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To amend sections 126.11, 151.01, 164.02, 317.08, | 1 |
901.21, 901.22, 5301.67, 5301.68, 5301.69, and | 2 |
5301.691 and to enact sections 122.65, 122.651, | 3 |
122.652, 122.653, 122.654, 122.655, 122.656, | 4 |
122.657, 122.658, 122.659, 151.09, 151.40, and | 5 |
164.20 to 164.28 of the Revised Code to provide | 6 |
for the implementation of programs to finance | 7 |
brownfields revitalization projects, natural | 8 |
resource projects, and farmland preservation | 9 |
projects through the issuance of obligations of | 10 |
the state. | 11 |
Section 1. That sections 126.11, 151.01, 164.02, 317.08, | 12 |
901.21, 901.22, 5301.67, 5301.68, 5301.69, and 5301.691 be amended | 13 |
and sections 122.65, 122.651, 122.652, 122.653, 122.654, 122.655, | 14 |
122.656, 122.657, 122.658, 122.659, 151.09, 151.40, 164.20, | 15 |
164.21, 164.22, 164.23, 164.24, 164.25, 164.26, 164.27, and 164.28 | 16 |
of the Revised Code be enacted to read as follows: | 17 |
Sec. 122.65. As used in sections 122.65 to 122.659 of the | 18 |
Revised Code: | 19 |
(A) "Applicant" means a county, township, municipal | 20 |
corporation, port authority, or conservancy district or a park | 21 |
district, other similar park authority, nonprofit organization, or | 22 |
organization for profit that has entered into an agreement with a | 23 |
county, township, municipal corporation, port authority, or | 24 |
conservancy district to work in conjunction with that county, | 25 |
township, municipal corporation, port authority, or conservancy | 26 |
district for the purposes of sections 122.65 to 122.658 of the | 27 |
Revised Code. | 28 |
(B) "Assessment" means a phase I and phase II property | 29 |
assessment conducted in accordance with section 3746.04 of the | 30 |
Revised Code and rules adopted under that section. | 31 |
(C) "Brownfield" means an abandoned, idled, or under-used | 32 |
industrial or commercial property where expansion or redevelopment | 33 |
is complicated by known or potential contamination by hazardous | 34 |
substances or petroleum. | 35 |
(D) "Certified professional," "hazardous substances," and | 36 |
"petroleum" have the same meanings as in section 3746.01 of the | 37 |
Revised Code. | 38 |
(E) "Cleanup or remediation" means any action to contain, | 39 |
remove, or dispose of hazardous substances or petroleum at a | 40 |
brownfield. "Cleanup or remediation" includes the acquisition of | 41 |
a brownfield, demolition performed at a brownfield, and the | 42 |
installation or upgrade of the minimum amount of infrastructure | 43 |
that is necessary to make a brownfield operational for economic | 44 |
development activity. | 45 |
(F) "Cleanup standards" means the cleanup standards that are | 46 |
established in rules adopted under section 3746.04 of the Revised | 47 |
Code. | 48 |
(G) "Distressed area" means either a municipal corporation | 49 |
with a population of at least fifty thousand or a county that | 50 |
meets any two of the following criteria: | 51 |
(1) Its average rate of unemployment, during the most recent | 52 |
five-year period for which data are available, is equal to at | 53 |
least one hundred twenty-five per cent of the average rate of | 54 |
unemployment for the United States for the same period. | 55 |
(2) It has a per capita income equal to or below eighty per | 56 |
cent of the median county per capita income of the United States | 57 |
as determined by the most recently available figures from the | 58 |
United States census bureau. | 59 |
(3)(a) In the case of a municipal corporation, at least | 60 |
twenty per cent of the residents have a total income for the most | 61 |
recent census year that is below the official poverty line. | 62 |
(b) In the case of a county, in intercensal years, the county | 63 |
has a ratio of transfer payment income to total county income | 64 |
equal to or greater than twenty-five per cent. | 65 |
"Distressed area" includes a municipal corporation the | 66 |
majority of the population of which is situated in a county that | 67 |
is a distressed area. | 68 |
(H) "Eligible area" means a distressed area, an inner city | 69 |
area, a labor surplus area, or a situational distress area. | 70 |
(I) "Inner city area" means an area in a municipal | 71 |
corporation that has a population of at least one hundred | 72 |
thousand, is not a labor surplus area, and is a targeted | 73 |
investment area established by the municipal corporation that is | 74 |
comprised of block tracts identified in the most recently | 75 |
available figures from the United States census bureau in which at | 76 |
least twenty per cent of the population in the area is at or below | 77 |
the official poverty line or of contiguous block tracts meeting | 78 |
those criteria. | 79 |
(J) "Integrating committee" means a district public works | 80 |
integrating committee established under section 164.04 of the | 81 |
Revised Code. | 82 |
(K) "Labor surplus area" means an area designated as a labor | 83 |
surplus area by the United States department of labor. | 84 |
(L) "No further action letter" means a letter that is | 85 |
prepared by a certified professional when, on the basis of the | 86 |
best knowledge, information, and belief of the certified | 87 |
professional, the certified professional concludes that the | 88 |
cleanup or remediation of a brownfield meets the applicable | 89 |
cleanup standards and that contains all of the information | 90 |
specified in rules adopted under division (B)(7) of section | 91 |
3746.04 of the Revised Code. | 92 |
(M) "Nonprofit organization" means a corporation, | 93 |
association, group, institution, society, or other organization | 94 |
that is exempt from federal income taxation under section | 95 |
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, | 96 |
26 U.S.C. 501(c)(3), as amended. | 97 |
(N) "Property" means any parcel of real property, or portion | 98 |
of such a parcel, and any improvements to it. | 99 |
(O) "Official poverty line" has the same meaning as in | 100 |
section 3923.51 of the Revised Code. | 101 |
(P) "Situational distress area" means a county or a | 102 |
municipal corporation that has experienced or is experiencing a | 103 |
closing or downsizing of a major employer that will adversely | 104 |
affect the county or municipal corporation's economy and that has | 105 |
applied to the director of development to be designated as a | 106 |
situational distress area for not more than thirty months by | 107 |
demonstrating all the following: | 108 |
(1) The number of jobs lost by the closing or downsizing; | 109 |
(2) The impact that the job loss has on the county or | 110 |
municipal corporation's unemployment rate as measured by the | 111 |
director of job and family services; | 112 |
(3) The annual payroll associated with the job loss; | 113 |
(4) The amount of state and local taxes associated with the | 114 |
job loss; | 115 |
(5) The impact that the closing or downsizing has on | 116 |
suppliers located in the county or municipal corporation. | 117 |
Sec. 122.651. (A) There is hereby created the clean Ohio | 118 |
council consisting of the director of development or the | 119 |
director's designee, the director of environmental protection or | 120 |
the director's designee, one member of the majority party of the | 121 |
senate and one member of the minority party of the senate to be | 122 |
appointed by the president of the senate, one member of the | 123 |
majority party of the house of representatives and one member of | 124 |
the minority party of the house of representatives to be appointed | 125 |
by the speaker of the house of representatives, and seven members | 126 |
to be appointed by the governor with the advice and consent of the | 127 |
senate. Of the members appointed by the governor, one shall | 128 |
represent the interests of counties, one shall represent the | 129 |
interests of townships, one shall represent the interests of | 130 |
municipal corporations, two shall represent the interests of | 131 |
business and development, and two shall represent statewide | 132 |
environmental advocacy organizations. The members appointed by | 133 |
the governor shall reflect the demographic and economic diversity | 134 |
of the population of the state. Additionally, the governor's | 135 |
appointments shall represent all areas of the state. All | 136 |
appointments to the council shall be made not later than sixty | 137 |
days after the effective date of this section. | 138 |
(B) The members appointed by the president of the senate and | 139 |
the house of representatives shall serve at the pleasure of their | 140 |
appointing authorities. Of the initial members appointed by the | 141 |
governor to the clean Ohio council, four shall be appointed for | 142 |
two years and three shall be appointed for one year. Thereafter, | 143 |
terms of office for members appointed by the governor shall be for | 144 |
two years, with each term ending on the same day of the same month | 145 |
as did the term that it succeeds. Each of those members shall | 146 |
hold office from the date of appointment until the end of the term | 147 |
for which the member is appointed. | 148 |
Members may be reappointed. Vacancies shall be filled in the | 149 |
same manner as provided for original appointments. Any member | 150 |
appointed to fill a vacancy occurring prior to the expiration date | 151 |
of the term for which the member was appointed shall hold office | 152 |
for the remainder of that term. A member shall continue in office | 153 |
after the expiration date of the member's term until the member's | 154 |
successor takes office or until a period of sixty days has | 155 |
elapsed, whichever occurs first. The governor may remove a member | 156 |
appointed by the governor for misfeasance, nonfeasance, or | 157 |
malfeasance in office. | 158 |
(C) The director of development shall serve as the | 159 |
chairperson of the clean Ohio council. The council annually shall | 160 |
select from among its members a vice-chairperson and a secretary | 161 |
to keep a record of its proceedings. A majority vote of a quorum | 162 |
of the members of the council is necessary to take action on any | 163 |
matter. The council may adopt bylaws governing its operation, | 164 |
including bylaws that establish the frequency of meetings, | 165 |
procedures for reviewing eligible projects under sections 122.65 | 166 |
to 122.658 of the Revised Code and policies and requirements | 167 |
established under section 122.657 of the Revised Code, and other | 168 |
necessary procedures. | 169 |
(D) Serving as a member of the clean Ohio council does not | 170 |
constitute holding a public office or position of employment under | 171 |
the laws of this state and does not constitute grounds for removal | 172 |
of public officers or employees from their offices or positions of | 173 |
employment. Members of the council shall serve without | 174 |
compensation for attending council meetings. | 175 |
(E) Members appointed by the governor shall not have a | 176 |
conflict of interest with the position. For the purposes of this | 177 |
division, "conflict of interest" means the taking of any action | 178 |
that violates any provision of Chapter 102. or 2921. of the | 179 |
Revised Code. | 180 |
(F) The department of development shall provide office space | 181 |
for the council. The council shall be assisted in its duties by | 182 |
the staff of the department of development and the environmental | 183 |
protection agency. | 184 |
(G) Sections 101.82 to 101.87 of the Revised Code do not | 185 |
apply to the clean Ohio council. | 186 |
Sec. 122.652. (A) An applicant seeking a grant for a | 187 |
brownfield cleanup or remediation project from the clean Ohio | 188 |
revitalization fund created in section 122.658 of the Revised Code | 189 |
shall request an application form from the appropriate integrating | 190 |
committee with geographical jurisdiction over the project for | 191 |
which a grant is sought. The applicant shall complete the | 192 |
application and include all of the information required by | 193 |
sections 122.65 to 122.658 of the Revised Code and policies and | 194 |
requirements established under section 122.657 of the Revised | 195 |
Code. | 196 |
After completion of the application, but prior to the | 197 |
submission of the application to the integrating committee under | 198 |
division (B) of this section, the applicant shall conduct a public | 199 |
meeting concerning the application. Not later than forty-five | 200 |
days prior to conducting the public meeting, the applicant shall | 201 |
provide notice of the date and time of the public meeting in a | 202 |
newspaper of general circulation in the county in which the | 203 |
property that is the subject of the application is located. In | 204 |
addition, not later than forty-five days prior to the hearing, the | 205 |
applicant shall post notice of the date and time of the public | 206 |
meeting at the property on a sign that measures not less four feet | 207 |
by four feet or, if the political subdivision in which the sign is | 208 |
to be posted prohibits a sign of that size, the maximum size of | 209 |
sign permitted by that political subdivision. | 210 |
In addition, not later than forty-five days prior to the | 211 |
public meeting, the applicant shall provide a copy of the | 212 |
application to a public library in the vicinity of the property | 213 |
for public review. The submission of the application and the | 214 |
location of the public library shall be included in the notice | 215 |
required under this division. The general public may submit | 216 |
comments to the applicant concerning the application prior to and | 217 |
at the public meeting. | 218 |
(B) An applicant shall submit a completed application, all | 219 |
required information, and an application summary to the | 220 |
appropriate integrating committee. Based on a review of the | 221 |
application summaries submitted to it, an integrating committee | 222 |
shall prioritize all applications in accordance with criteria and | 223 |
procedures established pursuant to section 122.657 of the Revised | 224 |
Code. The integrating committee shall choose not more than six | 225 |
applications that it determines merit funding and shall forward | 226 |
those applications and all accompanying information to the clean | 227 |
Ohio council. In prioritizing and choosing applications under | 228 |
this division, an integrating committee shall consult with local | 229 |
and regional economic development agencies or resources, community | 230 |
development agencies or organizations, local business | 231 |
organizations, and other appropriate entities located or operating | 232 |
in the geographic jurisdiction of the integrating committee. | 233 |
(C) The clean Ohio council shall supply application forms to | 234 |
each integrating committee. | 235 |
Sec. 122.653. (A) Upon receipt of an application from an | 236 |
integrating committee, the clean Ohio council shall examine the | 237 |
application and all accompanying information to determine if the | 238 |
application is complete. If the council determines that the | 239 |
application is not complete, the council immediately shall notify | 240 |
the applicant that the application is not complete, provide a | 241 |
description of the information that is missing from the | 242 |
application, and return the application and all accompanying | 243 |
information to the applicant. The applicant may resubmit the | 244 |
application directly to the council. | 245 |
(B) The council shall approve or disapprove in writing | 246 |
applications submitted to it by integrating committees for grants | 247 |
from the clean Ohio revitalization fund. The council shall not | 248 |
approve a project that fails to comply with the requirements | 249 |
established in sections 122.65 to 122.658 of the Revised Code and | 250 |
policies and requirements established under section 122.657 of the | 251 |
Revised Code. The council also shall not approve a project if the | 252 |
applicant caused or contributed to the contamination at the | 253 |
property. In approving or disapproving applications, the council | 254 |
shall use the selection process established in policies and | 255 |
requirements established under section 122.657 of the Revised Code | 256 |
and shall ensure that minority and low-income communities are not | 257 |
disproportionately affected by the failure to thoroughly clean up | 258 |
and redevelop brownfields. | 259 |
(C) If the council approves an application under this | 260 |
section, the council shall enter into an agreement with the | 261 |
applicant to award a grant for the applicant's brownfield cleanup | 262 |
or remediation project. The agreement shall be executed prior to | 263 |
the payment or disbursement of any funds approved by the council | 264 |
under this section. The agreement shall contain, at a minimum, | 265 |
all of the following: | 266 |
(1) The designation of a single officer or employee of the | 267 |
applicant who will serve as project manager; | 268 |
(2) Procedures for the payment or disbursement of funds from | 269 |
the grant to the applicant; | 270 |
(3) A designation of the percentage of the estimated total | 271 |
cost of the project for which the grant will provide funding, | 272 |
which shall not exceed seventy-five per cent of that cost as | 273 |
provided in section 122.658 of the Revised Code; | 274 |
(4) A description of the manner by which the applicant will | 275 |
provide the remainder of the estimated total cost of the project, | 276 |
which shall equal at least twenty-five per cent of that cost as | 277 |
provided in section 122.658 of the Revised Code; | 278 |
(5) An assurance that the applicant will clean up or | 279 |
remediate the brownfield to the applicable cleanup standards; | 280 |
(6) A provision for the reimbursement of grant moneys if the | 281 |
completed project does not comply with the applicable cleanup | 282 |
standards; | 283 |
(7) Any other provisions that the council considers necessary | 284 |
in order to ensure that the project's implementation will comply | 285 |
with the requirements established in sections 122.65 to 122.658 of | 286 |
the Revised Code and policies and requirements established under | 287 |
section 122.657 of the Revised Code. | 288 |
(D) If the council executes an agreement under this section, | 289 |
the council shall forward a copy of the agreement to the | 290 |
department of development for the purposes of section 122.658 of | 291 |
the Revised Code. | 292 |
(E) A grant may be awarded for a project under this section | 293 |
to an applicant to pay the costs of cleanup or remediation of a | 294 |
brownfield in order to comply with any applicable cleanup | 295 |
standards. | 296 |
Sec. 122.654. (A) An applicant who has entered into an | 297 |
agreement with the clean Ohio council under section 122.653 of the | 298 |
Revised Code shall employ a certified professional to determine if | 299 |
the brownfield cleanup or remediation project complies with | 300 |
applicable cleanup standards. The certified professional shall | 301 |
make this determination in accordance with Chapter 3746. of the | 302 |
Revised Code and rules adopted under it. When the certified | 303 |
professional determines that the cleanup or remediation complies | 304 |
with the applicable cleanup standards, the certified professional | 305 |
shall prepare a no further action letter. | 306 |
Upon completion of a no further action letter, the certified | 307 |
professional shall send a copy of the letter to the applicant. The | 308 |
letter shall be accompanied by both of the following: | 309 |
(1) A written request that the applicant notify the certified | 310 |
professional as to whether the applicant wishes to submit the no | 311 |
further action letter to the director of environmental protection; | 312 |
(2) A written notice informing the applicant that the | 313 |
original no further action letter may be submitted to the director | 314 |
only by a certified professional and that the person may receive a | 315 |
covenant not to sue under Chapter 3746. of the Revised Code and | 316 |
rules adopted under it in connection with the cleanup or | 317 |
remediation only if the no further action letter is submitted to | 318 |
the director on the applicant's behalf by the certified | 319 |
professional. | 320 |
In addition, the certified professional shall send a copy of | 321 |
the no further action letter to the clean Ohio council. | 322 |
Promptly after receipt of the letter, request, and notice, | 323 |
the applicant shall send written notice to the certified | 324 |
professional informing the certified professional as to whether | 325 |
the applicant wishes to submit the no further action letter to the | 326 |
director and shall send a copy of the notice to the clean Ohio | 327 |
council. If the applicant's notice indicates that the applicant | 328 |
wishes to have the no further action letter submitted to the | 329 |
director, promptly after receipt of the notice, the certified | 330 |
professional shall submit the original no further action letter to | 331 |
the director by certified mail on behalf of the applicant. In | 332 |
addition, the certified professional shall send written notice to | 333 |
