter 6101. of the Revised	2950
Code, a soil and water conservation district created under Chapter	2951
1515. of the Revised Code, a county, a township, a municipal	2952
corporation, or a charitable organization that is authorized to	2953
hold conservation easements by division (B) of section 5301.69 of	2954
the Revised Code, in the form of articles of dedication, easement,	2955
covenant, restriction, or condition. An owner of land also may	2956
grant an agricultural easement to the director of agriculture; to	2957
a municipal corporation, county, or township; or to a charitable	2958
organization described in division (B) of section 5301.69 of the	2959
Revised Code. An owner of land may grant an agricultural easement	2960
only on land that is valued for purposes of real property taxation	2961
at its current value for agricultural use under section 5713.31 of	2962
the Revised Code or that constitutes a homestead when the easement	2963
is granted.	2964

All conservation easements and agricultural easements shall	2965
be executed and recorded in the same manner as other instruments	2966
conveying interests in land.	2967

Sec. 5301.69.  (A) The director of natural resources, the	2968
board of park commissioners of a park district created under	2969
Chapter 1545. of the Revised Code, the board of park commissioners	2970
of a township park district created under section 511.18 of the	2971
Revised Code, the board of directors of a conservancy district	2972
created under Chapter 6101. of the Revised Code, the board of	2973
supervisors of a soil and water conservation district created	2974
under Chapter 1515. of the Revised Code, the board of county	2975
commissioners of a county, the board of township trustees of a	2976
township, or the legislative authority of a municipal corporation	2977
may acquire conservation easements in the name of the state, the	2978
district, or the county, township, or municipal corporation in the	2979
same manner as other interests in land may be acquired under	2980
section 307.02, 307.18, 505.10, 505.261, 511.23, 717.01, 1501.01,	2981
1515.08, 1545.11, or 6101.15 of the Revised Code. Each officer,	2982
board, or authority acquiring a conservation easement shall name	2983
an appropriate administrative officer, department, or division to	2984
supervise and enforce the easement.	2985

(B) A charitable organization may acquire and hold	2986
conservation easements if it is exempt from federal taxation under	2987
subsection 501(a) and is described in subsection 501(c) of the	2988
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as	2989
amended, and organized for any of the following purposes: the	2990
preservation of land areas for public outdoor recreation or	2991
education, or scenic enjoyment; the preservation of historically	2992
important land areas or structures; or the protection of natural	2993
environmental systems. Such a charitable organization also may	2994
acquire and hold agricultural easements subject to the limitation	2995
that it may do so only on land that is valued for purposes of real	2996
property taxation at its current value for agricultural use under	2997
section 5713.31 of the Revised Code or that constitutes a	2998
homestead when the easement is granted.	2999

Sec. 5301.691.  (A)(1) Subject to divisions (A)(2) and (E)	3000
of this section, the director of agriculture, with moneys credited	3001
to the agricultural easement purchase fund created in section	3002
901.21 of the Revised Code, may purchase agricultural easements in	3003
the name of the state.	3004

(2) Not less than thirty days prior to the acquisition of an	3005
agricultural easement under division (A)(1) of this section or the	3006
extinguishment of such an easement purchased under that division,	3007
the director shall provide written notice of the intention to do	3008
so to the board of county commissioners of the county in which the	3009
land that is or is proposed to be subject to the easement or	3010
extinguishment is located, and either to the legislative authority	3011
of the municipal corporation in which the land is located, if it	3012
is located in an incorporated area, or to the board of township	3013
trustees of the township in which the land is located, if it is	3014
located in an unincorporated area. If, within thirty days after	3015
the director provides the notice, the board of county	3016
commissioners, legislative authority, or board of township	3017
trustees requests an informational meeting with the director	3018
regarding the proposed acquisition or extinguishment, the director	3019
shall meet with the legislative authority or board to respond to	3020
the board's or authority's questions and concerns. If a meeting	3021
is timely requested under division (A)(2) of this section, the	3022
director shall not undertake the proposed acquisition or	3023
extinguishment until after the meeting has been concluded.	3024

The director, upon the director's own initiative and prior to	3025
the purchase of an agricultural easement under division (A)(1) of	3026
this section or the extinguishment of such an easement, may hold	3027
an informational meeting with the board of county commissioners	3028
and the legislative authority of the municipal corporation or	3029
board of township trustees in which land that would be affected by	3030
the proposed acquisition or extinguishment is located, to respond	3031
to any questions and concerns of the board or authority regarding	3032
the proposed acquisition or extinguishment.	3033

(B)(1) Subject to division (E) of this section, the	3034
legislative authority of a municipal corporation, board of county	3035
commissioners of a county, or board of trustees of a township,	3036
with moneys in the political subdivision's general fund not	3037
required by law or charter to be used for other specified purposes	3038
or with moneys in a special fund of the political subdivision to	3039
be used for the purchase of agricultural easements, may purchase	3040
agricultural easements in the name of the municipal corporation,	3041
county, or township.	3042