the clean Ohio council informing the council that the original no | 334 |
further action letter has been submitted to the director. If the | 335 |
applicant notifies the certified professional that the applicant | 336 |
does not wish to submit the no further action letter to the | 337 |
director, the certified professional shall send the original no | 338 |
further action letter to the applicant promptly after receiving | 339 |
the notice. | 340 |
(B) If the certified professional determines that the | 341 |
cleanup or remediation does not comply with applicable cleanup | 342 |
standards, the certified professional shall send to the applicant | 343 |
and the clean Ohio council written notice of that fact and of the | 344 |
certified professional's inability to issue a no further action | 345 |
letter for the property. | 346 |
(C) If the director receives an original no further action | 347 |
letter from a certified professional on behalf of an applicant, | 348 |
the director shall issue or deny a covenant not to sue in | 349 |
accordance with Chapter 3746. of the Revised Code and rules | 350 |
adopted under it except as otherwise specifically provided under | 351 |
sections 122.65 to 122.659 of the Revised Code. | 352 |
(D) A certified professional shall maintain all documents | 353 |
and data prepared or acquired by the certified professional in | 354 |
connection with a cleanup or remediation for not less than ten | 355 |
years after the date of issuance of a no further action letter or | 356 |
after the notice required under division (B) of this section has | 357 |
been sent, whichever is applicable. The clean Ohio council may | 358 |
request a certified professional to provide the council with | 359 |
documents and data for purposes of verifying that the issuance of | 360 |
or inability to issue a no further action letter by the certified | 361 |
professional under sections 122.65 to 122.659 of the Revised Code | 362 |
was appropriate. In addition, if the applicant requested the | 363 |
certified professional to send the original no further action | 364 |
letter to the director, the director shall have access to those | 365 |
documents and data for purposes of the issuance or denial of a | 366 |
covenant not to sue under Chapter 3746. of the Revised Code and | 367 |
rules adopted under it. | 368 |
Sec. 122.655. (A) A no further action letter issued under | 369 |
section 122.654 of the Revised Code, a covenant not to sue issued | 370 |
under Chapter 3746. of the Revised Code and rules adopted under | 371 |
it, if applicable, and any restrictions on the use of the property | 372 |
that are needed in order to comply with the applicable cleanup | 373 |
standards as determined by the director of environmental | 374 |
protection shall be filed by the applicant in the office of the | 375 |
county recorder of the county in which the property is located and | 376 |
shall be recorded in the same manner as a deed to the property. | 377 |
No applicant shall fail to comply with this division. | 378 |
(B) Pursuant to Chapter 5309. of the Revised Code, a no | 379 |
further action letter issued under section 122.654 of the Revised | 380 |
Code, a covenant not to sue issued under Chapter 3746. of the | 381 |
Revised Code and rules adopted under it, if applicable, and any | 382 |
restrictions on the use of the property, as described in division | 383 |
(A) of this section, in connection with registered land, as | 384 |
defined in section 5309.01 of the Revised Code, shall be entered | 385 |
as a memorial on the page of the register where the title of the | 386 |
owner is registered. | 387 |
Sec. 122.656. (A) An applicant that is in an eligible area | 388 |
may submit an application on a form prescribed by the director of | 389 |
development to request moneys from the clean Ohio assistance fund | 390 |
to pay for the cost of an assessment that is required for purposes | 391 |
of sections 122.65 to 122.658 of the Revised Code, the cleanup or | 392 |
remediation of a brownfield, or public health emergencies related | 393 |
to water supply contamination from hazardous substances or | 394 |
petroleum. | 395 |
(B) Upon receipt of an application, the director shall | 396 |
examine the application and all accompanying information to | 397 |
determine if the application is complete. If the director | 398 |
determines that the application is not complete, the director | 399 |
immediately shall notify the applicant that the application is not | 400 |
complete, provide a description of the information that is missing | 401 |
from the application, and return the application and all | 402 |
accompanying information to the applicant. The applicant may | 403 |
resubmit the application. | 404 |
(C) The director shall approve or disapprove in writing | 405 |
applications submitted for grants from the clean Ohio assistance | 406 |
fund under this section. The director shall not approve an | 407 |
application that fails to comply with the policies and | 408 |
requirements established under section 122.657 of the Revised | 409 |
Code and under this section. In approving or disapproving | 410 |
applications, the director shall use the criteria established | 411 |
pursuant to section 122.657 of the Revised Code. Prior to the | 412 |
approval or disapproval of an application under this section, the | 413 |
director shall notify the clean Ohio council of the pending | 414 |
approval or disapproval. | 415 |
(D) If the director approves an application under this | 416 |
section, the director shall enter into an agreement with the | 417 |
applicant to award a grant to the applicant. The agreement shall | 418 |
be executed prior to the payment or disbursement of any funds | 419 |
approved by the director under this section. | 420 |
(E) If the director executes an agreement under this | 421 |
section, the director shall forward a copy of the agreement to the | 422 |
clean Ohio council for the purposes of sections 122.65 to 122.658 | 423 |
of the Revised Code. | 424 |
Sec. 122.657. For the purposes of sections 122.65 to 122.658 | 425 |
of the Revised Code, the director of development shall establish | 426 |
policies and requirements regarding all of the following: | 427 |
(A) The form and content of applications for grants from the | 428 |
clean Ohio revitalization fund under section 122.652 of the | 429 |
Revised Code. The policies and requirements shall require that | 430 |
each application include, at a minimum, all of the following: | 431 |
(1) The name, address, and telephone number of the applicant; | 432 |
(2) The legal description of the property for which the grant | 433 |
is requested; | 434 |
(3) A detailed description of the contamination caused by | 435 |
hazardous substances or petroleum at the brownfield that includes | 436 |
an explanation of the source of the contamination at the property | 437 |
as determined by an assessment, a certified copy of the results of | 438 |
the assessment, and an identification of the parties that caused | 439 |
the contamination, if known; | 440 |
(4) A detailed explanation of the proposed cleanup or | 441 |
remediation of the brownfield, including an identification of the | 442 |
applicable cleanup standards, and a detailed description of the | 443 |
proposed use of the brownfield after completion of the cleanup or | 444 |
remediation; | 445 |
(5) An estimate of the total cost to clean up or remediate | 446 |
the brownfield in order to comply with the applicable cleanup | 447 |
standards. The total cost shall include the cost of employing a | 448 |
certified professional under section 122.654 of the Revised Code. | 449 |
(6) A detailed explanation of the portion of the estimated | 450 |
total cost of the cleanup or remediation of the brownfield that | 451 |
the applicant proposes to provide as required under sections | 452 |
122.653 and 122.658 of the Revised Code and financial records | 453 |
supporting the proposal; | 454 |
(7) A certified copy of a resolution or ordinance approving | 455 |
the project that the applicant shall obtain from the board of | 456 |
township trustees of the township or the legislative authority of | 457 |
the municipal corporation in which the property is located, | 458 |
whichever is applicable; | 459 |
(8) A description of the estimated economic benefit that will | 460 |
result from a cleanup or remediation of the brownfield; | 461 |
(9) An application summary for purposes of review by an | 462 |
integrating committee under division (B) of section 122.652 of the | 463 |
Revised Code; | 464 |
(10) Any other provisions that the director determines should | 465 |
be included in an application. | 466 |
(B) Procedures for conducting public meetings and providing | 467 |
public notice under division (A) of section 122.652 of the Revised | 468 |
Code; | 469 |
(C) Criteria to be used by integrating committees when | 470 |
prioritizing projects under division (B) of section 122.652 of the | 471 |
Revised Code. The policies and requirements also shall establish | 472 |
procedures that integrating committees shall use in applying the | 473 |
criteria. | 474 |
(D) A selection process that provides for the prioritization | 475 |
of brownfield cleanup or remediation projects for which grant | 476 |
applications are submitted under section 122.652 of the Revised | 477 |
Code. The policies and requirements shall require the selection | 478 |
process to give priority to projects in which the post-cleanup or | 479 |
remediation use will be for a combination of residential, | 480 |
commercial, or industrial purposes, which may include the | 481 |
conversion of a portion of a brownfield to a recreation, park, or | 482 |
natural area that is integrated with the residential, commercial, | 483 |
or industrial use of the brownfield after cleanup or remediation, | 484 |
or will incorporate projects that are funded by grants awarded | 485 |
under sections 164.20 to 164.27 of the Revised Code. The policies | 486 |
and requirements shall require the selection process to | 487 |
incorporate and emphasize all of the following factors: | 488 |
(1) The potential economic benefit that will result from the | 489 |
cleanup or remediation of a brownfield; | 490 |
(2) The potential environmental improvement that will result | 491 |
from the cleanup or remediation of a brownfield; | 492 |
(3) The amount and nature of the match provided by an | 493 |
applicant as required under sections 122.653 and 122.658 of the | 494 |
Revised Code; | 495 |
(4) Funding priorities recommended by integrating committees | 496 |
under division (B) of section 122.652 of the Revised Code; | 497 |
(5) Any other factors that the director considers | 498 |
appropriate. | 499 |
(E) The development of criteria that the director shall use | 500 |
when awarding grants under section 122.656 of the Revised Code and | 501 |
any other policies and requirements that the director determines | 502 |
are necessary for the administration of that section; | 503 |
(F) The development of a brownfield cleanup and remediation | 504 |
oversight program to ensure compliance with sections 122.65 to | 505 |
122.658 of the Revised Code and policies and requirements | 506 |
established under this section. The policies and requirements | 507 |
shall require the program to include, at a minimum, both of the | 508 |
following: | 509 |
(1) Procedures for the accounting of invoices and receipts | 510 |
and any other documents that are necessary to demonstrate that a | 511 |
cleanup or remediation was properly performed; | 512 |
(2) Procedures that are necessary to provide a detailed | 513 |
explanation of the status of the property five years after the | 514 |
completed cleanup or remediation. | 515 |
(G) A delineation of what constitutes administrative costs | 516 |
for purposes of divisions (C) and (E) of section 122.658 of the | 517 |
Revised Code; | 518 |
(H) Any other policies and requirements that the director | 519 |
determines are necessary for the administration of sections 122.65 | 520 |
to 122.658 of the Revised Code. | 521 |
Sec. 122.658. (A) The clean Ohio revitalization fund is | 522 |
hereby created in the state treasury. The fund shall consist of | 523 |
moneys credited to it pursuant to section 151.40 of the Revised | 524 |
Code and shall be used to make grants for projects that have been | 525 |
approved by the clean Ohio council in accordance with section | 526 |
122.653 of the Revised Code, except that the council annually | 527 |
shall transfer five million dollars from the clean Ohio | 528 |
revitalization fund to the clean Ohio assistance fund created in | 529 |
division (C) of this section. | 530 |
Moneys in the clean Ohio revitalization fund may be used to | 531 |
pay reasonable costs incurred by the council in administering | 532 |
sections 122.65 to 122.658 of the Revised Code. All investment | 533 |
earnings of the fund shall be credited to the fund. Investment | 534 |
earnings credited to the clean Ohio revitalization fund that | 535 |
exceed the amounts required to meet estimated federal arbitrage | 536 |
requirements shall be used to pay costs incurred by the department | 537 |
of development and the environmental protection agency pursuant to | 538 |
sections 122.65 to 122.658 of the Revised Code. The council may | 539 |
transfer any remaining investment earnings in the fund to the | 540 |
clean Ohio assistance fund, but the balance in the clean Ohio | 541 |
assistance fund as a result of the transfer shall not exceed ten | 542 |
million dollars. | 543 |
The department of development shall administer the clean Ohio | 544 |
revitalization fund in accordance with this section, policies and | 545 |
requirements established under section 122.657 of the Revised | 546 |
Code, and the terms of agreements entered into by the council | 547 |
under section 122.653 of the Revised Code. | 548 |
(B) Grants awarded under section 122.653 of the Revised Code | 549 |
shall provide not more than seventy-five per cent of the estimated | 550 |
total cost of a project. A grant to any one project shall not | 551 |
exceed three million dollars. An applicant shall provide at least | 552 |
twenty-five per cent of the estimated total cost of a project. The | 553 |
applicant's share may consist of one or a combination of any of | 554 |
the following: | 555 |
(1) Payment of the cost of acquiring the property for the | 556 |
purposes of sections 122.65 to 122.658 of the Revised Code; | 557 |
(2) Payment of the reasonable cost of an assessment at the | 558 |
property; | 559 |
(3) The reasonable value, as determined by the council, of | 560 |
labor and materials that will be contributed by the applicant in | 561 |
performing the cleanup or remediation; | 562 |
(4) Moneys received by the applicant in any form for use in | 563 |
performing the cleanup or remediation; | 564 |
(5) Loans secured by the applicant for the purpose of the | 565 |
cleanup or remediation of the brownfield. | 566 |
Costs that were incurred more than two years prior to the | 567 |
submission of an application to the clean Ohio council for the | 568 |
acquisition of property, assessments, and labor and materials | 569 |
shall not be used as part of the applicant's matching share. | 570 |
(C) The department of development shall not make any payment | 571 |
to an applicant from the clean Ohio revitalization fund to pay | 572 |
costs of the applicant that were not included in an application | 573 |
for a grant under section 122.653 of the Revised Code or that | 574 |
exceed the amount of the estimated total cost of the project | 575 |
included in the application. If, upon completion of a project, | 576 |
the costs of the project are less than the amounts included in the | 577 |
application, the amounts included in the application less the | 578 |
amounts of the actual costs of the project shall be credited to | 579 |
the clean Ohio revitalization fund. However, the amounts credited | 580 |
shall be equivalent in percentage to the percentage of the costs | 581 |
of the project that were to be funded by the grant from the fund. | 582 |
(D) Grants awarded under section 122.653 of the Revised | 583 |
Code from the clean Ohio revitalization fund shall be used by an | 584 |
applicant only to pay the costs of the actual cleanup or | 585 |
remediation of a brownfield and shall not be used by an applicant | 586 |
to pay any administrative costs incurred by the applicant. Costs | 587 |
related to the use of a certified professional for purposes of | 588 |
section 122.654 of the Revised Code are not administrative costs | 589 |
and may be paid with moneys from grants awarded under section | 590 |
122.653 of the Revised Code. | 591 |
(E) The clean Ohio assistance fund is hereby created in | 592 |
the state treasury. The fund shall consist of moneys transferred | 593 |
to it under division (A) of this section and shall be used to make | 594 |
grants for assessments, cleanup or remediation of brownfields, and | 595 |
public health emergencies that have been approved by the director | 596 |
of development under section 122.656 of the Revised Code. All | 597 |
investment earnings of the fund shall be credited to the fund. The | 598 |
department of development shall administer the fund in accordance | 599 |
with this section, policies and requirements established under | 600 |
section 122.657 of the Revised Code, and the terms of agreements | 601 |
entered into by the director under section 122.656 of the Revised | 602 |
Code. | 603 |
(F) Grants awarded under section 122.656 of the Revised Code | 604 |
from the clean Ohio assistance fund shall be used by an applicant | 605 |
only to pay the costs of actually conducting an assessment, | 606 |
conducting a cleanup or remediation of a brownfield, or addressing | 607 |
a public health emergency related to water supply contamination | 608 |
and shall not be used by an applicant to pay any administrative | 609 |
costs incurred by the applicant. Costs related to the use of a | 610 |
certified professional for purposes of section 122.654 of the | 611 |
Revised Code are not administrative costs and may be paid with | 612 |
moneys from grants awarded under section 122.656 of the Revised | 613 |
Code. | 614 |
Sec. 122.659. (A) Nothing in sections 122.65 to 122.658 of | 615 |
the Revised Code, nor any agreement entered into under those | 616 |
sections, shall be construed to amend, modify, repeal, or | 617 |
otherwise alter any other provision of the Revised Code relating | 618 |
to administrative, civil, or criminal penalties, or enforcement | 619 |
actions and remedies available to the environmental protection | 620 |
agency, or in any way amend, modify, repeal, or alter the | 621 |
authority of that agency to bring administrative, civil, or | 622 |
criminal actions under any provision of the Revised Code. | 623 |
(B) Nothing in sections 122.65 to 122.658 of the Revised Code | 624 |
shall affect the ability or authority of any person that is | 625 |
undertaking or has undertaken investigation or remediation | 626 |
activities at a brownfield under those sections to seek cost | 627 |
recovery or contributions from or any relief available against any | 628 |
person who may have liability with respect to the brownfield. | 629 |
(C) Decisions of the clean Ohio council, integrating | 630 |
committees, the environmental protection agency, and the | 631 |
department of development concerning applications for grant | 632 |
funding under sections 122.65 to 122.658 of the Revised Code are | 633 |
effective without a prior hearing under Chapter 119. of the | 634 |
Revised Code and are not appealable under that chapter or under | 635 |
any other provision of the Revised Code. | 636 |
(D) Nothing in sections 122.65 to 122.658 of the Revised Code | 637 |
shall create or be construed as creating a cause of action against | 638 |
any member, officer, or employee of the clean Ohio council, | 639 |
integrating committees, the environmental protection agency, or | 640 |
the department of development or a substantive legal right in | 641 |
favor of any applicant for a grant under those sections. | 642 |
Sec. 126.11. (A)(1) The director of budget and management | 643 |
shall, upon consultation with the treasurer of state, coordinate | 644 |
and approve the scheduling of initial sales of publicly offered | 645 |
securities of the state and of publicly offered fractionalized | 646 |
interests in or securitized issues of public obligations of the | 647 |
state. The director shall from time to time develop and | 648 |
distribute to state issuers an approved sale schedule for each of | 649 |
the obligations covered by this division. This division applies | 650 |
only to those obligations on which the state or a state agency is | 651 |
the direct obligor or obligor on any backup security or related | 652 |
credit enhancement facility or source of money subject to state | 653 |
appropriations that is intended for payment of those obligations. | 654 |
(2) The issuers of obligations pursuant to section 151.03, | 655 |
151.04, 151.05,
| 656 |
Revised Code shall submit to the director: | 657 |
(a) For review and approval: the projected sale date, | 658 |
amount, and type of obligations proposed to be sold; their | 659 |
purpose, security, and source of payment; and the proposed | 660 |
structure and maturity schedule; | 661 |
(b) For review and comment: the authorizing order or | 662 |