(2) Subject to division (E) of this section, the legislative	3043
authority of a municipal corporation, board of county	3044
commissioners of a county, or board of township trustees of a	3045
township may acquire agricultural easements by gift, devise, or	3046
bequest. Any terms may be included in an agricultural easement so	3047
acquired that are necessary or appropriate to preserve on behalf	3048
of the grantor of the easement the favorable tax consequences of	3049
the gift, devise, or bequest under the "Internal Revenue Act of	3050
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	3051

(C)(1) The term of an agricultural easement purchased wholly	3052
or in part with money from the agricultural easement purchase fund	3053
shall be perpetual and shall run with the land.	3054

(2) The term of an agricultural easement purchased by such a	3055
legislative authority or board without the use of any money from	3056
the agricultural easement purchase fund may be perpetual or for a	3057
specified period. The agricultural easement shall run with the	3058
land. The instrument conveying an agricultural easement for a	3059
specified period shall include provisions specifying, at a	3060
minimum, all of the following:	3061

(a) The consideration to be paid for the easement and manner	3062
of payment;	3063

(b) Whether the easement is renewable and, if so, procedures	3064
for its renewal;	3065

(c) The circumstances under which the easement may be	3066
extinguished;	3067

(d) The method for determining the amount of money, if any,	3068
due the holder of the easement upon extinguishment and for payment	3069
of that amount to the holder.	3070

(D)(1) The director and each legislative authority of a	3071
municipal corporation, board of county commissioners, or board of	3072
township trustees, upon acquiring an agricultural easement by	3073
purchase, gift, devise, or bequest under this section or section	3074
901.21 of the Revised Code, shall name an appropriate	3075
administrative officer, department, or division to supervise and	3076
enforce the easement. A legislative authority or board may enter	3077
into a contract with the board of park commissioners of a park	3078
district established under Chapter 1545. of the Revised Code, the	3079
board of park commissioners of a township park district	3080
established under section 511.18 of the Revised Code, or the board	3081
of supervisors of a soil and water conservation district	3082
established under Chapter 1515. of the Revised Code having	3083
territorial jurisdiction within the municipal corporation, county,	3084
or township, or with a charitable organization described in	3085
division (B) of section 5301.69 of the Revised Code, to supervise	3086
on behalf of the legislative authority or board an agricultural	3087
easement so acquired. The contract may be entered into on such	3088
terms as are agreeable to the parties and shall specify or	3089
prescribe a method for determining the amounts of any payments to	3090
be made by the legislative authority or board of county	3091
commissioners or township trustees for the performance of the	3092
contract.	3093

(2) With respect to an agricultural easement purchased with	3094
a matching grant that is made under division (D) of section 901.22	3095
of the Revised Code and that consists in whole or in part of	3096
moneys from the clean Ohio agricultural easement fund created in	3097
section 901.21 of the Revised Code, the recipient of the matching	3098
grant shall make an annual monitoring visit to the land that is	3099
the subject of the easement. The purpose of the visit is to	3100
ensure that no development that is prohibited by the terms of the	3101
easement has occurred or is occurring. In accordance with rules	3102
adopted under division (A)(1)(d) of section 901.22 of the Revised	3103
Code, the grant recipient shall prepare a written annual	3104
monitoring report and submit it to the office of farmland	3105
preservation in the department of agriculture. If necessary to	3106
enforce the terms of the easement, the grant recipient shall take	3107
corrective action in accordance with those rules.	3108

(E) The director; a municipal corporation, county, or	3109
township; or a charitable organization described in division (B)	3110
of section 5301.69 of the Revised Code, may acquire agricultural	3111
easements by purchase, gift, devise, or bequest only on land that	3112
is valued for purposes of real property taxation at its current	3113
value for agricultural use under section 5713.31 of the Revised	3114
Code or that constitutes a homestead when the easement is granted.	3115

(F) An agricultural easement acquired by the director under	3116
division (A) of this section may be extinguished if an unexpected	3117
change in the conditions of or surrounding the land that is	3118
subject to the easement makes impossible or impractical the	3119
continued use of the land for the purposes described in the	3120
agricultural easement, or if the requirements of the easement are	3121
extinguished by judicial proceedings. Upon the sale, exchange, or	3122
involuntary conversion of the land subject to the easement, the	3123
director shall be paid an amount of money that is at least equal	3124
to the proportionate value of the easement compared to the total	3125
value of the land at the time the easement was acquired. Moneys	3126
so received shall be credited to the agricultural easement	3127
purchase fund created in section 901.21 of the Revised Code.	3128

An agricultural easement acquired by a municipal corporation,	3129
county, or township under division (B) of this section may be	3130
extinguished under the circumstances prescribed, and in accordance	3131
with the terms and conditions set forth, in the instrument	3132
conveying the agricultural easement. An agricultural easement	3133
acquired by a charitable organization described in division (B) of	3134
section 5301.69 of the Revised Code may be extinguished under the	3135
circumstances prescribed, and in accordance with the terms and	3136
conditions set forth, in the instrument conveying the agricultural	3137
easement.	3138

Any instrument extinguishing an agricultural easement shall	3139
be executed and recorded in the same manner as other instruments	3140
conveying or terminating interests in real property.	3141

(G) Promptly after the recording and indexing of an	3142
instrument conveying an agricultural easement to any person or to	3143
a municipal corporation, county, or township or of an instrument	3144
extinguishing an agricultural easement held by any person or such	3145
a political subdivision, the county recorder shall mail, by	3146
regular mail, a photocopy of the instrument to the office of	3147
farmland preservation in the department of agriculture. The	3148
photocopy shall be accompanied by an invoice for the applicable	3149
fee established in section 317.32 of the Revised Code. Promptly	3150
after receiving the photocopy and invoice, the office of farmland	3151
preservation shall remit the fee to the county recorder.	3152

(H) The director, the legislative authority of a municipal	3153
corporation, a board of county commissioners, or a board of	3154
township trustees may receive and expend grants from any public or	3155
private source for the purpose of purchasing agricultural	3156
easements and supervising and enforcing them.	3157

Section 2. That existing sections 126.11, 151.01, 164.02,	3158
317.08, 901.21, 901.22, 3746.13, 5301.67, 5301.68, 5301.69, and	3159
5301.691 of the Revised Code are hereby repealed.	3160

Section 3. The Ohio Public Facilities Commission, upon	3161
request by the Ohio Public Works Commission, is hereby authorized	3162
to issue and sell, in accordance with Section 2o of Article VIII,	3163
Ohio Constitution, and sections 151.01 and 151.09 of the Revised	3164
Code, original obligations of the State of Ohio, in an aggregate	3165
principal amount not to exceed $50,000,000. These authorized	3166
obligations shall be issued and sold from time to time and in	3167
amounts necessary to ensure sufficient moneys to the credit of the	3168
Clean Ohio Conservation Fund (Fund 056) to pay costs charged to	3169
that fund, as estimated by the Director of Budget and Management.	3170

Section 4. All items in this section are hereby appropriated	3171
as designated out of any moneys in the state treasury to the	3172
credit of the Clean Ohio Conservation Fund (Fund 056). The	3173
appropriations made in this act are in addition to any other	3174
capital appropriations made for the 2000-2002 biennium.	3175

PWC PUBLIC WORKS COMMISSION

3176

Clean Ohio Conservation Fund

3177

CLEAN OHIO CONSERVATION

3181

The foregoing appropriation item CAP-152, Clean Ohio	3182
Conservation, shall be used in accordance with sections 164.20 to	3183
164.27 of the Revised Code. The Director of the Public Works	3184
Commission may certify to the Director of Budget and Management	3185
that a need exists to appropriate investment earnings to be used	3186
in accordance with sections 164.20 to 164.27 of the Revised Code.	3187
If the Director of Budget and Management determines pursuant to	3188
sections 164.12 and 164.27 of the Revised Code that investment	3189
earnings are available to support additional appropriations, such	3190
amounts are hereby appropriated.	3191

Within the limits set forth in this act, the Director of	3192
Budget and Management shall establish accounts indicating source	3193
and amount of funds for each appropriation made in this act, and	3194
shall determine the form and manner in which appropriation	3195
accounts shall be maintained. Expenditures from appropriations	3196
contained in this act shall be accounted for as though made in Am.	3197
Sub. H.B. 640 of the 123rd General Assembly.	3198

The appropriations made in this act are subject to all	3199
provisions of Am. Sub. H.B. 640 of the 123rd General Assembly that	3200
are general applicable to such appropriations.	3201

Section 5. All items in this section are hereby appropriated	3202
as designated out of any moneys in the state treasury to the	3203
credit of the Clean Ohio Conservation Fund (Fund 056). For all	3204
appropriations made in this act, those in the first column are for	3205
fiscal year 2002 and those in the second column are for fiscal	3206
year 2003. The appropriations made in this act are in addition to	3207
any other appropriations made for the 2001-2003 biennium.	3208

PWC PUBLIC WORKS COMMISSION

3209

Clean Ohio Conservation Fund

3210

OPERATING EXPENSES

3214

The foregoing appropriation item 150-403, Operating Expenses,	3215
shall be used by the Ohio Public Works Commission in administering	3216
sections 164.20 to 164.27 of the Revised Code.	3217

Within the limits set forth in this act, the Director of	3218
Budget and Management shall establish accounts indicating source	3219
and amount of funds for each appropriation made in this act, and	3220
shall determine the form and manner in which appropriation	3221
accounts shall be maintained. Expenditures from appropriations	3222
contained in this act shall be accounted for as though made in Am.	3223
Sub. H.B. 94 of the 124th General Assembly.	3224

The appropriations made in this act are subject to all	3225
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that	3226
are generally applicable to such appropriations.	3227