resolution; preliminary and final offering documents; method of | 663 |
sale; preliminary and final pricing information; and any written | 664 |
reports or recommendations of financial advisors or consultants | 665 |
relating to those obligations; | 666 |
(c) Promptly after each sale of those obligations: final | 667 |
terms, including sale price, maturity schedule and yields, and | 668 |
sources and uses; names of the original purchasers or | 669 |
underwriters; a copy of the final offering document and of the | 670 |
transcript of proceedings; and any other pertinent information | 671 |
requested by the director. | 672 |
(3) The issuer of obligations pursuant to section 151.06
| 673 |
151.08, or 151.40 or Chapter 154. or 3318. of the Revised Code | 674 |
shall submit to the director: | 675 |
(a) For review and mutual agreement: the projected sale | 676 |
date, amount, and type of obligations proposed to be sold; their | 677 |
purpose, security, and source of payment; and the proposed | 678 |
structure and maturity schedule; | 679 |
(b) For review and comment: the authorizing order or | 680 |
resolution; preliminary and final offering documents; method of | 681 |
sale; preliminary and final pricing information; and any written | 682 |
reports or recommendations of financial advisors or consultants | 683 |
relating to those obligations; | 684 |
(c) Promptly after each sale of those obligations: final | 685 |
terms, including sale price, maturity schedule and yields, and | 686 |
sources and uses; names of the original purchasers or | 687 |
underwriters; a copy of the final offering document and of the | 688 |
transcript of proceedings; and any other pertinent information | 689 |
requested by the director. | 690 |
(4) The issuers of obligations pursuant to Chapter 166., | 691 |
4981., 5540., or 6121., or section 5531.10, of the Revised Code | 692 |
shall submit to the director: | 693 |
(a) For review and comment: the projected sale date, amount, | 694 |
and type of obligations proposed to be sold; the purpose, | 695 |
security, and source of payment; and preliminary and final | 696 |
offering documents; | 697 |
(b) Promptly after each sale of those obligations: final | 698 |
terms, including a maturity schedule; names of the original | 699 |
purchasers or underwriters; a copy of the complete continuing | 700 |
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent | 701 |
rule as from time to time in effect; and any other pertinent | 702 |
information requested by the director. | 703 |
(5) Not later than thirty days after the end of a fiscal | 704 |
year, each issuer of obligations subject to divisions (A) and (B) | 705 |
of this section shall submit to the director and to the treasurer | 706 |
of state a sale plan for the then current fiscal year for each | 707 |
type of obligation, projecting the amount and term of each | 708 |
issuance, the method of sale, and the month of sale. | 709 |
(B) Issuers of obligations pursuant to Chapter 122., 166., | 710 |
175., 3345., 3347., 3366., 3377., 3706., 3737., 5537., 6121., or | 711 |
6123. of the Revised Code, and issuers of securities issued | 712 |
pursuant to Chapter 165. of the Revised Code other than a county | 713 |
or municipal corporation, shall submit to the director copies of | 714 |
the preliminary and final offering documents upon their | 715 |
availability if not previously submitted pursuant to division (A) | 716 |
of this section. | 717 |
(C) Not later than the first day of January of each year, | 718 |
every state agency obligated to make payments on outstanding | 719 |
public obligations with respect to which fractionalized interests | 720 |
have been publicly issued, such as certificates of participation, | 721 |
shall submit a report to the director of the amounts payable from | 722 |
state appropriations under those public obligations during the | 723 |
then current and next two fiscal years, identifying the | 724 |
appropriation or intended appropriation from which payment is | 725 |
expected to be made. | 726 |
(D)(1) Information relating generally to the historic, | 727 |
current, or future demographics or economy or financial condition | 728 |
or funds or general operations of the state, and descriptions of | 729 |
any state contractual obligations relating to public obligations, | 730 |
to be contained in any offering document, continuing disclosure | 731 |
document, or written presentation prepared, approved, or provided, | 732 |
or committed to be provided, by an issuer in connection with the | 733 |
original issuance and sale of, or rating, remarketing, or credit | 734 |
enhancement facilities relating to, public obligations referred to | 735 |
in division (A) of this section shall be approved as to format and | 736 |
accuracy by the director before being presented, published, or | 737 |
disseminated in preliminary, draft, or final form, or publicly | 738 |
filed in paper, electronic, or other format. | 739 |
(2) Except for information described in division (D)(1) of | 740 |
this section that is to be contained in an offering document, | 741 |
continuing disclosure document, or written presentation, division | 742 |
(D)(1) of this section does not inhibit direct communication | 743 |
between an issuer and a rating agency, remarketing agent, or | 744 |
credit enhancement provider concerning an issuance of public | 745 |
obligations referred to in division (A) of this section or matters | 746 |
associated with that issuance. | 747 |
(3) The materials approved and provided pursuant to division | 748 |
(D) of this section are the information relating to the particular | 749 |
subjects provided by the state or state agencies that are required | 750 |
or contemplated by any applicable state or federal securities laws | 751 |
and any commitments by the state or state agencies made under | 752 |
those laws. Reliance for the purpose should not be placed on any | 753 |
other information publicly provided, in any format including | 754 |
electronic, by any state agency for other purposes, including | 755 |
general information provided to the public or to portions of the | 756 |
public. A statement to that effect shall be included in those | 757 |
materials so approved or provided. | 758 |
(E) Issuers of obligations referred to in division (A) of | 759 |
this section may take steps, by formal agreement, covenants in the | 760 |
proceedings, or otherwise, as may be necessary or appropriate to | 761 |
comply or permit compliance with applicable lawful disclosure | 762 |
requirements relating to those obligations, and may, subject to | 763 |
division (D) of this section, provide, make available, or file | 764 |
copies of any required disclosure materials as necessary or | 765 |
appropriate. Any such formal agreement or covenant relating to | 766 |
subjects referred to in division (D) of this section, and any | 767 |
description of that agreement or covenant to be contained in any | 768 |
offering document, shall be approved by the director before being | 769 |
entered into or published or publicly disseminated in preliminary, | 770 |
draft, or final form or publicly filed in paper, electronic, or | 771 |
other format. The director shall be responsible for making all | 772 |
filings in compliance with those requirements relating to direct | 773 |
obligations of the state, including fractionalized interests in | 774 |
those obligations. | 775 |
(F) No state agency or official shall, without the approval | 776 |
of the director of budget and management, do either of the | 777 |
following: | 778 |
(1) Enter into or commit to enter into a public obligation | 779 |
under which fractionalized interests in the payments are to be | 780 |
publicly offered, which payments are anticipated to be made from | 781 |
money from any source appropriated or to be appropriated by the | 782 |
general assembly or in which the provision stated in section 9.94 | 783 |
of the Revised Code is not included; | 784 |
(2) Except as otherwise expressly authorized for the purpose | 785 |
by law, agree or commit to provide, from money from any source to | 786 |
be appropriated in the future by the general assembly, financial | 787 |
assistance to or participation in the costs of capital facilities, | 788 |
or the payment of debt charges, directly or by way of a credit | 789 |
enhancement facility, a reserve, rental payments, or otherwise, on | 790 |
obligations issued to pay costs of capital facilities. | 791 |
(G) As used in this section, "credit enhancement | 792 |
facilities," "debt charges," "fractionalized interests in public | 793 |
obligations," "obligor," "public issuer," and "securities" have | 794 |
the same meanings as in section 133.01 of the Revised Code; | 795 |
"public obligation" has the same meaning as in division (GG)(2) of | 796 |
section 133.01 of the Revised Code; "obligations" means securities | 797 |
or public obligations or fractionalized interests in them; | 798 |
"issuers" means issuers of securities or state obligors on public | 799 |
obligations; "offering document" means an official statement, | 800 |
offering circular, private placement memorandum, or prospectus, or | 801 |
similar document; and "director" means the director of budget and | 802 |
management or the employee of the office of budget and management | 803 |
designated by the director for the purpose. | 804 |
Sec. 151.01. (A) As used in sections 151.01 to
| 805 |
151.09 and 151.40 of the Revised Code and in the applicable bond | 806 |
proceedings unless otherwise provided: | 807 |
(1) "Bond proceedings" means the resolutions, orders, | 808 |
agreements, and credit enhancement facilities, and amendments and | 809 |
supplements to them, or any one or more or combination of them, | 810 |
authorizing, awarding, or providing for the terms and conditions | 811 |
applicable to or providing for the security or liquidity of, the | 812 |
particular obligations, and the provisions contained in those | 813 |
obligations. | 814 |
(2) "Bond service fund" means the respective bond service | 815 |
fund
created by section 151.03, 151.04, 151.05, 151.06, 151.07,
| 816 |
151.08, 151.09, or 151.40 of the Revised Code, and any accounts in | 817 |
that fund, including all moneys and investments, and earnings from | 818 |
investments, credited and to be credited to that fund and accounts | 819 |
as and to the extent provided in the applicable bond proceedings. | 820 |
(3) "Capital facilities" means capital facilities or projects | 821 |
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07, | 822 |
823 |
(4) "Costs of capital facilities" means the costs of | 824 |
acquiring, constructing, reconstructing, rehabilitating, | 825 |
remodeling, renovating, enlarging, improving, equipping, or | 826 |
furnishing capital facilities, and of the financing of those | 827 |
costs. "Costs of capital facilities" includes, without limitation, | 828 |
and in addition to costs referred to in section 151.03, 151.04, | 829 |
151.05, 151.06, 151.07,
| 830 |
Revised Code, the cost of clearance and preparation of the site | 831 |
and of any land to be used in connection with capital facilities, | 832 |
the cost of any indemnity and surety bonds and premiums on | 833 |
insurance, all related direct administrative expenses and | 834 |
allocable portions of direct costs of the issuing authority, costs | 835 |
of engineering and architectural services, designs, plans, | 836 |
specifications, surveys, and estimates of cost, financing costs, | 837 |
interest on obligations from their date to the time when interest | 838 |
is to be paid from sources other than proceeds of obligations, | 839 |
amounts necessary to establish any reserves as required by the | 840 |
bond proceedings, the reimbursement of all moneys advanced or | 841 |
applied by or borrowed from any person or governmental agency or | 842 |
entity for the payment of any item of costs of capital facilities, | 843 |
and all other expenses necessary or incident to planning or | 844 |
determining feasibility or practicability with respect to capital | 845 |
facilities, and such other expenses as may be necessary or | 846 |
incident to the acquisition, construction, reconstruction, | 847 |
rehabilitation, remodeling, renovation, enlargement, improvement, | 848 |
equipment, and furnishing of capital facilities, the financing of | 849 |
those costs, and the placing of the capital facilities in use and | 850 |
operation, including any one, part of, or combination of those | 851 |
classes of costs and expenses. | 852 |
(5) "Credit enhancement facilities," "financing costs," and | 853 |
"interest" or "interest equivalent" have the same meanings as in | 854 |
section 133.01 of the Revised Code. | 855 |
(6) "Debt service" means principal, including any mandatory | 856 |
sinking fund or redemption requirements for retirement of | 857 |
obligations, interest and other accreted amounts, interest | 858 |
equivalent, and any redemption premium, payable on obligations. | 859 |
If not prohibited by the applicable bond proceedings, debt service | 860 |
includes costs relating to credit enhancement facilities that are | 861 |
related to and represent, or are intended to provide a source of | 862 |
payment of or limitation on, other debt service. | 863 |
(7) "Issuing authority" means the Ohio public facilities | 864 |
commission created in section 151.02 of the Revised Code for | 865 |
obligations issued under section 151.03, 151.04, 151.05,
| 866 |
151.07, or 151.09 of the Revised Code, or the treasurer of state, | 867 |
or the officer who by law performs the functions of that office, | 868 |
for obligations issued under section 151.06 or 151.08 of the | 869 |
Revised Code. | 870 |
(8) "Net proceeds" means amounts received from the sale of | 871 |
obligations, excluding amounts used to refund or retire | 872 |
outstanding obligations, amounts required to be deposited into | 873 |
special funds pursuant to the applicable bond proceedings, and | 874 |
amounts to be used to pay financing costs. | 875 |
(9) "Obligations" means bonds, notes, or other evidences of | 876 |
obligation of the state, including any appertaining interest | 877 |
coupons, issued pursuant to sections 151.01 to
| 878 |
151.40 of the Revised Code. | 879 |
(10) "Principal amount" means the aggregate of the amount as | 880 |
stated or provided for in the applicable bond proceedings as the | 881 |
amount on which interest or interest equivalent on particular | 882 |
obligations is initially calculated. Principal amount does not | 883 |
include any premium paid to the state by the initial purchaser of | 884 |
the obligations. "Principal amount" of a capital appreciation | 885 |
bond, as defined in division (C) of section 3334.01 of the Revised | 886 |
Code, means its face amount, and "principal amount" of a zero | 887 |
coupon bond, as defined in division (J) of section 3334.01 of the | 888 |
Revised Code, means the discounted offering price at which the | 889 |
bond is initially sold to the public, disregarding any purchase | 890 |
price discount to the original purchaser if provided for pursuant | 891 |
to the authorizing law of the Revised Code. | 892 |
(11) "Special funds" or "funds," unless the context indicates | 893 |
otherwise, means the bond service fund, and any other funds, | 894 |
including any reserve funds, created under the bond proceedings | 895 |
and stated to be special funds in those proceedings, including | 896 |
moneys and investments, and earnings from investments, credited | 897 |
and to be credited to the particular fund. Special funds do not | 898 |
include the school building program assistance fund created by | 899 |
section 3318.25 of the Revised Code, the higher education | 900 |
improvement fund created by division (F) of section 154.21 of the | 901 |
Revised Code, the highway capital improvement bond fund created by | 902 |
section 5528.53 of the Revised Code, the state parks and natural | 903 |
resources fund created by section 1557.02 of the Revised Code, the | 904 |
coal research and development fund created by section 1555.15 of | 905 |
the Revised Code, the clean Ohio conservation fund created by | 906 |
section 164.27 of the Revised Code, the clean Ohio revitalization | 907 |
fund created by section 122.658 of the Revised Code, or other | 908 |
funds created by the bond proceedings that are not stated by those | 909 |
proceedings to be special funds. | 910 |
(B) Subject to
| 911 |
Section 17 of Article VIII, Ohio Constitution, the state, by the | 912 |
issuing authority, is authorized to issue and sell, as provided in | 913 |
sections 151.03 to
| 914 |
and in respective aggregate principal amounts as from time to time | 915 |
provided or authorized by the general assembly, general | 916 |
obligations of this state for the purpose of paying costs of | 917 |
capital facilities or projects identified by or pursuant to | 918 |
general assembly action. | 919 |
(C) Each issue of obligations shall be authorized by | 920 |
resolution or order of the issuing authority. The bond | 921 |
proceedings shall provide for or authorize the manner for | 922 |
determining the principal amount or maximum principal amount of | 923 |
obligations of an issue, the principal maturity or maturities, the | 924 |
interest rate or rates, the date of and the dates of payment of | 925 |
interest on the obligations, their denominations, and the place or | 926 |
places of payment of debt service which may be within or outside | 927 |
the state. Unless otherwise provided by law, the latest principal | 928 |
maturity may not be later than the earlier of the thirty-first day | 929 |
of December of the twenty-fifth calendar year after the year of | 930 |
issuance of the particular obligations or of the twenty-fifth | 931 |
calendar year after the year in which the original obligation to | 932 |
pay was issued or entered into. Sections 9.96, 9.98, 9.981, | 933 |
9.982, and 9.983 of the Revised Code apply to obligations. The | 934 |
purpose of the obligations may be stated in the bond proceedings | 935 |
in general terms, such as, as applicable, "financing or assisting | 936 |
in the financing of projects as provided in Section 2l of Article | 937 |
VIII, Ohio Constitution," "financing or assisting in the financing | 938 |
of highway capital improvement projects as provided in Section 2m | 939 |
of Article VIII, Ohio Constitution," "paying costs of capital | 940 |
facilities for a system of common schools throughout the state as | 941 |
authorized by Section 2n of Article VIII, Ohio Constitution," | 942 |
"paying costs of capital facilities for state-supported and | 943 |
state-assisted institutions of higher education as authorized by | 944 |
Section 2n of Article VIII, Ohio Constitution," "paying costs of | 945 |
coal research and development as authorized by Section 15 of | 946 |
Article VIII, Ohio Constitution," or "financing or assisting in | 947 |
the financing of local subdivision capital improvement projects as | 948 |
authorized by Section 2m of Article VIII,
Ohio Constitution | 949 |
"paying costs of conservation or revitalization projects as | 950 |
authorized by Section 2o of Article VIII, Ohio Constitution." | 951 |
(D) The issuing authority may appoint or provide for the | 952 |
appointment of paying agents, bond registrars, securities | 953 |
depositories, clearing corporations, and transfer agents, and may | 954 |
without need for any other approval retain or contract for the | 955 |
services of underwriters, investment bankers, financial advisers, | 956 |
accounting experts, marketing, remarketing, indexing, and | 957 |
administrative agents, other consultants, and independent | 958 |
contractors, including printing services, as are necessary in the | 959 |
judgment of the issuing
authority to carry out
| 960 |
authority's functions under
| 961 |
chapter. When the issuing authority is the Ohio public facilities | 962 |
commission, the issuing authority also may without need for any | 963 |
other approval retain or contract for the services of attorneys | 964 |
and other professionals for that purpose. Financing costs are | 965 |
payable, as may be provided in the bond proceedings, from the | 966 |
proceeds of the obligations, from special funds, or from other | 967 |
moneys available for the purpose. | 968 |
(E) The bond proceedings may contain additional provisions | 969 |
customary or appropriate to the financing or to the obligations or | 970 |
to particular obligations including, but not limited to, | 971 |
provisions for: | 972 |
(1) The redemption of obligations prior to maturity at the | 973 |
option of the state or of the holder or upon the occurrence of | 974 |
certain conditions, and at particular price or prices and under | 975 |
particular terms and conditions; | 976 |
(2) The form of and other terms of the obligations; | 977 |
(3) The establishment, deposit, investment, and application | 978 |
of special funds, and the safeguarding of moneys on hand or on | 979 |
deposit, in lieu of the applicability of provisions of Chapter | 980 |
131. or 135. of the Revised Code, but subject to any special | 981 |
provisions of
sections 151.01 to
| 982 |
Revised Code with respect to the application of particular funds | 983 |
or moneys. Any financial institution that acts as a depository of | 984 |
any moneys in special funds or other funds under the bond | 985 |
proceedings may furnish indemnifying bonds or pledge securities as | 986 |