Section 6. All items in this section are hereby appropriated	3228
as designated out of any moneys in the state treasury to the	3229
credit of the Clean Ohio Trail Fund (Fund 058). The appropriations	3230
made in this act are in addition to any other capital	3231
appropriations made for the 2000-2002 biennium.	3232

DNR DEPARTMENT OF NATURAL RESOURCES

3233

Clean Ohio Trail Fund

3234

CLEAN OHIO TRAIL

3238

The foregoing appropriation item CAP-014, Clean Ohio Trail,	3239
shall be used in accordance with section 1519.05 of the Revised	3240
Code. The Director of the Department of Natural Resources may	3241
certify to the Director of Budget and Management that a need	3242
exists to appropriate investment earnings to be used in accordance	3243
with section 1519.05 of the Revised Code. If the Director of	3244
Budget and Management determines pursuant to section 1519.05 of	3245
the Revised Code that investment earnings are available to support	3246
additional appropriations, such amounts are hereby appropriated.	3247

Within the limits set forth in this act, the Director of	3248
Budget and Management shall establish accounts indicating source	3249
and amount of funds for each appropriation made in this act, and	3250
shall determine the form and manner in which appropriation	3251
accounts shall be maintained. Expenditures from appropriations	3252
contained in this act shall be accounted for as though made in Am.	3253
Sub. H.B. 640 of the 123rd General Assembly.	3254

The appropriations made in this act are subject to all	3255
provisions of Am. Sub. H.B. 640 of the 123rd General Assembly that	3256
are generally applicable to such appropriations.	3257

Section 7. All items in this section are hereby appropriated	3258
as designated out of any moneys in the state treasury to the	3259
credit of the Clean Ohio Trail Fund (Fund 058). For all	3260
appropriations made in this act, those in the first column are for	3261
fiscal year 2002 and those in the second column are for fiscal	3262
year 2003. The appropriations made in this act are in addition to	3263
any other appropriations made for the 2001-2003 biennium.	3264

DNR DEPARTMENT OF NATURAL RESOURCES

3265

Clean Ohio Trail Fund

3266

CLEAN OHIO - OPERATING

3270

The foregoing appropriations item 725-405, Clean Ohio -	3271
Operating, shall be used by the Ohio Department of Natural	3272
Resources in administering section 1519.05 of the Revised Code.	3273

Within the limits set forth in this act, the Director of	3274
Budget and Management shall establish accounts indicating source	3275
and amount of funds for each appropriation made in this act, and	3276
shall determine the form and manner in which appropriation	3277
accounts shall be maintained. Expenditures from appropriations	3278
contained in this act shall be accounted for as though made in Am.	3279
Sub. H.B. 94 of the 124th General Assembly.	3280

The appropriations made in this act are subject to all	3281
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that	3282
are generally applicable to such appropriations.	3283

Section 8. All items set forth in this section are hereby	3284
appropriated out of moneys in the state treasury to the credit of	3285
the Clean Ohio Agricultural Easement Fund (Fund 057). The	3286
appropriations made in this act are in addition to any other	3287
capital appropriations made for the 2000-2002 biennium.	3288

AGR DEPARTMENT OF AGRICULTURE

3289

Clean Ohio Agricultural Easement Fund

3290

AGRICULTURAL EASEMENT PURCHASE

3294

The foregoing appropriation item CAP-047, Clean Ohio	3295
Agricultural Easement Fund, shall be used in accordance with	3296
sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised	3297
Code. The Director of the Department of Agriculture may certify to	3298
the Director of Budget and Management that a need exists to	3299
appropriate investment earnings to be used in accordance with	3300
those sections. If the Director of Budget and Management	3301
determines pursuant to those sections that investment earnings are	3302
available to support additional appropriations, such amounts are	3303
hereby appropriated.	3304

Within the limits set forth in this act, the Director of	3305
Budget and Management shall establish accounts indicating source	3306
and amount of funds for each appropriation made in this act, and	3307
shall determine the form and manner in which appropriation	3308
accounts shall be maintained. Expenditures from appropriations	3309
contained in this act shall be accounted for as though made in Am.	3310
Sub. H.B. 640 of the 123rd General Assembly.	3311

The appropriations made in this act are subject to all	3312
provisions of Am. Sub. H.B. 640 of the 123rd General Assembly that	3313
are generally applicable to such appropriations.	3314

Section 9. All items in this section are hereby appropriated	3315
as designated out of any moneys in the state treasury to the	3316
credit of the Clean Ohio Agricultural Easement Fund (Fund 057).	3317
For all appropriations made in this act, those in the first column	3318
are for fiscal year 2002 and those in the second column are for	3319
fiscal year 2003. The appropriations made in this act are in	3320
addition to any other appropriations made for the 2001-2003	3321
biennium.	3322

AGR DEPARTMENT OF AGRICULTURE

3323

Clean Ohio Agricultural Easement Fund

3324

FARMLAND PRESERVATION - OPERATING

3328

The foregoing appropriation item 700-632, Farmland	3329
Preservation - Operating, shall be used by the Ohio Department of	3330
Agriculture in administering sections 901.21, 901.22, and 5301.67	3331
to 5301.70 of the Revised Code.	3332

Within the limits set forth in this act, the Director of	3333
Budget and Management shall establish accounts indicating source	3334
and amount of funds for each appropriation made in this act, and	3335
shall determine the form and manner in which appropriation	3336
accounts shall be maintained. Expenditures from appropriations	3337
contained in this act shall be accounted for as though made in Am.	3338
Sub. H.B. 94 of the 124th General Assembly.	3339

The appropriations made in this act are subject to all	3340
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that	3341
are generally applicable to such appropriations.	3342

Section 10. That Sections 17, 41, 41.07, 50, 50.01, 78,	3343
78.01, 92, and 106 of Am. Sub. H.B. 94 of the 124th General	3344
Assembly be amended to read as follows:	3345

"       Sec. 17.  AGR DEPARTMENT OF AGRICULTURE

3346

General Revenue Fund

3347

Federal Special Revenue Fund Group

3370

State Special Revenue Fund Group

3378

ANIMAL DISEASE CONTROL

3403

The funds in appropriation item 700-401, Animal Disease	3404
Control, may be used for the detection, prevention, and emergency	3405
management of, and the education of the public regarding, Foot and	3406
Mouth disease, Mad Cow disease, and West Nile virus.	3407

REIMBURSEMENT TO THE GENERAL REVENUE FUND

3408

(A) On or before June 30, 2003, the Director of	3409
Budget and Management shall determine the following:	3410

(1) The total amount disbursed from the foregoing	3411
appropriation item, 700-409, Farmland Preservation, in the	3412
2002-2003 biennium; and	3413

(2) The amount of interest earnings that have been	3414
credited to the Clean Ohio Conservation Fund (Fund 056) that are	3415
in excess of what is needed for other purposes.	3416

(B) If the Director determines under division (A)(2) of	3417
this section that there are excess interest earnings, the Director	3418
shall, on or before June 30, 2003, transfer them in an amount not	3419
to exceed $60,000 less than the amount of disbursements determined	3420
under division (A)(1) of this section from the Clean Ohio	3421
Conservation Fund to the General Revenue Fund.	3422

THE AUCTION FUND

3423

On October 1, 2001, the Auction Education Fund (Fund 4D2) and	3424
the Auction Licensing Fund (Fund 5B8) shall be transferred from	3425
the Department of Commerce to the Department of Agriculture. At	3426
the request of the Director of Commerce, the Director of Budget	3427
and Management may cancel encumbrances in these funds from the	3428
Department of Commerce's appropriation item 800-605, Auctioneer	3429
Education, and appropriation item 800-628, Auctioneers, and	3430
reestablish such encumbrances or parts of encumbrances in fiscal	3431
year 2002 for the same purpose and to the same vendor in the	3432
Department of Agriculture's appropriation item 700-609, Auction	3433
Education, and appropriation item 700-628, Auctioneers. The	3434
Director of Budget and Management shall reduce the appropriation	3435
balances in fiscal year 2001 by the amount of the encumbrances	3436
canceled in the funds. As determined by the Director of Budget	3437
and Management, the appropriation authority necessary to	3438
reestablish such encumbrances or parts of encumbrances in fiscal	3439
year 2002 for the Department of Agriculture is hereby	3440
appropriated.	3441

THE DAIRY INDUSTRY FUND

3442

On July 1, 2001, or as soon thereafter as possible, the	3443
Director of Budget and Management shall transfer the cash balance	3444
in the License Fees (Fund 4V0) to the Dairy Inspection Fund (Fund	3445
4R2). The director shall cancel any existing encumbrances against	3446
appropriation item 700-602, License Fees (Fund 4V0), and	3447
reestablish them against appropriation item 700-637, Dairy	3448
Inspection (Fund 4R2). The amounts of the reestablished	3449
encumbrances are appropriated.	3450

Sec. 41. DEV DEPARTMENT OF DEVELOPMENT

3451

General Revenue Fund

3452

General Services Fund Group

3487

Federal Special Revenue Fund Group

3493

State Special Revenue Fund Group

3508

Facilities Establishment Fund

3525

Coal Research/Development Fund

3533

Sec. 41.07. COMMUNITYCLEAN OHIO IMPLEMENTATION

3540

The foregoing appropriation item 195-426, Clean Ohio	3541
Implementation, shall be used to begin implementation of Section	3542
2o, Article VIII, Ohio Constitution.	3543

COMMUNITY DEVELOPMENT CORPORATIONS

3544

Of the foregoing appropriation item 195-431, Community	3545
Development Corporation Grants, a portion of funds in each fiscal	3546
year of the biennium shall be used to make grants to the Ohio	3547
Community Development Finance Fund, a nonprofit corporation, in	3548
order to leverage private-sector funds to assist nonprofit	3549
development organizations to create affordable housing and	3550
permanent jobs in distressed areas of the state. The remaining	3551
moneys shall be used to provide funds to assist local community	3552
development corporations to develop affordable housing programs	3553
and economic development programs in their neighborhoods, and for	3554
operating costs.	3555