required by the issuing authority. | 987 |
(4) Any or every provision of the bond proceedings being | 988 |
binding upon the issuing authority and upon such governmental | 989 |
agency or entity, officer, board, commission, authority, agency, | 990 |
department, institution, district, or other person or body as may | 991 |
from time to time be authorized to take actions as may be | 992 |
necessary to perform all or any part of the duty required by the | 993 |
provision; | 994 |
(5) The maintenance of each pledge or instrument comprising | 995 |
part of the bond proceedings until the state has fully paid or | 996 |
provided for the payment of the debt service on the obligations or | 997 |
met other stated conditions; | 998 |
(6) In the event of default in any payments required to be | 999 |
made by the bond proceedings, or by any other agreement of the | 1000 |
issuing authority made as part of a contract under which the | 1001 |
obligations were issued or secured, including a credit enhancement | 1002 |
facility, the enforcement of those payments by mandamus, a suit in | 1003 |
equity, an action at law, or any combination of those remedial | 1004 |
actions; | 1005 |
(7) The rights and remedies of the holders or owners of | 1006 |
obligations or of book-entry interests in them, and of third | 1007 |
parties under any credit enhancement facility, and provisions for | 1008 |
protecting and enforcing those rights and remedies, including | 1009 |
limitations on rights of individual holders or owners; | 1010 |
(8) The replacement of mutilated, destroyed, lost, or stolen | 1011 |
obligations; | 1012 |
(9) The funding, refunding, or advance refunding, or other | 1013 |
provision for payment, of obligations that will then no longer be | 1014 |
outstanding for purposes of this section or of the applicable bond | 1015 |
proceedings; | 1016 |
(10) Amendment of the bond proceedings; | 1017 |
(11) Any other or additional agreements with the owners of | 1018 |
obligations, and such other provisions as the issuing authority | 1019 |
determines, including limitations, conditions, or qualifications, | 1020 |
relating to any of the foregoing. | 1021 |
(F) The great seal of the state or a facsimile of it may be | 1022 |
affixed to or printed on the obligations. The obligations | 1023 |
requiring execution by or for the issuing authority shall be | 1024 |
signed as provided in the bond proceedings. Any obligations may | 1025 |
be signed by the individual who on the date of execution is the | 1026 |
authorized signer although on the date of these obligations that | 1027 |
individual is not an authorized signer. In case the individual | 1028 |
whose signature or facsimile signature appears on any obligation | 1029 |
ceases to be an authorized signer before delivery of the | 1030 |
obligation, that signature or facsimile is nevertheless valid and | 1031 |
sufficient for all purposes as if that individual had remained the | 1032 |
authorized signer until delivery. | 1033 |
(G) Obligations are investment securities under Chapter | 1034 |
1308. of the Revised Code. Obligations may be issued in bearer or | 1035 |
in registered form, registrable as to principal alone or as to | 1036 |
both principal and interest, or both, or in certificated or | 1037 |
uncertificated form, as the issuing authority determines. | 1038 |
Provision may be made for the exchange, conversion, or transfer of | 1039 |
obligations and for reasonable charges for registration, exchange, | 1040 |
conversion, and transfer. Pending preparation of final | 1041 |
obligations, the issuing authority may provide for the issuance of | 1042 |
interim instruments to be exchanged for the final obligations. | 1043 |
(H) Obligations may be sold at public sale or at private | 1044 |
sale, in such manner, and at such price at, above or below par, | 1045 |
all as determined by and provided by the issuing authority in the | 1046 |
bond proceedings. | 1047 |
(I) Except to the extent that rights are restricted by the | 1048 |
bond proceedings, any owner of obligations or provider of a credit | 1049 |
enhancement facility may by any suitable form of legal proceedings | 1050 |
protect and enforce any rights relating to obligations or that | 1051 |
facility under the laws of this state or granted by the bond | 1052 |
proceedings. Those rights include the right to compel the | 1053 |
performance of all applicable duties of the issuing authority and | 1054 |
the state. Each duty of the issuing authority and that | 1055 |
authority's officers, staff, and employees, and of each state | 1056 |
entity or agency, or using district or using institution, and its | 1057 |
officers, members, staff, or employees, undertaken pursuant to the | 1058 |
bond proceedings, is hereby established as a duty of the entity or | 1059 |
individual having authority to perform that duty, specifically | 1060 |
enjoined by law and resulting from an office, trust, or station | 1061 |
within the meaning of section 2731.01 of the Revised Code. The | 1062 |
individuals who are from time to time the issuing authority, | 1063 |
members or officers of the issuing authority, or those members' | 1064 |
designees acting pursuant to section 154.02 of the Revised Code, | 1065 |
or the issuing authority's officers, staff, or employees, are not | 1066 |
liable in their personal capacities on any obligations or | 1067 |
otherwise under the bond proceedings. | 1068 |
(J)(1) Subject to
| 1069 |
Section 17, of Article VIII, Ohio Constitution and sections 151.01 | 1070 |
to
| 1071 |
authority may, in addition to the authority referred to in | 1072 |
division (B) of this section, authorize and provide for the | 1073 |
issuance of: | 1074 |
(a) Obligations in the form of bond anticipation notes, and | 1075 |
may provide for the renewal of those notes from time to time by | 1076 |
the issuance of new notes. The holders of notes or appertaining | 1077 |
interest coupons have the right to have debt service on those | 1078 |
notes paid solely from the moneys and special funds that are or | 1079 |
may be pledged to that payment, including the proceeds of bonds or | 1080 |
renewal notes or both, as the issuing authority provides in the | 1081 |
bond proceedings authorizing the notes. Notes may be additionally | 1082 |
secured by covenants of the issuing authority to the effect that | 1083 |
the issuing authority and the state will do all things necessary | 1084 |
for the issuance of bonds or renewal notes in such principal | 1085 |
amount and upon such terms as may be necessary to provide moneys | 1086 |
to pay when due the debt service on the notes, and apply their | 1087 |
proceeds to the extent necessary, to make full and timely payment | 1088 |
of debt service on the notes as provided in the applicable bond | 1089 |
proceedings. In the bond proceedings authorizing the issuance of | 1090 |
bond anticipation notes the issuing authority shall set forth for | 1091 |
the bonds anticipated an estimated schedule of annual principal | 1092 |
payments the latest of which shall be no later than provided in | 1093 |
division (C) of this section. While the notes are outstanding | 1094 |
there shall be deposited, as shall be provided in the bond | 1095 |
proceedings for those notes, from the sources authorized for | 1096 |
payment of debt service on the bonds, amounts sufficient to pay | 1097 |
the principal of the bonds anticipated as set forth in that | 1098 |
estimated schedule during the time the notes are outstanding, | 1099 |
which amounts shall be used solely to pay the principal of those | 1100 |
notes or of the bonds anticipated. | 1101 |
(b) Obligations for the refunding, including funding and | 1102 |
retirement, and advance refunding with or without payment or | 1103 |
redemption prior to maturity, of any obligations previously | 1104 |
issued. Refunding obligations may be issued in amounts sufficient | 1105 |
to pay or to provide for repayment of the principal amount, | 1106 |
including principal amounts maturing prior to the redemption of | 1107 |
the remaining prior obligations, any redemption premium, and | 1108 |
interest accrued or to accrue to the maturity or redemption date | 1109 |
or dates, payable on the prior obligations, and related financing | 1110 |
costs and any expenses incurred or to be incurred in connection | 1111 |
with that issuance and refunding. Subject to the applicable bond | 1112 |
proceedings, the portion of the proceeds of the sale of refunding | 1113 |
obligations issued under division (J)(1)(b) of this section to be | 1114 |
applied to debt service on the prior obligations shall be credited | 1115 |
to an appropriate separate account in the bond service fund and | 1116 |
held in trust for the purpose by the issuing authority or by a | 1117 |
corporate trustee. Obligations authorized under this division | 1118 |
shall be considered to be issued for those purposes for which the | 1119 |
prior obligations were issued. | 1120 |
(2) Except as otherwise provided in sections 151.01 to | 1121 |
1122 | |
authorized pursuant to division (J) of this section are subject to | 1123 |
the provisions of those sections pertaining to obligations | 1124 |
generally. | 1125 |
(3) The principal amount of refunding or renewal obligations | 1126 |
issued pursuant to division (J) of this section shall be in | 1127 |
addition to the amount authorized by the general assembly as | 1128 |
referred to in division (B) of the following sections: section | 1129 |
151.03, 151.04, 151.05,
151.06, 151.07,
| 1130 |
151.40 of the Revised Code. | 1131 |
(K) Obligations are lawful investments for banks, savings | 1132 |
and loan associations, credit union share guaranty corporations, | 1133 |
trust companies, trustees, fiduciaries, insurance companies, | 1134 |
including domestic for life and domestic not for life, trustees or | 1135 |
other officers having charge of sinking and bond retirement or | 1136 |
other special funds of the state and political subdivisions and | 1137 |
taxing districts of this state, the sinking fund, the | 1138 |
administrator of workers' compensation subject to the approval of | 1139 |
the workers' compensation board, the state teachers retirement | 1140 |
system, the public employees retirement system, the school | 1141 |
employees retirement system, and the Ohio police and fire pension | 1142 |
fund, notwithstanding any other provisions of the Revised Code or | 1143 |
rules adopted pursuant to those provisions by any state agency | 1144 |
with respect to investments by them, and are also acceptable as | 1145 |
security for the repayment of the deposit of public moneys. The | 1146 |
exemptions from taxation in Ohio as provided for in particular | 1147 |
sections of the Ohio Constitution and section 5709.76 of the | 1148 |
Revised Code apply to the obligations. | 1149 |
(L)(1) Unless otherwise provided or provided for in any | 1150 |
applicable bond proceedings, moneys to the credit of or in a | 1151 |
special fund shall be disbursed on the order of the issuing | 1152 |
authority. No such order is required for the payment, from the | 1153 |
bond service fund or other special fund, when due of debt service | 1154 |
or required payments under credit enhancement facilities. | 1155 |
(2) Payments received by the state under interest rate | 1156 |
hedges entered into as credit enhancement facilities under this | 1157 |
chapter shall be deposited to the credit of the bond service fund | 1158 |
for the obligations to which those credit enhancement facilities | 1159 |
relate. | 1160 |
(M) The full faith and credit, revenue, and taxing power of | 1161 |
the state are and shall be pledged to the timely payment of debt | 1162 |
service on outstanding obligations as it comes due, all in | 1163 |
accordance with Section 2l, 2m, 2n, 2o, or 15 of Article VIII, | 1164 |
Ohio Constitution, and section 151.03, 151.04, 151.05, 151.06, | 1165 |
151.07,
| 1166 |
to in Section 5a of Article XII, Ohio Constitution, may not be | 1167 |
pledged or used for the payment of debt service except on | 1168 |
obligations referred to in section 151.06 of the Revised Code. The | 1169 |
state covenants, and that covenant shall be controlling | 1170 |
notwithstanding any other provision of law, that the state and the | 1171 |
applicable officers and agencies of the state, including the | 1172 |
general assembly, shall, so long as any obligations are | 1173 |
outstanding in accordance with their terms, maintain statutory | 1174 |
authority for and cause to be levied, collected and applied | 1175 |
sufficient pledged excises, taxes, and revenues of the state so | 1176 |
that the revenues shall be sufficient in amounts to pay debt | 1177 |
service when due, to establish and maintain any reserves and other | 1178 |
requirements, and to pay financing costs, including costs of or | 1179 |
relating to credit enhancement facilities, all as provided for in | 1180 |
the bond proceedings. Those excises, taxes, and revenues are and | 1181 |
shall be deemed to be levied and collected, in addition to the | 1182 |
purposes otherwise provided for by law, to provide for the payment | 1183 |
of debt service and financing costs in accordance with sections | 1184 |
151.01 to 151.08 of the Revised Code and the bond proceedings. | 1185 |
(N) The general assembly may from time to time repeal or | 1186 |
reduce any excise, tax, or other source of revenue pledged to the | 1187 |
payment of the debt service pursuant to Section 2l, 2m, 2n, 2o, or | 1188 |
15 of Article VIII, Ohio Constitution, and sections 151.01 to | 1189 |
1190 | |
any new or increased excise, tax, or revenue to meet the pledge, | 1191 |
to the payment of debt service on outstanding obligations, of the | 1192 |
state's full faith and credit, revenue and taxing power, except | 1193 |
fees, excises or taxes referred to in Section 5a of Article XII, | 1194 |
Ohio Constitution, for other than obligations referred to in | 1195 |
section 151.06 of the Revised Code and except net state lottery | 1196 |
proceeds for other than obligations referred to in section 151.03 | 1197 |
of the Revised Code. Nothing in division (N) of this section | 1198 |
authorizes any impairment of the obligation of this state to levy | 1199 |
and collect sufficient excises, taxes, and revenues to pay debt | 1200 |
service on obligations outstanding in accordance with their terms. | 1201 |
(O) Each bond service fund is a trust fund and is hereby | 1202 |
pledged to the payment of debt service on the applicable | 1203 |
obligations. Payment of that debt service shall be made or | 1204 |
provided for by the issuing authority in accordance with the bond | 1205 |
proceedings without necessity for any act of appropriation. The | 1206 |
bond proceedings may provide for the establishment of separate | 1207 |
accounts in the bond service fund and for the application of those | 1208 |
accounts only to debt service on specific obligations, and for | 1209 |
other accounts in the bond service fund within the general | 1210 |
purposes of that fund. | 1211 |
(P) Subject to the bond proceedings pertaining to any | 1212 |
obligations then outstanding in accordance with their terms, the | 1213 |
issuing authority may in the bond proceedings pledge all, or such | 1214 |
portion as the issuing authority determines, of the moneys in the | 1215 |
bond service fund to the payment of debt service on particular | 1216 |
obligations, and for the establishment and maintenance of any | 1217 |
reserves for payment of particular debt service. | 1218 |
(Q)
| 1219 |
151.09 of the Revised Code, the issuing authority shall by the | 1220 |
fifteenth day of the July of each fiscal year, certify or cause to | 1221 |
be certified to the office of budget and management the total | 1222 |
amount of moneys required during the current fiscal year to meet | 1223 |
in full all debt service on the respective obligations and any | 1224 |
related financing costs payable from the applicable bond service | 1225 |
fund and not from the proceeds of refunding or renewal | 1226 |
obligations. The issuing authority shall make or cause to be made | 1227 |
supplemental certifications to the office of budget and management | 1228 |
for each debt service payment date and at such other times during | 1229 |
each fiscal year as may be provided in the bond proceedings or | 1230 |
requested by that office. Debt service, costs of credit | 1231 |
enhancement facilities, and other financing costs shall be set | 1232 |
forth separately in each certification. If and so long as the | 1233 |
moneys to the credit of the bond service fund, together with any | 1234 |
other moneys available for the purpose, are insufficient to meet | 1235 |
in full all payments when due of the amount required as stated in | 1236 |
the certificate or otherwise, the office of budget and management | 1237 |
shall at the times as provided in the bond proceedings, and | 1238 |
consistent with any particular provisions in sections 151.03 to | 1239 |
1240 | |
the bond service fund from the revenues derived from excises, | 1241 |
taxes, and other revenues, including net state lottery proceeds in | 1242 |
the case of obligations referred to in section 151.03 of the | 1243 |
Revised Code. | 1244 |
(R) Unless otherwise provided in any applicable bond | 1245 |
proceedings, moneys to the credit of special funds may be invested | 1246 |
by or on behalf of the state only in one or more of the following: | 1247 |
(1) Notes, bond, or other direct obligations of the United | 1248 |
States or of any agency or instrumentality of the United States, | 1249 |
or in no-front-end-load money market mutual funds consisting | 1250 |
exclusively of those obligations, or in repurchase agreements, | 1251 |
including those issued by any fiduciary, secured by those | 1252 |
obligations, or in collective investment funds consisting | 1253 |
exclusively of those obligations; | 1254 |
(2) Obligations of this state or any political subdivision | 1255 |
of this state; | 1256 |
(3) Certificates of deposit of any national bank located in | 1257 |
this state and any bank, as defined in section 1101.01 of the | 1258 |
Revised Code, subject to inspection by the superintendent of | 1259 |
financial institutions; | 1260 |
(4) The treasurer of state's pooled investment program under | 1261 |
section 135.45 of the Revised Code. | 1262 |
The income from investments referred to in division (R) of | 1263 |
this section shall, unless otherwise provided in sections 151.01 | 1264 |
to
| 1265 |
special funds or otherwise as the issuing authority determines in | 1266 |
the bond proceedings. Those investments may be sold or exchanged | 1267 |
at times as the issuing authority determines, provides for, or | 1268 |
authorizes. | 1269 |
(S) The treasurer of state shall have responsibility for | 1270 |
keeping records, making reports, and making payments, relating to | 1271 |
any arbitrage rebate requirements under the applicable bond | 1272 |
proceedings. | 1273 |
Sec. 151.09. (A) As used in this section: | 1274 |
(1) "Costs of conservation projects" includes related direct | 1275 |
administrative expenses and allocable portions of the direct costs | 1276 |
of those projects of the department of agriculture or Ohio public | 1277 |
works commission. | 1278 |
(2) "Obligations" means obligations issued to pay costs of | 1279 |
projects for conservation purposes as referred to in division | 1280 |
(A)(1) of Section 2o of Article VIII, Ohio Constitution. | 1281 |
(B) The issuing authority shall issue general obligations | 1282 |
of the state to pay costs of conservation projects pursuant to | 1283 |
division (B)(1) of Section 2o of Article VIII, Ohio Constitution, | 1284 |
section 151.01 of the Revised Code, and this section. The issuing | 1285 |
authority, upon the certification to it by the Ohio public works | 1286 |
commission of amounts needed in and for the purposes of the clean | 1287 |
Ohio conservation fund created by section 164.27 of the Revised | 1288 |
Code, shall issue obligations in the amount determined by the | 1289 |
issuing authority to be required for those purposes. | 1290 |
(C) Net proceeds of obligations shall be deposited into the | 1291 |
clean Ohio conservation fund created by section 164.27 of the | 1292 |
Revised Code. | 1293 |
(D) There is hereby created in the state treasury the | 1294 |
conservation projects bond service fund. All moneys received by | 1295 |
the state and required by the bond proceedings, consistent with | 1296 |
section 151.01 of the Revised Code and this section, to be | 1297 |
deposited, transferred, or credited to the bond service fund, and | 1298 |
all other moneys transferred or allocated to or received for the | 1299 |
purposes of that fund, shall be deposited and credited to the bond | 1300 |
service fund, subject to any applicable provisions of the bond | 1301 |
proceedings, but without necessity for any act of appropriation. | 1302 |
During the period beginning with the date of the first issuance of | 1303 |
obligations and continuing during the time that any obligations | 1304 |
are outstanding in accordance with their terms, so long as moneys | 1305 |
in the bond service fund are insufficient to pay debt service when | 1306 |
due on those obligations payable from that fund, except the | 1307 |
principal amounts of bond anticipation notes payable from the | 1308 |
proceeds of renewal notes or bonds anticipated, and due in the | 1309 |