Of the foregoing appropriation item 195-431, Community	3556
Development Corporation Grants, not less than $100,000 in each	3557
fiscal year shall be used to provide training, technical	3558
assistance, and capacity building assistance to nonprofit	3559
development organizations in underserved areas of the state. For	3560
grants awarded in each fiscal year of the biennium, priority shall	3561
be given to proposals submitted by nonprofit development	3562
organizations from underserved areas of the state.	3563

Sec. 50.  EPA ENVIRONMENTAL PROTECTION AGENCY

3564

General Revenue Fund

3565

General Services Fund Group

3578

Federal Special Revenue Fund Group

3584

State Special Revenue Fund Group

3604

The foregoing appropriation item 715-674, Clean Ohio	3642
Environmental Review, shall be used to pay the costs incurred by	3643
the Director of Environmental Protection pursuant to sections	3644
122.65 to 122.658 of the Revised Code. These costs include,	3645
without limitation, the cost of technical assistance, the costs of	3646
participating with and supporting the Clean Ohio Council, and the	3647
costs of review of no further action letters and covenants not to	3648
sue for brownfield and public health projects.	3649

Sec. 50.01.  PUBLIC WATER SYSTEM SUPERVISION

3650

Of the foregoing appropriation item 721-321, Drinking Water,	3651
$225,000 shall be earmarked for the Northern Perry Water Phase	3652
III.	3653

CENTRAL SUPPORT INDIRECT

3654

Notwithstanding any other provision of law to the contrary,	3655
the Director of Environmental Protection, with the approval of the	3656
Director of Budget and Management, shall utilize a methodology for	3657
determining each division's payments into the Central Support	3658
Indirect Fund (Fund 219). The methodology used shall contain the	3659
characteristics of administrative ease and uniform application.	3660
Payments to the Central Support Indirect Fund (Fund 219) shall be	3661
made using an intrastate transfer voucher.	3662

Not later than November 30, 2001, the Director of	3663
Environmental Protection shall certify to the Director of Budget	3664
and Management the cash balances in Fund 356, Indirect Costs, and	3665
Fund 4C3, Central Support Indirect, and may request the Director	3666
of Budget and Management to transfer up to the certified amounts	3667
into Fund 219, Central Support Indirect. The amount transferred	3668
is hereby appropriated.	3669

SOLID WASTE FUND TRANSFER

3670

Not later than March 1, 2002, the Director of Environmental	3671
Protection shall certify to the Director of Budget and Management	3672
the amount expended from Fund 4K3, Solid Waste, during fiscal	3673
years 2000 and 2001 for emergency expenses incurred as a result of	3674
the fire at the Kirby Tire site. In fiscal years 2002 and 2003,	3675
the Director of Environmental Protection shall request the	3676
Director of Budget and Management to transfer up to one-half of	3677
the certified amount during fiscal year 2002 and the balance of	3678
the certified amount during fiscal year 2003 from Fund 4R5, Scrap	3679
Tire Management, to Fund 4K3, Solid Waste. The amounts	3680
transferred are hereby appropriated.	3681

Moneys transferred from Fund 4R5, Scrap Tire Management, to	3682
Fund 4K3, Solid Waste, shall not consist of any moneys generated	3683
under division (A)(2) of section 3734.901 of the Revised Code as	3684
amended by this act.	3685

Sec. 78.  DNR DEPARTMENT OF NATURAL RESOURCES

3686

General Revenue Fund

3687

General Services Fund Group

3711

Federal Special Revenue Fund Group

3731

State Special Revenue Fund Group

3747

Wildlife Fund Group

3771

Waterways Safety Fund Group

3779

Holding Account Redistribution Fund Group

3790

Accrued Leave Liability Fund Group

3795

The review and acceptance of amended articles of dedication	3801
under section 1517.05 of the Revised Code, as amended by this act,	3802
is an administrative function that is performed by the Department	3803
of Natural Resources. The amendments to that section clarify the	3804
manner in which such reviews are to be conducted. The reviews	3805
contemplated by section 1517.05 of the Revised Code, as amended by	3806
this act, shall be funded by the general appropriation to the	3807
Department of Natural Resources under this section.	3808

Sec. 78.01. NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

3809

The foregoing appropriation item 725-903, Natural Resources	3810
General Obligation Debt Service, shall be used to pay all debt	3811
service and financing costs at the times they are required to be	3812
made pursuant to sections 151.01 and 151.05 of the Revised Code	3813
during the period from July 1, 2001, to June 30, 2003. The Office	3814
of the Sinking Fund or the Director of Budget and Management shall	3815
effectuate the required payments by an intrastate transfer	3816
voucher.	3817

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

3818

The foregoing appropriation item 725-904, Conservation	3819
General Obligation Debt Service, shall be used to pay all debt	3820
service and financing costs during the period from July 1, 2001,	3821
to June 30, 2003, on obligations to be issued for conservation	3822
purposes under Section 2o of Article VIII, Ohio Constitution, and	3823
implementing legislation. The Office of the Sinking Fund or the	3824
Director of Budget and Management shall effectuate the required	3825
payments by an intrastate transfer voucher.	3826

LEASE RENTAL PAYMENTS

3827

The foregoing appropriation item 725-413, OPFC Lease Rental	3828
Payments, shall be used to meet all payments at the times they are	3829
required to be made during the period from July 1, 2001, to June	3830
30, 2003, by the Department of Natural Resources pursuant to	3831
leases and agreements made under section 154.22 of the Revised	3832
Code, but limited to the aggregate amount of $30,490,500. Nothing	3833
in this act shall be deemed to contravene the obligation of the	3834
state to pay, without necessity for further appropriation, from	3835
the sources pledged thereto, the bond service charges on	3836
obligations issued pursuant to section 154.22 of the Revised Code.	3837

FOUNTAIN SQUARE

3838

The foregoing appropriation item 725-404, Fountain Square	3839
Rental Payments - OBA, shall be used by the Department of Natural	3840
Resources to meet all payments required to be made to the Ohio	3841
Building Authority during the period from July 1, 2001, to June	3842
30, 2003, pursuant to leases and agreements with the Ohio Building	3843
Authority under section 152.241 of the Revised Code, but limited	3844
to the aggregate amount of $2,181,500.	3845

The Director of Natural Resources, using intrastate transfer	3846
vouchers, shall make payments to the General Revenue Fund from	3847
funds other than the General Revenue Fund to reimburse the General	3848
Revenue Fund for the other funds' shares of the lease rental	3849
payments to the Ohio Building Authority. The transfers from the	3850
non-General Revenue funds shall be made within 10 days of the	3851
payment to the Ohio Building Authority for the actual amounts	3852
necessary to fulfill the leases and agreements pursuant to section	3853
152.241 of the Revised Code.	3854

The foregoing appropriation item 725-664, Fountain Square	3855
Facilities Management (Fund 635), shall be used for payment of	3856
repairs, renovation, utilities, property management, and building	3857
maintenance expenses for the Fountain Square Complex. Cash	3858
transferred by intrastate transfer vouchers from various	3859
department funds and rental income received by the Department of	3860
Natural Resources shall be deposited to the Fountain Square	3861
Facilities Management Fund (Fund 635).	3862

Sec. 92. PWC PUBLIC WORKS COMMISSION

3863

General Revenue Fund

3864

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

3873

The foregoing appropriation item 150-904, Conservation	3874
General Obligation Debt Service, shall be used to pay all debt	3875
service and financing costs during the period from July 1, 2001,	3876
to June 30, 2003, on obligations to be issued for conservation	3877
purposes under Section 2o of Article VIII, Ohio Constitution, and	3878
implementing legislation. The Office of the Sinking Fund or the	3879
Director of Budget and Management shall effectuate the required	3880
payments by an intrastate transfer voucher.	3881

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

3882

The foregoing appropriation item 150-907, State Capital	3883
Improvements General Obligation Debt Service, shall be used to pay	3884
all debt service and financing costs at the times they are	3885
required to be made pursuant to sections 151.01, 151.08, and	3886
164.10 of the Revised Code during the period from July 1, 2001, to	3887
June 30, 2003. The Office of the Sinking Fund or the Director of	3888
Budget and Management shall effectuate the required payments by an	3889
intrastate transfer voucher.	3890

Sec. 106.  CSF COMMISSIONERS OF THE SINKING FUND

3891

Debt Service Fund Group

3892

ADDITIONAL APPROPRIATIONS

3905

Appropriation items in this section are for the purpose of	3906
paying debt service and financing costs on bonds or notes of the	3907
state issued pursuant to the Ohio Constitution and acts of the	3908
General Assembly. If it is determined that additional	3909
appropriations are necessary, such amounts are appropriated."	3910

Section 11. That existing Sections 17, 41, 41.07, 50, 50.01,	3911
78, 78.01, 92, and 106 of Am. Sub. H.B. 94 of the 124th General	3912
Assembly are hereby repealed.	3913

Section 12. The Treasurer of State, upon request of the	3914
Director of the Ohio Department of Development, is hereby	3915
authorized to issue and sell, in accordance with Section 2o of	3916
Article VIII, Ohio Constitution, and pursuant to sections 151.01	3917
and 151.40 of the Revised Code, original obligations of the State	3918
of Ohio, in an aggregate principal amount not to exceed	3919
$50,000,000. These authorized obligations shall be issued and sold	3920
from time to time and in amounts necessary to ensure sufficient	3921
moneys to the credit of the Clean Ohio Revitalization Fund (Fund	3922
003) to pay costs charged to that fund, as estimated by the	3923
Director of Budget and Management.	3924