particular fiscal year, a sufficient amount of revenues of the | 1310 |
state is committed and, without necessity for further act of | 1311 |
appropriation, shall be paid to the bond service fund for the | 1312 |
purpose of paying that debt service when due. | 1313 |
Sec. 151.40. (A) As used in this section: | 1314 |
(1) "Bond proceedings" includes any trust agreements, and | 1315 |
any amendments or supplements to them, as authorized by this | 1316 |
section. | 1317 |
(2) "Costs of revitalization projects" includes related | 1318 |
direct administrative expenses and allocable portions of the | 1319 |
direct costs of those projects of the department of development or | 1320 |
the environmental protection agency. | 1321 |
(3) "Issuing authority" means the treasurer of state. | 1322 |
(4) "Obligations" means obligations issued to pay the costs | 1323 |
of projects for revitalization purposes as referred to in division | 1324 |
(A)(2) of Section 2o of Article VIII, Ohio Constitution. | 1325 |
(5) "Pledged liquor profits" means all receipts of the | 1326 |
state representing the gross profit on the sale of spirituous | 1327 |
liquor, as referred to in division (B)(4) of section 4301.10 of | 1328 |
the Revised Code, after paying all costs and expenses of the | 1329 |
division of liquor control and providing an adequate working | 1330 |
capital reserve for the division of liquor control as provided in | 1331 |
that division, but excluding the sum required by the second | 1332 |
paragraph of section 4301.12 of the Revised Code, as it was in | 1333 |
effect on May 2, 1980, to be paid into the state treasury. | 1334 |
(6) "Pledged receipts" means, as and to the extent provided | 1335 |
in bond proceedings: | 1336 |
(a) Pledged liquor profits. The pledge of pledged liquor | 1337 |
profits to obligations is subject to the priority of the pledge of | 1338 |
those profits to obligations issued and to be issued, and | 1339 |
guarantees made and to be made, pursuant to Chapter 166. of the | 1340 |
Revised Code. | 1341 |
(b) Moneys accruing to the state from the lease, sale, or | 1342 |
other disposition or use of revitalization projects or from the | 1343 |
repayment, including any interest, of loans or advances made from | 1344 |
net proceeds; | 1345 |
(c) Accrued interest received from the sale of obligations; | 1346 |
(d) Income from the investment of the special funds; | 1347 |
(e) Any gifts, grants, donations, or pledges, and receipts | 1348 |
therefrom, available for the payment of debt service. | 1349 |
(B) The issuing authority shall issue obligations of the | 1350 |
state to pay costs of revitalization projects pursuant to division | 1351 |
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section | 1352 |
151.01 of the Revised Code as applicable to this section, and this | 1353 |
section. The issuing authority, upon the certification to it by | 1354 |
the clean Ohio council of the amount of moneys needed in and for | 1355 |
the purposes of the clean Ohio revitalization fund created by | 1356 |
section 122.658 of the Revised Code, shall issue obligations in | 1357 |
the amount determined by the issuing authority to be required for | 1358 |
those purposes. The provisions and authorizations in section | 1359 |
151.01 of the Revised Code apply to the obligations and the bond | 1360 |
proceedings except as otherwise provided or provided for in those | 1361 |
obligations and bond proceedings. | 1362 |
(C) Net proceeds of obligations shall be deposited in the | 1363 |
clean Ohio revitalization fund created in section 122.658 of the | 1364 |
Revised Code. | 1365 |
(D) There is hereby created the revitalization projects | 1366 |
bond service fund, which shall be in the custody of the treasurer | 1367 |
of state, but shall be separate and apart from and not a part of | 1368 |
the state treasury. All money received by the state and required | 1369 |
by the bond proceedings, consistent with section 151.01 of the | 1370 |
Revised Code and this section, to be deposited, transferred, or | 1371 |
credited to the bond service fund, and all other money transferred | 1372 |
or allocated to or received for the purposes of that fund, shall | 1373 |
be deposited and credited to the bond service fund, subject to any | 1374 |
applicable provisions of the bond proceedings, but without | 1375 |
necessity for any act of appropriation. During the period | 1376 |
beginning with the date of the first issuance of obligations and | 1377 |
continuing during the time that any obligations are outstanding in | 1378 |
accordance with their terms, so long as moneys in the bond service | 1379 |
fund are insufficient to pay debt service when due on those | 1380 |
obligations payable from that fund, except the principal amounts | 1381 |
of bond anticipation notes payable from the proceeds of renewal | 1382 |
notes or bonds anticipated, and due in the particular fiscal year, | 1383 |
a sufficient amount of pledged receipts is committed and, without | 1384 |
necessity for further act of appropriation, shall be paid to the | 1385 |
bond service fund for the purpose of paying that debt service when | 1386 |
due. | 1387 |
(E) The issuing authority may pledge all, or such portion | 1388 |
as the issuing authority determines, of the pledged receipts to | 1389 |
the payment of the debt service charges on obligations issued | 1390 |
under this section, and for the establishment and maintenance of | 1391 |
any reserves, as provided in the bond proceedings, and make other | 1392 |
provisions in the bond proceedings with respect to pledged | 1393 |
receipts as authorized by this section, which provisions are | 1394 |
controlling notwithstanding any other provisions of law pertaining | 1395 |
to them. | 1396 |
(F) The issuing authority may covenant in the bond | 1397 |
proceedings, and such covenants shall be controlling | 1398 |
notwithstanding any other provision of law, that the state and | 1399 |
applicable officers and state agencies, including the general | 1400 |
assembly, so long as any obligations issued under this section are | 1401 |
outstanding, shall maintain statutory authority for and cause to | 1402 |
be charged and collected wholesale or retail prices for spirituous | 1403 |
liquor sold by the state or its agents so that the available | 1404 |
pledged receipts are sufficient in time and amount to meet debt | 1405 |
service payable from pledged liquor profits and for the | 1406 |
establishment and maintenance of any reserves and other | 1407 |
requirements provided for in the bond proceedings. | 1408 |
(G) Obligations may be further secured, as determined by | 1409 |
the issuing authority, by a trust agreement between the state and | 1410 |
a corporate trustee, which may be any trust company or bank having | 1411 |
its principal place of business within the state. Any trust | 1412 |
agreement may contain the resolution or order authorizing the | 1413 |
issuance of the obligations, any provisions that may be contained | 1414 |
in any bond proceedings, and other provisions that are customary | 1415 |
or appropriate in an agreement of that type, including, but not | 1416 |
limited to: | 1417 |
(1) Maintenance of each pledge, trust agreement, or other | 1418 |
instrument comprising part of the bond proceedings until the state | 1419 |
has fully paid or provided for the payment of debt service on the | 1420 |
obligations secured by it; | 1421 |
(2) In the event of default in any payments required to be | 1422 |
made by the bond proceedings, enforcement of those payments or | 1423 |
agreements by mandamus, the appointment of a receiver, suit in | 1424 |
equity, action at law, or any combination of them; | 1425 |
(3) The rights and remedies of the holders or owners of | 1426 |
obligations and of the trustee and provisions for protecting and | 1427 |
enforcing them, including limitations on rights of individual | 1428 |
holders and owners. | 1429 |
(H) The obligations shall not be general obligations of the | 1430 |
state and the full faith and credit, revenue, and taxing power of | 1431 |
the state shall not be pledged to the payment of debt service on | 1432 |
them. The holders or owners of the obligations shall have no right | 1433 |
to have any moneys obligated or pledged for the payment of debt | 1434 |
services except as provided in this section and in the applicable | 1435 |
bond proceedings. The rights of the holders and owners to payment | 1436 |
of debt service are limited to all or that portion of the pledged | 1437 |
receipts, and those special funds, pledged to the payment of debt | 1438 |
service pursuant to the bond proceedings in accordance with this | 1439 |
section, and each obligation shall bear on its face a statement to | 1440 |
that effect. | 1441 |
Sec. 164.02. (A) The general assembly finds that public | 1442 |
infrastructure capital improvements are necessary to preserve the | 1443 |
public capital infrastructure of local subdivisions, ensure the | 1444 |
public health, safety, and welfare, create and preserve jobs, | 1445 |
enhance employment opportunities, and improve the economic welfare | 1446 |
of the people of this state. Accordingly, it is declared to be | 1447 |
the public policy of this state, through the operation of this | 1448 |
chapter and pursuant to Sections 2k and 2m of Article VIII, Ohio | 1449 |
Constitution, to assist local subdivisions to finance public | 1450 |
infrastructure capital improvements. In furtherance of such | 1451 |
public policy and to implement such purpose, there is hereby | 1452 |
created the Ohio public works commission consisting of seven | 1453 |
members who shall be appointed as follows: two persons shall be | 1454 |
appointed by the speaker of the house of representatives; one | 1455 |
person shall be appointed by the minority leader of the house of | 1456 |
representatives; two persons shall be appointed by the president | 1457 |
of the senate; one person shall be appointed by the minority | 1458 |
leader of the senate; and one person from the private sector, who | 1459 |
shall have at least eight years experience in matters of public | 1460 |
finance, shall be appointed alternately by the speaker of the | 1461 |
house of representatives and the president of the senate, with the | 1462 |
speaker of the house making the first appointment. The director | 1463 |
of transportation, the director of environmental protection, the | 1464 |
director of development, the director of natural resources, and | 1465 |
the chairperson of the Ohio water development authority shall be | 1466 |
nonvoting, ex officio members of the commission. The initial | 1467 |
appointments made to the commission by the minority leaders of the | 1468 |
senate and house of representatives and one of the initial | 1469 |
appointments made by the speaker of the house of representatives | 1470 |
and the president of the senate shall be for terms ending December | 1471 |
31, 1989; one of the initial appointments made by the speaker of | 1472 |
the house of representatives and the president of the senate shall | 1473 |
be for terms ending December 31, 1990; and the initial term of the | 1474 |
appointment to the commission
| 1475 |
the speaker of the house of representatives and the president of | 1476 |
the senate shall be for a term ending December 31, 1989. | 1477 |
Thereafter, terms of office shall be for three years, each term | 1478 |
ending on the same day of the same month of the year as did the | 1479 |
term which it succeeds. Each member shall hold office from the | 1480 |
date of appointment until the end of the term for which the member | 1481 |
is appointed. Members may be reappointed one time. Vacancies | 1482 |
shall be filled in the same manner provided for original | 1483 |
appointments. Any member appointed to fill a vacancy occurring | 1484 |
prior to the expiration date of the term for which the member's | 1485 |
predecessor was appointed shall hold office for the remainder of | 1486 |
that term. A member shall continue in office subsequent to the | 1487 |
expiration date of the member's term until the member's successor | 1488 |
takes office or until a period of sixty days has elapsed, | 1489 |
whichever occurs first. | 1490 |
The commission shall elect a chairperson, vice-chairperson, | 1491 |
and other officers as it considers advisable. Four members | 1492 |
constitute a quorum. Members of the commission shall serve | 1493 |
without compensation but shall be reimbursed for their actual and | 1494 |
necessary expenses incurred in the
| 1495 |
duties. | 1496 |
(B) The Ohio public works commission shall: | 1497 |
(1) Review and evaluate persons who will be recommended to | 1498 |
the governor for appointment to the position of director of the | 1499 |
Ohio public works commission, and, when the commission considers | 1500 |
it appropriate, recommend the removal of a director; | 1501 |
(2) Provide the governor with a list of names of three | 1502 |
persons who are, in the judgment of the commission, qualified to | 1503 |
be appointed to the position of director. The commission shall | 1504 |
provide the list, which may include the name of the incumbent | 1505 |
director to the governor, not later than sixty days prior to the | 1506 |
expiration of the term of such incumbent director. A director | 1507 |
shall serve a two-year term upon initial appointment, and | 1508 |
four-year terms if subsequently reappointed by the governor; | 1509 |
however, the governor may remove a director at any time following | 1510 |
the commission's recommendation of such action. Upon the | 1511 |
expiration of a director's term, or in the case of the | 1512 |
resignation, death, or removal of a director, the commission shall | 1513 |
provide such list of the names of three persons to the governor | 1514 |
within thirty days of such expiration, resignation, death, or | 1515 |
removal. Nothing in this section shall prevent the governor, in | 1516 |
the governor's discretion, from rejecting all of the nominees of | 1517 |
the commission and requiring the commission to select three | 1518 |
additional nominees. However, when the governor has requested and | 1519 |
received a second list of three additional names, the governor | 1520 |
shall make the appointment from one of the names on the first list | 1521 |
or the second list. Appointment by the governor is subject to the | 1522 |
advice and consent of the senate. | 1523 |
In the case of the resignation, removal, or death of the | 1524 |
director during the director's term of office, a successor shall | 1525 |
be chosen for the remainder of the term in the same manner as is | 1526 |
provided for an original appointment. | 1527 |
(3) Provide oversight to the director and advise in the | 1528 |
development of policy guidelines for the implementation of this | 1529 |
chapter, and report and make recommendations to the general | 1530 |
assembly with respect to such implementation; | 1531 |
(4) Adopt bylaws to govern the conduct of the commission's | 1532 |
business; | 1533 |
(5) Appoint the members of the Ohio small government capital | 1534 |
improvements commission in accordance with division (C) of this | 1535 |
section. | 1536 |
(C)(1) There is hereby created the Ohio small government | 1537 |
capital improvements commission. The commission shall consist of | 1538 |
ten members, including the director of transportation, the | 1539 |
director of environmental protection, and the chairperson of the | 1540 |
Ohio water development authority as nonvoting, ex officio members | 1541 |
and seven voting members appointed by the Ohio public works | 1542 |
commission. Each such appointee shall be a member of a district | 1543 |
public works integrating committee who was appointed to the | 1544 |
integrating committee pursuant to the majority vote of the chief | 1545 |
executive officers of the villages of the appointee's district or | 1546 |
by a majority of the boards of township trustees of the | 1547 |
appointee's district. | 1548 |
(2) Two of the initial appointments shall be for terms | 1549 |
ending two years after March 29, 1988. The remaining initial | 1550 |
appointments shall be for terms ending three years after March 29, | 1551 |
1988. Thereafter, terms of office shall be for two years, with | 1552 |
each term ending on the same date of the same month as did the | 1553 |
term that it succeeds. Each member shall hold office from the | 1554 |
date of appointment until the end of the term for which the member | 1555 |
is appointed. Vacancies shall be filled in the same manner as | 1556 |
original appointments. Any member appointed to fill a vacancy | 1557 |
occurring prior to the expiration date of the term for which the | 1558 |
member's predecessor was appointed shall hold office as a member | 1559 |
for the remainder of that term. A member shall continue in office | 1560 |
subsequent to the expiration of the member's term until the | 1561 |
member's successor takes office or until a period of sixty days | 1562 |
has elapsed, whichever occurs first. Members of the commission | 1563 |
may be reappointed to serve two additional terms, except that no | 1564 |
member appointed to an initial term of three years may be | 1565 |
reappointed to more than one additional term. No more than two | 1566 |
members of the commission may be members of the same district | 1567 |
public works integrating committee. | 1568 |
(3) The Ohio small government capital improvements | 1569 |
commission shall elect one of its appointed members as chairperson | 1570 |
and another as vice-chairperson. Four voting members of the | 1571 |
commission constitute a quorum, and the affirmative vote of four | 1572 |
appointed members is required for any action taken by vote of the | 1573 |
commission. No vacancy in the membership of the commission shall | 1574 |
impair the right of a quorum by an affirmative vote of four | 1575 |
appointed members to exercise all rights and perform all duties of | 1576 |
the commission. Members of the commission shall serve without | 1577 |
compensation, but shall be reimbursed for their actual and | 1578 |
necessary expenses incurred in the performance of their duties. | 1579 |
(D) The Ohio small government capital improvements | 1580 |
commission shall: | 1581 |
(1) Advise the general assembly on the development of policy | 1582 |
guidelines for the implementation of this chapter, especially as | 1583 |
it relates to the interests of small governments and the use of | 1584 |
the portion of bond proceeds set aside for the exclusive use of | 1585 |
townships and villages; | 1586 |
(2) Advise the township and village subcommittees of the | 1587 |
various district public works integrating committees concerning | 1588 |
the selection of projects for which the use of such proceeds will | 1589 |
be authorized; | 1590 |
(3) Affirm or overrule the recommendations of its | 1591 |
administrator made in accordance with section 164.051 of the | 1592 |
Revised Code concerning requests from townships and villages for | 1593 |
financial assistance for capital improvement projects. | 1594 |
(E) Membership on the Ohio public works commission or the | 1595 |
Ohio small government capital improvements commission does not | 1596 |
constitute the holding of a public office. No appointed member | 1597 |
shall be required, by reason of section 101.26 of the Revised | 1598 |
Code, to resign from or forfeit membership in the general | 1599 |
assembly. | 1600 |
Notwithstanding any provision of law to the contrary, a | 1601 |
county, municipal, or township public official may serve as a | 1602 |
member of the Ohio public works commission or the Ohio small | 1603 |
government capital improvements commission. | 1604 |
Members of the commissions established by this section do not | 1605 |
have an unlawful interest in a public contract under section | 1606 |
2921.42 of the Revised Code solely by virtue of the receipt of | 1607 |
financial assistance under this chapter by the local subdivision | 1608 |
of which they are also a public official or appointee. | 1609 |
(F) The director of the Ohio public works commission shall | 1610 |
administer the small counties capital improvement program, which | 1611 |
is hereby created. The program shall provide financial assistance | 1612 |
to county governments of counties that have a population of less | 1613 |
than eighty-five thousand according to the most recent decennial | 1614 |
census. Under the program, the director shall review and may | 1615 |
approve projects submitted by subcommittees of district public | 1616 |
works integrating committees under division (E) of section 164.06 | 1617 |
of the Revised Code. In approving projects, the director shall be | 1618 |
guided by the provisions of division (B) of that section, while | 1619 |
taking into consideration the special capital improvement needs of | 1620 |
small counties. | 1621 |
Sec. 164.20. (A) Notwithstanding section 164.01 of the | 1622 |
Revised Code, as used in sections 164.20 to 164.28 of the Revised | 1623 |
Code, "local political subdivision" means a county, municipal | 1624 |
corporation, township, conservancy district, soil and water | 1625 |
conservation district, joint recreation district, park district, | 1626 |
or other similar park authority. | 1627 |
(B) As used in sections 164.20 to 164.28 of the Revised | 1628 |
Code, "nonprofit organization" means an organization that has as | 1629 |
one of its purposes effectuating the preservation or restoration | 1630 |
of natural resources or the preservation, creation, or | 1631 |
rehabilitation of parks and recreation areas and that is exempt | 1632 |
from federal income taxation pursuant to 26 U.S.C. 501(a) and | 1633 |
described in 26 U.S.C. 501(c). | 1634 |
(C) For the purposes of sections 164.20 to 164.28 of the | 1635 |
Revised Code, the definition of "project" in section 164.01 of the | 1636 |
Revised Code does not apply. | 1637 |
Sec. 164.21. (A) Each district public works integrating | 1638 |
committee or, if applicable, the executive committee of the | 1639 |
integrating committee shall appoint a natural resources assistance | 1640 |
council consisting of eleven members. Of the eleven members, one | 1641 |
shall be a member of the appointing integrating committee and one | 1642 |
shall represent a soil and water conservation district that is | 1643 |
located within the geographical jurisdiction of the appointing | 1644 |
integrating committee. The nine other members of the council | 1645 |
shall be appointed from the following categories of organizations, | 1646 |
units of government, or agencies and shall include at least one | 1647 |
member from each of those categories: | 1648 |
(1) A county, municipal corporation, township, conservancy | 1649 |
district, regional or joint district or unit of local government, | 1650 |
or regional or joint political subdivision that is located within | 1651 |
the geographical jurisdiction of the appointing integrating | 1652 |
committee; | 1653 |
(2) A conservation organization, an environmental advocacy | 1654 |
organization, an organization with a primary interest in watershed | 1655 |
protection and restoration, the department of natural resources, | 1656 |
the environmental protection agency, or the United States natural | 1657 |
resources conservation service; | 1658 |
(3) A city park system or metropolitan park system or a | 1659 |
board of park commissioners from a county that is located within | 1660 |
the geographical jurisdiction of the appointing integrating | 1661 |
committee, a statewide parks and recreation organization, an | 1662 |
organization with a primary interest in the development of | 1663 |
recreational trails, or the United States national park service; | 1664 |
(4) A statewide organization representing agriculture, an | 1665 |
organization representing forestry interests, the department of | 1666 |
agriculture, or the United States department of agriculture; | 1667 |
(5) An organization representing business, local realtors, | 1668 |
or a planning agency, including a port authority, located within | 1669 |
the geographical jurisdiction of the appointing integrating | 1670 |
committee. | 1671 |
No organization, unit of government, or agency that is | 1672 |
listed in divisions (A)(1) to (5) of this section shall be | 1673 |
represented by more than one member on the council at any given | 1674 |
time. The membership of a natural resources assistance council | 1675 |
shall reflect the demographic and economic diversity of the | 1676 |
population located within the geographical area represented by the | 1677 |
council. | 1678 |
A council shall be appointed by the appropriate integrating | 1679 |
committee not later than sixty days after the effective date of | 1680 |
this section. Of the initial members appointed to the council, | 1681 |
four shall be appointed for one year, four shall be appointed for | 1682 |
two years, and three shall be appointed for three years. | 1683 |
Thereafter, terms of office for members of the council shall be | 1684 |
for three years, with each term ending on the same day of the same | 1685 |
month as did the term that it succeeds. Each member shall hold | 1686 |
office from the date of appointment until the end of the term for | 1687 |
which the member is appointed, except that, with respect to any | 1688 |
member who is an elected or appointed official of a township, | 1689 |
municipal corporation, or county, the term of office for that | 1690 |
person on the council shall not extend beyond the member's term as | 1691 |
an elected or appointed official. | 1692 |
Members may be reappointed. Vacancies shall be filled in | 1693 |
the same manner provided for original appointments. Any member | 1694 |
appointed to fill a vacancy occurring prior to the expiration date | 1695 |
of the term for which the member was appointed shall hold office | 1696 |
for the remainder of that term. A member shall continue in office | 1697 |
subsequent to the expiration date of the member's term until the | 1698 |
member's successor takes office or until a period of sixty days | 1699 |
has elapsed, whichever occurs first. Members may be removed by the | 1700 |
district public works integrating committee for misfeasance, | 1701 |
malfeasance, or nonfeasance in office. | 1702 |
(B) A natural resources assistance council shall elect a | 1703 |
chairperson, a vice-chairperson, and other officers that the | 1704 |
council considers appropriate. A council may adopt bylaws | 1705 |
governing its operation, including bylaws that establish the | 1706 |
frequency of regular meetings and any necessary procedures. All | 1707 |
meetings of a council are subject to section 121.22 of the Revised | 1708 |
Code. | 1709 |
(C) Serving as a member of a natural resources assistance | 1710 |
council under this section does not constitute holding a public | 1711 |
office or position of employment under the laws of this state and | 1712 |
does not confer a right to compensation from any agency of this | 1713 |
state. A member of a natural resources assistance council does not | 1714 |
have an unlawful interest in a public contract under section | 1715 |
2921.42 of the Revised Code solely by virtue of the receipt of | 1716 |
financial assistance under sections 164.20 to 164.27 of the | 1717 |
Revised Code by the local political subdivision of which the | 1718 |
member is also a public official or appointee. | 1719 |
(D) Sections 101.82 to 101.87 of the Revised Code do not | 1720 |
apply to natural resources assistance councils. | 1721 |
Sec. 164.22. Natural resources assistance councils shall | 1722 |
review and approve or disapprove applications in accordance with | 1723 |
sections 164.20 to 164.27 of the Revised Code for grants for | 1724 |
projects that propose to do any of the following: | 1725 |
(A) Provide for open space acquisition and related | 1726 |
development of those open spaces, including the aquisition of | 1727 |
easements. Open space acquisition projects include acquisition of | 1728 |
land or rights in land for parks, forests, wetlands, natural areas | 1729 |
that protect an endangered plant or animal population, other | 1730 |
natural areas, and connecting corridors for natural areas. Related | 1731 |
development projects include projects for the construction or | 1732 |
enhancement of facilities that are necessary to make an open space | 1733 |
area accessible and useable by the general public. Projects | 1734 |
proposed pursuant to division (A) of this section shall emphasize | 1735 |
the following: | 1736 |
(1) The support of comprehensive open space planning, | 1737 |
avoidance of the effects of sprawl, and incorporation of | 1738 |
aesthetically pleasing and ecologically informed design; | 1739 |
(2) The enhancement of economic development that relies on | 1740 |
recreation and ecotourism in areas with relatively high | 1741 |
unemployment and lower incomes; | 1742 |
(3) The protection of habitat for rare, threatened, and | 1743 |
endangered species or the preservation of high quality, viable | 1744 |
habitat for plant and animal species; | 1745 |
(4) The preservation of existing high quality wetlands or | 1746 |
other scarce natural resources within the geographical | 1747 |
jurisdiction of the council; | 1748 |
(5) The inclusion of public transportation and pedestrian | 1749 |
or bicycle linkages to other open space preserves and population | 1750 |
centers; | 1751 |
(6) The enhancement of educational opportunities and | 1752 |
provision of physical links to schools and after-school centers; | 1753 |
(7) The preservation or restoration of water quality, | 1754 |
natural stream channels, functioning floodplains, wetlands, | 1755 |
streamside forests, and other natural features that contribute to | 1756 |
the quality of life in this state and to the state's natural | 1757 |
heritage. Projects shall not include hydromodification projects | 1758 |
such as dams, dredging, sedimentation, and bank clearing and shall | 1759 |
not accelerate untreated water runoff or encourage invasive | 1760 |
nonnative species. | 1761 |
(8) The reduction or elimination of nonnative, invasive | 1762 |
species of plants or animals; | 1763 |
(9) The proper management of areas where safe fishing, | 1764 |
hunting, and trapping may take place in a manner that will | 1765 |
preserve a balanced natural ecosystem. | 1766 |
(B) Protect and enhance riparian corridors or watersheds, | 1767 |
including the protection and enhancement of streams, rivers, | 1768 |
lakes, and other waters of the state. Such projects may include, | 1769 |
without limitation, the reforestation of land or the planting of | 1770 |
vegetation for filtration purposes; the fee simple acquisition of | 1771 |
lands for the purpose of providing access to riparian corridors or | 1772 |
watersheds or for other purposes necessary for the protection and | 1773 |
enhancement of riparian corridors or watersheds; and the | 1774 |
acquisition of easements for the purpose of protecting and | 1775 |
enhancing riparian corridors or watersheds. Projects proposed | 1776 |
pursuant to division (B) of this section shall emphasize the | 1777 |
following: | 1778 |
(1) The increase of habitat protection; | 1779 |
(2) Inclusion as part of a stream corridor-wide or | 1780 |
watershed-wide plan; | 1781 |
(3) The provision of multiple recreational, economic, and | 1782 |
aesthetic preservation benefits; | 1783 |
(4) The preservation or restoration of floodplain and | 1784 |
streamside forest functions; | 1785 |
(5) The preservation of headwater streams, especially in | 1786 |
communities that are experiencing sprawl; | 1787 |
(6) The restoration and preservation of aquatic biological | 1788 |
communities. | 1789 |
Projects shall not initiate or perpetuate hydromodification | 1790 |
projects such as dams, ditch development, or channelization. | 1791 |
(C) Construct or enhance trails for walking, hiking, | 1792 |
bicycling, horseback riding, or any other recreational purpose | 1793 |
that is beneficial to the community in which a trail is to be | 1794 |
constructed or enhanced. Grants may be used for the planning and | 1795 |
development of a trail and the acquisition of land for the trail. | 1796 |
Projects proposed pursuant to division (C) of this section shall | 1797 |
emphasize the following: | 1798 |
(1) Synchronization with the statewide trail plan; | 1799 |
(2) Complete regional systems and links to the statewide | 1800 |
trail system; | 1801 |
(3) A combination of funds from various state agencies; | 1802 |
(4) The provision of links in urban areas that support | 1803 |
commuter access and show economic impact on local communities; | 1804 |
(5) The linkage of population centers with public outdoor | 1805 |
recreation areas and facilities; | 1806 |
(6) The purchase of rail lines that are linked to the | 1807 |
statewide trail plan; | 1808 |
(7) The preservation of natural corridors. | 1809 |
Grant moneys may be used for incidental costs related to | 1810 |
projects that are eligible for funding under this section, | 1811 |
including planning costs, design costs, engineering costs, costs | 1812 |
of appraisals, environmental assessments, and archaeological | 1813 |
surveys. | 1814 |
Sec. 164.23. (A) An entity seeking a grant for a project that | 1815 |
is eligible for funding under section 164.22 of the Revised Code | 1816 |
shall submit an application to the natural resources assistance | 1817 |
council with geographic jurisdiction over the proposed project | 1818 |
area. Entities that are eligible for funding are limited to local | 1819 |
political subdivisions and nonprofit organizations. The director | 1820 |
of the Ohio public works commission shall develop the form of the | 1821 |
application and shall provide application forms to each council. | 1822 |
The application shall require at least all of the following: | 1823 |
(1) An identification of the local political subdivision or | 1824 |
nonprofit organization that is responsible for the execution and | 1825 |
completion of the proposed project; | 1826 |
(2) A detailed description of the proposed project; | 1827 |
(3) An identification of the areas that are proposed to be | 1828 |
protected, restored, preserved, or constructed; | 1829 |
(4) Detailed information concerning the practices and | 1830 |
procedures that will be undertaken to complete the project; | 1831 |
(5) A formal detailed estimate of the project's cost; | 1832 |
(6) The amount and nature of the moneys or resources to be | 1833 |
used as matching funds for the project. Matching funds shall | 1834 |
constitute not less than twenty-five per cent of the total cost of | 1835 |
the project and may consist of contributions of money by any | 1836 |
person, any local political subdivision, the state, or the federal | 1837 |
government or of contributions in-kind by such parties through the | 1838 |
purchase or donation of equipment, land, easements, labor, or | 1839 |
materials necessary to complete the project. | 1840 |
(7) An identification of any participation by state | 1841 |
agencies that may have expertise regarding the particular project | 1842 |
and that may provide assistance with respect to the project; | 1843 |
(8) Information concerning the coordination of the project | 1844 |
among local political subdivisions, state agencies, federal | 1845 |
agencies, community organizations, and local business groups; | 1846 |
(9) Information about any coordination that the project | 1847 |
will have with projects being undertaken under the jurisdiction of | 1848 |
other natural resources assistance councils throughout the state | 1849 |
under sections 164.20 to 164.27 of the Revised Code or with | 1850 |
projects being undertaken under sections 122.65 to 122.658 of the | 1851 |
Revised Code; | 1852 |
(10) Information about public participation in the planning | 1853 |
and execution of the project; | 1854 |
(11) Information about whether the general public will be | 1855 |
given access to the project area upon the completion of the | 1856 |
project; | 1857 |
(12) A timetable for completion of the proposed project. | 1858 |
(B) In addition to the application required under division | 1859 |
(A) of this section, an applicant for a grant for a project shall | 1860 |
include with the application all of the following: | 1861 |
(1) A copy of a resolution supporting the project from the | 1862 |
county, municipal corporation, or township in which the proposed | 1863 |
project is to be conducted; | 1864 |
(2) Documentation that demonstrates that the applicant has | 1865 |
the capacity, financial or otherwise, to complete the project for | 1866 |
which the grant is sought and to provide any necessary ongoing | 1867 |
maintenance of the project; | 1868 |
(3) Documentation that indicates compliance with division | 1869 |
(A) of section 164.26 of the Revised Code related to the long-term | 1870 |
ownership or control of the property that is the subject of the | 1871 |
grant application. | 1872 |
(C) Upon receipt of an application under division (A) of | 1873 |
this section and the information required under division (B) of | 1874 |
this section, a council may request additional information | 1875 |
concerning the proposed project to which the application and | 1876 |
information apply. Upon receiving such a request, the entity | 1877 |
proposing the project shall provide the additional information | 1878 |
requested. | 1879 |
Sec. 164.24. (A) A natural resources assistance council | 1880 |
shall review each application for a grant submitted under section | 1881 |
164.23 of the Revised Code. In reviewing an application and for | 1882 |
the purpose of determining whether to approve or disapprove the | 1883 |
application, a council shall consider all of the following | 1884 |
criteria: | 1885 |
(1) Whether the project emphasizes the factors specified in | 1886 |
division (A), (B), or (C) of section 164.22 of the Revised Code; | 1887 |
(2) The amount of funding that is necessary for the | 1888 |
completion of the project; | 1889 |
(3) The amount and percentage of the matching funds provided | 1890 |
under the proposal; | 1891 |
(4) The level of coordination among local political | 1892 |
subdivisions, state agencies, federal agencies, community | 1893 |
organizations, and local business groups; | 1894 |
(5) The level of coordination with projects being | 1895 |
undertaken under the jurisdiction of other natural resources | 1896 |
assistance councils throughout the state under sections 164.20 to | 1897 |
164.27 of the Revised Code or with projects being undertaken under | 1898 |
sections 122.65 to 122.658 of the Revised Code; | 1899 |
(6) The relative economic, social, and environmental | 1900 |
benefits that the proposed project will bring to the geographical | 1901 |
area represented by the council as compared to other proposed | 1902 |
projects; | 1903 |
(7) Whether the project incorporates more than one purpose | 1904 |
for which grant moneys may be used as specified in section 164.22 | 1905 |
of the Revised Code; | 1906 |
(8) Whether the general public will be given access to the | 1907 |
project area upon the completion of the project; | 1908 |
(9) Whether the project will comply with all of the | 1909 |
requirements established in sections 164.20 to 164.27 of the | 1910 |
Revised Code; | 1911 |
(10) The readiness of the applicant to proceed with the | 1912 |
project; | 1913 |
(11) Any other factors that are relevant to the project. | 1914 |
(B) A natural resources assistance council shall establish a | 1915 |
prioritization and selection methodology system for applications | 1916 |
submitted under section 164.23 of the Revised Code. The | 1917 |
methodology shall be submitted to and approved by the director of | 1918 |
the Ohio public works commission. | 1919 |
(C) In accordance with the methodology established and | 1920 |
approved under division (B) of this section, a natural resources | 1921 |
assistance council shall approve or disapprove an application for | 1922 |
a grant submitted to it after consideration of all of the criteria | 1923 |
specified in divisions (A)(1) to (11) of this section. If the | 1924 |
council approves an application, the council shall submit a copy | 1925 |
of the application, along with all accompanying materials, to the | 1926 |
Ohio public works commission for final approval or disapproval. | 1927 |
Sec. 164.25. The director of the Ohio public works commission | 1928 |
shall approve applications for grants submitted under sections | 1929 |
164.20 to 164.27 of the Revised Code if all of the following | 1930 |
apply: | 1931 |
(A) The approval of the application by the applicable | 1932 |
natural resources assistance council was reasonably based on the | 1933 |
criteria specified in divisions (A)(1) to (11) of section 164.24 | 1934 |
of the Revised Code. | 1935 |
(B) The application for a grant and the proposed project for | 1936 |
which the grant is to be used comply with all other requirements | 1937 |
of sections 164.20 to 164.27 of the Revised Code. | 1938 |
(C) The amount of the financial assistance, when added to | 1939 |
all other financial assistance provided during the calendar year | 1940 |
for projects within the district for which a natural resources | 1941 |
assistance council was appointed, does not exceed that district's | 1942 |
allocation of money from the clean Ohio conservation fund under | 1943 |
section 164.27 of the Revised Code. | 1944 |
Sec. 164.26. (A) The director of the Ohio public works | 1945 |
commission shall establish policies related to the need for | 1946 |
long-term ownership, or long-term control through a lease or the | 1947 |
purchase of an easement, of real property that is the subject of | 1948 |
an application for a grant under sections 164.20 to 164.27 of the | 1949 |
Revised Code and establish requirements for documentation to be | 1950 |
submitted by grant applicants that is necessary for the proper | 1951 |
administration of this division. The policies shall provide for | 1952 |
proper penalties, including grant repayment, for entities that | 1953 |
fail to comply with the long-term ownership or control | 1954 |
requirements established under this division. | 1955 |
The director also shall adopt policies delineating what | 1956 |
constitutes administrative costs for purposes of division (F) of | 1957 |
section 164.27 of the Revised Code. | 1958 |
(B) The Ohio public works commission shall administer | 1959 |
sections 164.20 to 164.27 of the Revised Code and shall exercise | 1960 |
any authority and use any procedures granted or established under | 1961 |
sections 164.02 and 164.05 of the Revised Code that are necessary | 1962 |
for that purpose. | 1963 |
Sec. 164.27. (A) The clean Ohio conservation fund is hereby | 1964 |