Section 13. All items set forth in this section are hereby	3925
appropriated out of any moneys in the state treasury to the credit	3926
of the Clean Ohio Revitalization Fund (Fund 003). The	3927
appropriations made in this act are in addition to any other	3928
capital appropriations made for the 2000-2002 biennium.	3929

DEV DEPARTMENT OF DEVELOPMENT

3930

Clean Ohio Revitalization Fund

3931

CLEAN OHIO REVITALIZATION

3935

The foregoing appropriation item CAP-001, Clean Ohio	3936
Revitalization, shall be used in accordance with sections 122.65	3937
to 122.658 of the Revised Code. The Director of the Department of	3938
Development may certify to the Director of Budget and Management	3939
that a need exists to appropriate investment earnings to be used	3940
in accordance with sections 122.65 to 122.658 of the Revised Code.	3941
If the Director of Budget and Management determines pursuant to	3942
section 122.658 of the Revised Code that investment earnings are	3943
available to support additional appropriations, such amounts are	3944
hereby appropriated.	3945

Within the limits set forth in this act, the Director of	3946
Budget and Management shall establish accounts indicating source	3947
and amount of funds for each appropriation made in this act, and	3948
shall determine the form and manner in which appropriation	3949
accounts shall be maintained. Expenditures from appropriations	3950
contained in this act shall be accounted for as though made in Am.	3951
Sub. H.B. 640 of the 123rd General Assembly.	3952

The appropriations made in this act are subject to all	3953
provisions of Am. Sub. H.B. 640 of the 123rd General Assembly that	3954
are generally applicable to such appropriations.	3955

Section 14. All items set forth in this section are hereby	3956
appropriated out of any moneys in the state treasury to the credit	3957
of the Clean Ohio Revitalization Fund (Fund 003). The	3958
appropriations made in this act are in addition to any other	3959
capital appropriations made for the 2000-2002 biennium.	3960

DEV DEPARTMENT OF DEVELOPMENT

3961

Clean Ohio Revitalization Fund

3962

CLEAN OHIO ASSISTANCE

3966

The foregoing appropriation item CAP-002, Clean Ohio	3967
Assistance, shall be used in accordance with sections 122.65 to	3968
122.658 of the Revised Code. The Director of the Department of	3969
Development may certify to the Director of Budget and Management	3970
that a need exists to appropriate investment earnings to be used	3971
in accordance with sections 122.65 to 122.658 of the Revised Code.	3972
If the Director of Budget and Management determines pursuant to	3973
section 122.656 of the Revised Code that investment earnings are	3974
available to support additional appropriations, such amounts are	3975
hereby appropriated.	3976

Within the limits set forth in this act, the Director of	3977
Budget and Management shall establish accounts indicating source	3978
and amount of funds for each appropriation made in this act, and	3979
shall determine the form and manner in which appropriation	3980
accounts shall be maintained. Expenditures from appropriations	3981
contained in this act shall be accounted for as though made in Am.	3982
Sub. H.B. 640 of the 123rd General Assembly.	3983

The appropriations made in this act are subject to all	3984
provisions of Am. Sub. H.B. 640 of the 123rd General Assembly that	3985
are generally applicable to such appropriations.	3986

Section 15. All items in this section are hereby appropriated	3987
as designated out of any moneys in the state treasury to the	3988
credit of the Clean Ohio Revitalization Fund (Fund 003). For all	3989
appropriations made in this act, those in the first column are for	3990
fiscal year 2002 and those in the second column are for fiscal	3991
year 2003. The appropriations made in this act are in addition to	3992
any other appropriations made for the 2001-2003 biennium.	3993

DEV DEPARTMENT OF DEVELOPMENT

3994

Clean Ohio Revitalization Fund

3995

CLEAN OHIO - OPERATING

3999

The foregoing appropriation item 195-663, Clean Ohio -	4000
Operating, shall be used by the Ohio Department of Development in	4001
administering sections 122.65 to 122.658 of the Revised Code.	4002

Within the limits set forth in this act, the Director of	4003
Budget and Management shall establish accounts indicating source	4004
and amount of funds for each appropriation made in this act, and	4005
shall determine the form and manner in which appropriation	4006
accounts shall be maintained. Expenditures from appropriations	4007
contained in this act shall be accounted for as though made in Am.	4008
Sub. H.B. 94 of the 124th General Assembly.	4009

The appropriations made in this act are subject to all	4010
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that	4011
are generally applicable to such appropriations.	4012

Section 16. The codified and uncodified sections of law	4013
contained in this act, and the items of law of which the codified	4014
and uncodified sections of law contained in this act are composed,	4015
are not subject to the referendum. Therefore, under Ohio	4016
Constitution, Article II, Section 1d and section 1.471 of the	4017
Revised Code, the codified and uncodified sections of law	4018
contained in this act, and the items of law of which the codified	4019
and uncodified sections of law contained in this act are composed,	4020
go into immediate effect when this act becomes law.	4021