created in the state treasury. The net proceeds of obligations | 1965 |
issued and sold by the issuing authority pursuant to section | 1966 |
151.09 of the Revised Code shall be deposited into the fund. | 1967 |
Investment earnings of the fund shall be credited to the fund. | 1968 |
Investment earnings credited to the fund that exceed the amounts | 1969 |
required to meet estimated federal arbitrage rebate requirements | 1970 |
shall be used to pay costs incurred by the Ohio public works | 1971 |
commission in administering sections 164.20 to 164.27 of the | 1972 |
Revised Code. | 1973 |
(B) Eighty-seven and one-half per cent of the moneys in the | 1974 |
clean Ohio conservation fund shall be used to make grants to local | 1975 |
political subdivisions and nonprofit organizations for projects | 1976 |
that have been approved for grants under sections 164.20 to 164.27 | 1977 |
of the Revised Code. Twelve and one half per cent of the moneys | 1978 |
in the clean Ohio conservation fund shall be used by the director | 1979 |
of agriculture for the same purposes as moneys deposited in the | 1980 |
agricultural easement purchase fund created in section 901.21 of | 1981 |
the Revised Code. Moneys from the clean Ohio conservation fund | 1982 |
shall be used for those purposes, when needed, upon the request of | 1983 |
and as directed by the director of agriculture. The clean Ohio | 1984 |
conservation fund shall be administered by the Ohio public works | 1985 |
commission. | 1986 |
(C) For the purpose of grants issued under sections 164.20 | 1987 |
to 164.27 of the Revised Code, moneys shall be allocated on an | 1988 |
annual basis from the clean Ohio conservation fund to districts | 1989 |
represented by natural resources assistance councils as follows: | 1990 |
(1) Each district shall receive an amount that is equal to | 1991 |
one-fourth of one per cent of the total annual amount allocated to | 1992 |
all districts each year for each county that is represented by the | 1993 |
district. | 1994 |
(2) The remaining moneys shall be allocated to each district | 1995 |
annually on a per capita basis. | 1996 |
(D) A grant that is awarded under sections 164.20 to 164.27 | 1997 |
of the Revised Code may provide up to seventy-five per cent of the | 1998 |
estimated cost of a project. Matching funds from a grant | 1999 |
recipient may consist of contributions of money by any person, any | 2000 |
local political subdivision, the state, or the federal government | 2001 |
or of contributions in-kind by such entities through the purchase | 2002 |
or donation of equipment, land, easements, interest in land, | 2003 |
labor, or materials necessary to complete the project. | 2004 |
(E) The director of the Ohio public works commission shall | 2005 |
notify the director of budget and management of the amounts | 2006 |
allocated pursuant to this section, and that information shall be | 2007 |
entered in the state accounting system. The director of budget | 2008 |
and management may establish appropriate line items or other | 2009 |
mechanisms that are needed to track the allocations. | 2010 |
(F) Grants awarded under sections 164.20 to 164.27 of the | 2011 |
Revised Code from the clean Ohio conservation fund shall be used | 2012 |
by a local political subdivision or nonprofit organization only to | 2013 |
pay the costs related to the purposes for which grants may be | 2014 |
issued under section 164.22 of the Revised Code and shall not be | 2015 |
used by a local political subdivision or nonprofit organization to | 2016 |
pay any administrative costs incurred by the local political | 2017 |
subdivision or nonprofit organization. | 2018 |
Sec. 164.28. (A) Decisions of the Ohio public works | 2019 |
commission, district public works integrating committees, and | 2020 |
natural resources assistance councils concerning applications for | 2021 |
grants under sections 164.20 to 164.27 of the Revised Code are | 2022 |
effective without a prior hearing under Chapter 119. of the | 2023 |
Revised Code and are not appealable under that chapter or under | 2024 |
any other provision of the Revised Code. | 2025 |
(B) Nothing in sections 164.20 to 164.27 of the Revised Code | 2026 |
shall create or be construed as creating a cause of action against | 2027 |
any member, officer, or employee of the Ohio public works | 2028 |
commission, district public works integrating committees, or | 2029 |
natural resources assistance councils or a substantive legal right | 2030 |
in favor of any applicant for a grant under those sections. | 2031 |
Sec. 317.08. Except as provided in division (F) of this | 2032 |
section, the county recorder shall keep six separate sets of | 2033 |
records as follows: | 2034 |
(A) A record of deeds, in which shall be recorded all deeds | 2035 |
and other instruments of writing for the absolute and | 2036 |
unconditional sale or conveyance of lands, tenements, and | 2037 |
hereditaments; all notices as provided for in sections 5301.47 to | 2038 |
5301.56 of the Revised Code; all judgments or decrees in actions | 2039 |
brought under section 5303.01 of the Revised Code; all | 2040 |
declarations and bylaws as provided for in Chapter 5311. of the | 2041 |
Revised Code; affidavits as provided for in section 5301.252 of | 2042 |
the Revised Code; all certificates as provided for in section | 2043 |
5311.17 of the Revised Code; all articles dedicating | 2044 |
archaeological preserves accepted by the director of the Ohio | 2045 |
historical society under section 149.52 of the Revised Code; all | 2046 |
articles dedicating nature preserves accepted by the director of | 2047 |
natural resources under section 1517.05 of the Revised Code; all | 2048 |
agreements for the registration of lands as archaeological or | 2049 |
historic landmarks under section 149.51 or 149.55 of the Revised | 2050 |
Code; all conveyances of conservation easements and agricultural | 2051 |
easements under section 5301.68 of the Revised Code; all | 2052 |
instruments extinguishing agricultural easements under section | 2053 |
901.21 or 5301.691 of the Revised Code or pursuant to terms of | 2054 |
such an easement granted to a charitable organization under | 2055 |
section 5301.68 of the Revised Code; all instruments or orders | 2056 |
described in division (B)(1)(c)(ii) of section 5301.56 of the | 2057 |
Revised Code; all no further action letters issued under section | 2058 |
122.654 or 3746.11 of the Revised Code; all covenants not to sue | 2059 |
issued under section 3746.12 of the Revised Code, including all | 2060 |
covenants not to sue issued pursuant to section 122.654 of the | 2061 |
Revised Code; any restrictions on the use of property contained in | 2062 |
a no further action letter issued under section 122.654 of the | 2063 |
Revised Code and any restrictions on the use of property | 2064 |
identified pursuant to division (C)(3) of section 3746.10 of the | 2065 |
Revised Code; all memoranda of trust, as described in division (A) | 2066 |
of section 5301.255 of the Revised Code, that describe specific | 2067 |
real property; and all agreements entered into under division (A) | 2068 |
of section 1521.26 of the Revised Code; | 2069 |
(B) A record of mortgages, in which shall be recorded all of | 2070 |
the following: | 2071 |
(1) All mortgages, including amendments, supplements, | 2072 |
modifications, and extensions of mortgages, or other instruments | 2073 |
of writing by which lands, tenements, or hereditaments are or may | 2074 |
be mortgaged or otherwise conditionally sold, conveyed, affected, | 2075 |
or encumbered; | 2076 |
(2) All executory installment contracts for the sale of land | 2077 |
executed after September 29, 1961, that by their terms are not | 2078 |
required to be fully performed by one or more of the parties to | 2079 |
them within one year of the date of the contracts; | 2080 |
(3) All options to purchase real estate, including | 2081 |
supplements, modifications, and amendments of the options, but no | 2082 |
option of that nature shall be recorded if it does not state a | 2083 |
specific day and year of expiration of its validity; | 2084 |
(4) Any tax certificate sold under section 5721.33 of the | 2085 |
Revised Code, or memorandum thereof, that is presented for filing | 2086 |
of record. | 2087 |
(C) A record of powers of attorney, including all memoranda | 2088 |
of trust, as described in division (A) of section 5301.255 of the | 2089 |
Revised Code, that do not describe specific real property; | 2090 |
(D) A record of plats, in which shall be recorded all plats | 2091 |
and maps of town lots, of the subdivision of town lots, and of | 2092 |
other divisions or surveys of lands, any center line survey of a | 2093 |
highway located within the county, the plat of which shall be | 2094 |
furnished by the director of transportation or county engineer, | 2095 |
and all drawings as provided for in Chapter 5311. of the Revised | 2096 |
Code; | 2097 |
(E) A record of leases, in which shall be recorded all | 2098 |
leases, memoranda of leases, and supplements, modifications, and | 2099 |
amendments of leases and memoranda of leases; | 2100 |
(F) A record of declarations executed pursuant to section | 2101 |
2133.02 of the Revised Code and durable powers of attorney for | 2102 |
health care executed pursuant to section 1337.12 of the Revised | 2103 |
Code. | 2104 |
All instruments or memoranda of instruments entitled to | 2105 |
record shall be recorded in the proper record in the order in | 2106 |
which they are presented for record. The recorder may index, | 2107 |
keep, and record in one volume unemployment compensation liens, | 2108 |
internal revenue tax liens and other liens in favor of the United | 2109 |
States as described in division (A) of section 317.09 of the | 2110 |
Revised Code, personal tax liens, mechanic's liens, agricultural | 2111 |
product liens, notices of liens, certificates of satisfaction or | 2112 |
partial release of estate tax liens, discharges of recognizances, | 2113 |
excise and franchise tax liens on corporations, broker's liens, | 2114 |
and liens provided for in sections 1513.33, 1513.37, 3752.13, | 2115 |
5111.021, and 5311.18 of the Revised Code. | 2116 |
The recording of an option to purchase real estate, including | 2117 |
any supplement, modification, and amendment of the option, under | 2118 |
this section shall serve as notice to any purchaser of an interest | 2119 |
in the real estate covered by the option only during the period of | 2120 |
the validity of the option as stated in the option. | 2121 |
(G) In lieu of keeping the six separate sets of records | 2122 |
required in divisions (A) to (F) of this section and the records | 2123 |
required in division (H) of this section, a county recorder may | 2124 |
record all the instruments required to be recorded by this section | 2125 |
in two separate sets of record books. One set shall be called the | 2126 |
"official records" and shall contain the instruments listed in | 2127 |
divisions (A), (B), (C), (E), (F), and (H) of this section. The | 2128 |
second set of records shall contain the instruments listed in | 2129 |
division (D) of this section. | 2130 |
(H) Except as provided in division (G) of this section, the | 2131 |
county recorder shall keep a separate set of records containing | 2132 |
all corrupt activity lien notices filed with the recorder pursuant | 2133 |
to section 2923.36 of the Revised Code and a separate set of | 2134 |
records containing all medicaid fraud lien notices filed with the | 2135 |
recorder pursuant to section 2933.75 of the Revised Code. | 2136 |
Sec. 901.21. (A) As used in this section and section 901.22 | 2137 |
of the Revised Code: | 2138 |
(1) "Agricultural easement" has the same meaning as in | 2139 |
section 5301.67 of the Revised Code. | 2140 |
(2) "Agriculture" means those activities occurring on land | 2141 |
devoted exclusively to agricultural use, as defined in section | 2142 |
5713.30 of the Revised Code, or on land that constitutes a | 2143 |
homestead. | 2144 |
(3) "Homestead" means the portion of a farm on which is | 2145 |
located a dwelling house, yard, or outbuildings such as a barn or | 2146 |
garage. | 2147 |
(B) The director of agriculture may acquire real property | 2148 |
used predominantly in agriculture and agricultural easements by | 2149 |
gift, devise, or bequest if, at the time an easement is granted, | 2150 |
such
| 2151 |
purposes of real property taxation at its current value for | 2152 |
agricultural use
under section 5713.31 of the Revised Code
| 2153 |
2154 | |
terms may be included in an agricultural easement so acquired that | 2155 |
are necessary or appropriate to preserve on behalf of the grantor | 2156 |
of the easement the favorable tax consequences of the gift, | 2157 |
devise, or bequest under the "Internal Revenue Act of 1986," 100 | 2158 |
Stat. 2085, 26 U.S.C.A. 1, as amended. The director, by any such | 2159 |
means or by purchase or lease, may acquire, or acquire the use of, | 2160 |
stationary personal property or equipment that is located on land | 2161 |
acquired in fee by the director under this section and that is | 2162 |
necessary or appropriate for the use of the land predominantly in | 2163 |
agriculture. | 2164 |
(C) The director may do all things necessary or appropriate | 2165 |
to retain the use of real property acquired in fee under division | 2166 |
(B) of this section predominantly in agriculture, including, | 2167 |
without limitation, performing any of the activities described in | 2168 |
division (A)(1) or (2) of section 5713.30 of the Revised Code or | 2169 |
entering into contracts to lease or rent the real property so | 2170 |
acquired to persons or governmental entities that will use the | 2171 |
land predominantly in agriculture. | 2172 |
(D)(1) When the director considers it to be necessary or | 2173 |
appropriate, the director may sell real property acquired in fee, | 2174 |
and stationary personal property or equipment acquired by gift, | 2175 |
devise, bequest, or purchase, under division (B) of this section | 2176 |
on such terms as the director considers to be advantageous to this | 2177 |
state. | 2178 |
(2) An agricultural easement acquired under division (B) of | 2179 |
this section may be extinguished under the circumstances | 2180 |
prescribed, and in accordance with the terms and conditions set | 2181 |
forth, in the instrument conveying the agricultural easement. | 2182 |
(E) There is hereby created in the state treasury the | 2183 |
agricultural easement purchase fund. The fund shall consist of | 2184 |
the proceeds received from the sale of real and personal property | 2185 |
under division (D) of this section; moneys received due to the | 2186 |
extinguishment of agricultural easements acquired by the director | 2187 |
under division (B) of this section or section 5301.691 of the | 2188 |
Revised Code; moneys received due to the extinguishment of | 2189 |
agricultural easements purchased with the assistance of matching | 2190 |
grants made under section 901.22 of the Revised Code; gifts, | 2191 |
bequests, devises, and contributions received by the director for | 2192 |
the purpose of acquiring agricultural easements; and grants | 2193 |
received from public or private sources for the purpose of | 2194 |
purchasing agricultural easements. The fund shall be administered | 2195 |
by the director, and moneys in the fund shall be used by the | 2196 |
director exclusively to purchase agricultural easements under | 2197 |
division (A) of section 5301.691 of the Revised Code and provide | 2198 |
matching grants under section 901.22 of the Revised Code to | 2199 |
municipal corporations, counties, townships, and charitable | 2200 |
organizations for the purchase of agricultural easements. Money | 2201 |
in the fund shall be used only to purchase agricultural easements | 2202 |
on land that is valued for purposes of real property taxation at | 2203 |
its current value for agricultural use under section 5713.31 of | 2204 |
the Revised Code or that constitutes a homestead when the easement | 2205 |
is purchased. | 2206 |
(F) The term of an agricultural easement purchased wholly or | 2207 |
in part with money from the clean Ohio conservation fund created | 2208 |
in section 164.27 of the Revised Code shall be perpetual and shall | 2209 |
run with the land. | 2210 |
Sec. 901.22. (A) The director of agriculture, in accordance | 2211 |
with Chapter 119. of the Revised Code, shall adopt rules that do | 2212 |
all of the following: | 2213 |
(1) Establish procedures and eligibility criteria for making | 2214 |
matching grants to municipal corporations, counties, townships, | 2215 |
and charitable organizations described in division (B) of section | 2216 |
5301.69 of the Revised Code for the purchase of agricultural | 2217 |
easements | 2218 |
purchased or proposed to be purchased with such matching grants | 2219 |
that consist in whole or in part of moneys from the clean Ohio | 2220 |
conservation fund created in section 164.27 of the Revised Code, | 2221 |
the rules shall establish all of the following: | 2222 |
(a) Procedures for all of the following: | 2223 |
(i) Soliciting and accepting applications for matching | 2224 |
grants; | 2225 |
(ii) Participation by local governments and by the public | 2226 |
in the process of making matching grants to charitable | 2227 |
organizations; | 2228 |
(iii) Notifying local governments, charitable | 2229 |
organizations, and organizations that represent the interests of | 2230 |
farmers of the ranking system established in rules adopted under | 2231 |
division (A)(1)(b) of this section. | 2232 |
(b) A ranking system for applications for the matching | 2233 |
grants that is based on the soil type, proximity of the land that | 2234 |
is the subject of an application to other agricultural land that | 2235 |
is already or is in the process of becoming permanently protected | 2236 |
from development, farm stewardship, development pressure, and, if | 2237 |
applicable, a local comprehensive land use plan involved with a | 2238 |
proposed agricultural easement. The rules shall require that | 2239 |
preference be given to proposed agricultural easements that | 2240 |
involve the greatest proportion of all of the following: | 2241 |
(i) Prime soils, unique or locally important soils, | 2242 |
microclimates, or similar features; | 2243 |
(ii) Land that is adjacent to or that is in close | 2244 |
proximity to other agricultural land that is already or is in the | 2245 |
process of becoming permanently protected from development, by | 2246 |
agricultural easement or otherwise, so that a buffer would exist | 2247 |
between the land involving the proposed agricultural easement and | 2248 |
areas that have been developed or likely will be developed for | 2249 |
purposes other than agriculture; | 2250 |
(iii) The use of best management practices, including | 2251 |
federally or state approved conservation plans, and a history of | 2252 |
substantial compliance with applicable federal and state laws; | 2253 |
(iv) Development pressure that is imminent, but not a | 2254 |
result of current location in the direct path of urban | 2255 |
development; | 2256 |
(v) Areas identified for agricultural protection in local | 2257 |
comprehensive land use plans. | 2258 |
(c) Any other criteria that the director determines are | 2259 |
necessary for selecting applications for matching grants; | 2260 |
(d) Requirements regarding the information that must be | 2261 |
included in the annual monitoring report that must be prepared for | 2262 |
an agricultural easement under division (D)(2) of section 5301.691 | 2263 |
of the Revised Code, procedures for submitting a copy of the | 2264 |
report to the office of farmland preservation in the department of | 2265 |
agriculture, and requirements and procedures governing corrective | 2266 |
actions that may be necessary to enforce the terms of the | 2267 |
agricultural easement. | 2268 |
(2) Establish provisions that shall be included in the | 2269 |
instrument conveying to a municipal corporation, county, township, | 2270 |
or charitable organization any agricultural easement purchased | 2271 |
with matching grant funds provided by the director under this | 2272 |
section, including, without limitation, all of the following | 2273 |
provisions: | 2274 |
(a) A provision stating that an easement so purchased may be | 2275 |
extinguished only if an unexpected change in the conditions of or | 2276 |
surrounding the land that is subject to the easement makes | 2277 |
impossible or impractical the continued use of the land for the | 2278 |
purposes described in the easement, or if the requirements of the | 2279 |
easement are extinguished by judicial proceedings; | 2280 |
(b) A provision requiring that, upon the sale, exchange, or | 2281 |
involuntary conversion of the land subject to the easement, the | 2282 |
holder of the easement shall be paid an amount of money that is at | 2283 |
least equal to the proportionate value of the easement compared to | 2284 |
the total value of the land at the time the easement was acquired; | 2285 |
(c) A provision requiring that, upon receipt of the portion | 2286 |
of the proceeds of a sale, exchange, or involuntary conversion | 2287 |
described in division (A)(2)(b) of this section, the municipal | 2288 |
corporation, county, township, or charitable organization remit to | 2289 |
the director an amount of money equal to the percentage of the | 2290 |
cost of purchasing the easement it received as a matching grant | 2291 |
under this section. | 2292 |
Moneys received by the director pursuant to rules adopted | 2293 |
under division (A)(2)(c) of this section shall be credited to the | 2294 |
agricultural easement purchase fund created in section 901.21 of | 2295 |
the Revised Code. | 2296 |
(3)
| 2297 |
organization described in division (B) of section 5301.69 of the | 2298 |
Revised Code, municipal corporation, township, or county with the | 2299 |
option of purchasing agricultural easements either in installments | 2300 |
or with a lump sum payment. The rules shall include a requirement | 2301 |
that a charitable organization, municipal corporation, township, | 2302 |
or county negotiate with the seller of the agricultural easement | 2303 |
concerning any installment payment terms, including the dates and | 2304 |
amounts of payments and the interest rate on the outstanding | 2305 |
balance. The rules also shall require the director to approve any | 2306 |
method of payment that is undertaken in accordance with the rules | 2307 |
adopted under division (A)(3) of this section. | 2308 |
(4) Establish any other requirements that the director | 2309 |
considers to be necessary or appropriate to implement or | 2310 |
administer a program to make matching grants under this section | 2311 |
and monitor those grants. | 2312 |
(B) The director may develop guidelines regarding the | 2313 |
acquisition of agricultural easements by the department of | 2314 |
agriculture and the provisions of instruments conveying those | 2315 |
easements. The director may make the guidelines available to | 2316 |
public and private entities authorized to acquire and hold | 2317 |
agricultural easements. | 2318 |
(C) The director may provide technical assistance in | 2319 |
developing a program for the acquisition and monitoring of | 2320 |
agricultural easements to public and private entities authorized | 2321 |
to hold agricultural easements. The technical assistance may | 2322 |
include, without limitation, reviewing and providing advisory | 2323 |
recommendations regarding draft instruments conveying agricultural | 2324 |
easements. | 2325 |
(D) The director may make matching grants from the | 2326 |
agricultural
| 2327 |
2328 | |
townships, and charitable organizations described in division (B) | 2329 |
of section 5301.69 of the Revised Code, to assist those political | 2330 |
subdivisions and charitable organizations in purchasing | 2331 |
agricultural easements. Application for a matching grant shall be | 2332 |
made on forms prescribed and provided by the director. The | 2333 |
matching grants shall be made in compliance with the criteria and | 2334 |
procedures established in rules adopted under this section. | 2335 |
Instruments conveying agricultural easements purchased with | 2336 |
matching grant funds provided under this section, at a minimum, | 2337 |
shall include the mandatory provisions set forth in those rules. | 2338 |
Matching grants made under this division using moneys from | 2339 |
the clean Ohio conservation fund created in section 164.27 of the | 2340 |
Revised Code may provide up to seventy-five per cent of the value | 2341 |
of an agricultural easement as determined by a general real estate | 2342 |
appraiser who is certified under Chapter 4763. of the Revised | 2343 |
Code. Not less than twenty-five per cent of the value of the | 2344 |
agricultural easement shall be provided by the recipient of the | 2345 |
matching grant or donated by the person who is transferring the | 2346 |
easement to the grant recipient. The amount of such a matching | 2347 |
grant used for the purchase of a single agricultural easement | 2348 |
shall not exceed one million dollars. | 2349 |
(E)(1) The director shall monitor and evaluate the | 2350 |
effectiveness and efficiency of the agricultural easement program | 2351 |
as a farmland preservation tool. On or before July 1, 1999, and | 2352 |
the first day of July of each year thereafter, the director shall | 2353 |
prepare and submit a report to the chairpersons of the standing | 2354 |
committees of the senate and the house of representatives that | 2355 |
consider legislation regarding agriculture. The report shall | 2356 |
consider and address the following criteria to determine the | 2357 |
program's effectiveness: | 2358 |
(a) The number of agricultural easements purchased during | 2359 |
the preceding year; | 2360 |
(b) The location of those easements; | 2361 |
(c) The number of acres of land preserved for agricultural | 2362 |
use; | 2363 |
(d) The amount of money used by a municipal corporation, | 2364 |
township, or county from its general fund or special fund to | 2365 |
purchase the agricultural easements; | 2366 |
(e) The number of state matching grants given to purchase | 2367 |
the agricultural easements; | 2368 |
(f) The amount of state matching grant moneys used to | 2369 |
purchase the agricultural easements. | 2370 |
(2) The report also shall consider and include, at a | 2371 |
minimum, the following information for each county to determine | 2372 |
the program's efficiency: | 2373 |
(a) The total number of acres in the county; | 2374 |
(b) The total number of acres in current agricultural use; | 2375 |
(c) The total number of acres preserved for agricultural use | 2376 |
in the preceding year; | 2377 |
(d) The average cost, per acre, of land preserved for | 2378 |
agricultural use in the preceding year. | 2379 |
Sec. 5301.67. As used in sections 5301.67 to 5301.70 of the | 2380 |
Revised Code: | 2381 |
(A) "Conservation easement" means an incorporeal right or | 2382 |
interest in land that is held for the public purpose of retaining | 2383 |
land, water, or wetland areas predominantly in their natural, | 2384 |
scenic, open, or wooded condition, including, without limitation, | 2385 |
the use of land in agriculture when consistent with and in | 2386 |
furtherance of the purpose of retaining those areas in such a | 2387 |
condition, or retaining their use predominantly as suitable | 2388 |
habitat for fish, plants, or wildlife; that imposes any | 2389 |
limitations on the use or development of the areas that are | 2390 |
appropriate at the time of creation of the conservation easement | 2391 |
to achieve one or more of those purposes; and that includes | 2392 |
appropriate provisions for the holder to enter the property | 2393 |
subject to the easement at reasonable times to ensure compliance | 2394 |
with its provisions. | 2395 |
(B) "Agriculture" means those activities occurring on land | 2396 |
devoted exclusively to agricultural use, as defined in section | 2397 |
5713.30 of the Revised Code, or on land that constitutes a | 2398 |
homestead. | 2399 |
(C) "Agricultural easement" means an incorporeal right or | 2400 |
interest in land that is held for the public purpose of retaining | 2401 |
the use of land predominantly in agriculture; that imposes any | 2402 |
limitations on the use or development of the land that are | 2403 |
appropriate at the time of creation of the easement to achieve | 2404 |
that purpose; that is in the form of articles of dedication, | 2405 |
easement, covenant, restriction, or condition; and that includes | 2406 |
appropriate provisions for the holder to enter the property | 2407 |
subject to the easement at reasonable times to ensure compliance | 2408 |
with its provisions. | 2409 |
(D) "Homestead" means the portion of a farm on which is | 2410 |
located a dwelling house, yard, or outbuildings such as a barn or | 2411 |
garage. | 2412 |
Sec. 5301.68. An owner of land may grant a conservation | 2413 |
easement to the department of natural resources, a park district | 2414 |
created under Chapter 1545. of the Revised Code, a township park | 2415 |
district created under section 511.18 of the Revised Code, a | 2416 |
conservancy district created under Chapter 6101. of the Revised | 2417 |
Code, a soil and water conservation district created under Chapter | 2418 |
1515. of the Revised Code, a county, a township, a municipal | 2419 |
corporation, or a charitable organization that is authorized to | 2420 |
hold conservation easements by division (B) of section 5301.69 of | 2421 |
the Revised Code, in the form of articles of dedication, easement, | 2422 |
covenant, restriction, or condition. An owner of land also may | 2423 |
grant an agricultural easement to the director of agriculture; to | 2424 |
a municipal corporation, county, or township; or to a charitable | 2425 |
organization described in division (B) of section 5301.69 of the | 2426 |
Revised Code. An owner of land may grant an agricultural easement | 2427 |
only on land that is valued for purposes of real property taxation | 2428 |
at its current value for agricultural use under section 5713.31 of | 2429 |
the Revised Code or that constitutes a homestead when the easement | 2430 |
is granted. | 2431 |
All conservation easements and agricultural easements shall | 2432 |
be executed and recorded in the same manner as other instruments | 2433 |
conveying interests in land. | 2434 |
Sec. 5301.69. (A) The director of natural resources, the | 2435 |
board of park commissioners of a park district created under | 2436 |
Chapter 1545. of the Revised Code, the board of park commissioners | 2437 |
of a township park district created under section 511.18 of the | 2438 |
Revised Code, the board of directors of a conservancy district | 2439 |
created under Chapter 6101. of the Revised Code, the board of | 2440 |
supervisors of a soil and water conservation district created | 2441 |
under Chapter 1515. of the Revised Code, the board of county | 2442 |
commissioners of a county, the board of township trustees of a | 2443 |
township, or the legislative authority of a municipal corporation | 2444 |
may acquire conservation easements in the name of the state, the | 2445 |
district, or the county, township, or municipal corporation in the | 2446 |
same manner as other interests in land may be acquired under | 2447 |
section 307.02, 307.18, 505.10, 505.261, 511.23, 717.01, 1501.01, | 2448 |
1515.08, 1545.11, or 6101.15 of the Revised Code. Each officer, | 2449 |
board, or authority acquiring a conservation easement shall name | 2450 |
an appropriate administrative officer, department, or division to | 2451 |
supervise and enforce the easement. | 2452 |
(B) A charitable organization may acquire and hold | 2453 |
conservation easements if it is exempt from federal taxation under | 2454 |
subsection 501(a) and is described in subsection 501(c) of the | 2455 |
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as | 2456 |
amended, and organized for any of the following purposes: the | 2457 |
preservation of land areas for public outdoor recreation or | 2458 |
education, or scenic enjoyment; the preservation of historically | 2459 |
important land areas or structures; or the protection of natural | 2460 |
environmental systems. Such a charitable organization also may | 2461 |
acquire and hold agricultural easements subject to the limitation | 2462 |
that it may do so only on land that is valued for purposes of real | 2463 |
property taxation at its current value for agricultural use under | 2464 |
section 5713.31 of the Revised Code or that constitutes a | 2465 |
homestead when the easement is granted. | 2466 |
Sec. 5301.691. (A)(1) Subject to divisions (A)(2) and (E) | 2467 |
of this section, the director of agriculture, with moneys credited | 2468 |
to the agricultural easement purchase fund created in section | 2469 |
901.21 of the Revised Code, may purchase agricultural easements in | 2470 |
the name of the state. | 2471 |
(2) Not less than thirty days prior to the acquisition of an | 2472 |
agricultural easement under division (A)(1) of this section or the | 2473 |
extinguishment of such an easement purchased under that division, | 2474 |
the director shall provide written notice of the intention to do | 2475 |
so to the board of county commissioners of the county in which the | 2476 |
land that is or is proposed to be subject to the easement or | 2477 |
extinguishment is located, and either to the legislative authority | 2478 |
of the municipal corporation in which the land is located, if it | 2479 |
is located in an incorporated area, or to the board of township | 2480 |
trustees of the township in which the land is located, if it is | 2481 |
located in an unincorporated area. If, within thirty days after | 2482 |
the director provides the notice, the board of county | 2483 |
commissioners, legislative authority, or board of township | 2484 |
trustees requests an informational meeting with the director | 2485 |
regarding the proposed acquisition or extinguishment, the director | 2486 |
shall meet with the legislative authority or board to respond to | 2487 |
the board's or authority's questions and concerns. If a meeting | 2488 |
is timely requested under division (A)(2) of this section, the | 2489 |
director shall not undertake the proposed acquisition or | 2490 |
extinguishment until after the meeting has been concluded. | 2491 |
The director, upon the director's own initiative and prior to | 2492 |
the purchase of an agricultural easement under division (A)(1) of | 2493 |
this section or the extinguishment of such an easement, may hold | 2494 |
an informational meeting with the board of county commissioners | 2495 |
and the legislative authority of the municipal corporation or | 2496 |
board of township trustees in which land that would be affected by | 2497 |
the proposed acquisition or extinguishment is located, to respond | 2498 |
to any questions and concerns of the board or authority regarding | 2499 |
the proposed acquisition or extinguishment. | 2500 |
(B)(1) Subject to division (E) of this section, the | 2501 |
legislative authority of a municipal corporation, board of county | 2502 |
commissioners of a county, or board of trustees of a township, | 2503 |
with moneys in the political subdivision's general fund not | 2504 |
required by law or charter to be used for other specified purposes | 2505 |
or with moneys in a special fund of the political subdivision to | 2506 |
be used for the purchase of agricultural easements, may purchase | 2507 |
agricultural easements in the name of the municipal corporation, | 2508 |
county, or township. | 2509 |
(2) Subject to division (E) of this section, the legislative | 2510 |
authority of a municipal corporation, board of county | 2511 |
commissioners of a county, or board of township trustees of a | 2512 |
township may acquire agricultural easements by gift, devise, or | 2513 |
bequest. Any terms may be included in an agricultural easement so | 2514 |
acquired that are necessary or appropriate to preserve on behalf | 2515 |
of the grantor of the easement the favorable tax consequences of | 2516 |
the gift, devise, or bequest under the "Internal Revenue Act of | 2517 |
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 2518 |
(C)(1) The term of an agricultural easement purchased wholly | 2519 |
or in part with money from the agricultural easement purchase fund | 2520 |
shall be perpetual and shall run with the land. | 2521 |
(2) The term of an agricultural easement purchased by such a | 2522 |
legislative authority or board without the use of any money from | 2523 |
the agricultural easement purchase fund may be perpetual or for a | 2524 |
specified period. The agricultural easement shall run with the | 2525 |
land. The instrument conveying an agricultural easement for a | 2526 |
specified period shall include provisions specifying, at a | 2527 |
minimum, all of the following: | 2528 |
(a) The consideration to be paid for the easement and manner | 2529 |
of payment; | 2530 |
(b) Whether the easement is renewable and, if so, procedures | 2531 |
for its renewal; | 2532 |
(c) The circumstances under which the easement may be | 2533 |
extinguished; | 2534 |
(d) The method for determining the amount of money, if any, | 2535 |
due the holder of the easement upon extinguishment and for payment | 2536 |
of that amount to the holder. | 2537 |
(D)(1) The director and each legislative authority of a | 2538 |
municipal corporation, board of county commissioners, or board of | 2539 |
township trustees, upon acquiring an agricultural easement by | 2540 |
purchase, gift, devise, or bequest under this section or section | 2541 |
901.21 of the Revised Code, shall name an appropriate | 2542 |
administrative officer, department, or division to supervise and | 2543 |
enforce the easement. A legislative authority or board may enter | 2544 |
into a contract with the board of park commissioners of a park | 2545 |
district established under Chapter 1545. of the Revised Code, the | 2546 |
board of park commissioners of a township park district | 2547 |
established under section 511.18 of the Revised Code, or the board | 2548 |
of supervisors of a soil and water conservation district | 2549 |
established under Chapter 1515. of the Revised Code having | 2550 |
territorial jurisdiction within the municipal corporation, county, | 2551 |
or township, or with a charitable organization described in | 2552 |
division (B) of section 5301.69 of the Revised Code, to supervise | 2553 |
on behalf of the legislative authority or board an agricultural | 2554 |
easement so acquired. The contract may be entered into on such | 2555 |
terms as are agreeable to the parties and shall specify or | 2556 |
prescribe a method for determining the amounts of any payments to | 2557 |
be made by the legislative authority or board of county | 2558 |
commissioners or township trustees for the performance of the | 2559 |
contract. | 2560 |
(2) With respect to an agricultural easement purchased with | 2561 |
a matching grant that is made under division (D) of section 901.22 | 2562 |
of the Revised Code and that consists in whole or in part of | 2563 |
moneys from the clean Ohio conservation fund created in section | 2564 |
164.27 of the Revised Code, the recipient of the matching grant | 2565 |
shall make an annual monitoring visit to the land that is the | 2566 |
subject of the easement. The purpose of the visit is to ensure | 2567 |
that no development that is prohibited by the terms of the | 2568 |
easement has occurred or is occurring. In accordance with rules | 2569 |
adopted under division (A)(1)(d) of section 901.22 of the Revised | 2570 |
Code, the grant recipient shall prepare a written annual | 2571 |
monitoring report and submit it to the office of farmland | 2572 |
preservation in the department of agriculture. If necessary to | 2573 |
enforce the terms of the easement, the grant recipient shall take | 2574 |
corrective action in accordance with those rules. | 2575 |
(E) The director; a municipal corporation, county, or | 2576 |
township; or a charitable organization described in division (B) | 2577 |
of section 5301.69 of the Revised Code, may acquire agricultural | 2578 |
easements by purchase, gift, devise, or bequest only on land that | 2579 |
is valued for purposes of real property taxation at its current | 2580 |
value for agricultural use under section 5713.31 of the Revised | 2581 |
Code or that constitutes a homestead when the easement is granted. | 2582 |
(F) An agricultural easement acquired by the director under | 2583 |
division (A) of this section may be extinguished if an unexpected | 2584 |
change in the conditions of or surrounding the land that is | 2585 |
subject to the easement makes impossible or impractical the | 2586 |
continued use of the land for the purposes described in the | 2587 |
agricultural easement, or if the requirements of the easement are | 2588 |
extinguished by judicial proceedings. Upon the sale, exchange, or | 2589 |
involuntary conversion of the land subject to the easement, the | 2590 |
director shall be paid an amount of money that is at least equal | 2591 |
to the proportionate value of the easement compared to the total | 2592 |
value of the land at the time the easement was acquired. Moneys | 2593 |
so received shall be credited to the agricultural easement | 2594 |
purchase fund
| 2595 |
An agricultural easement acquired by a municipal corporation, | 2596 |
county, or township under division (B) of this section may be | 2597 |
extinguished under the circumstances prescribed, and in accordance | 2598 |
with the terms and conditions set forth, in the instrument | 2599 |
conveying the agricultural easement. An agricultural easement | 2600 |
acquired by a charitable organization described in division (B) of | 2601 |
section 5301.69 of the Revised Code may be extinguished under the | 2602 |
circumstances prescribed, and in accordance with the terms and | 2603 |
conditions set forth, in the instrument conveying the agricultural | 2604 |
easement. | 2605 |
Any instrument extinguishing an agricultural easement shall | 2606 |
be executed and recorded in the same manner as other instruments | 2607 |
conveying or terminating interests in real property. | 2608 |
(G) Promptly after the recording and indexing of an | 2609 |
instrument conveying an agricultural easement to any person or to | 2610 |
a municipal corporation, county, or township or of an instrument | 2611 |
extinguishing an agricultural easement held by any person or such | 2612 |
a political subdivision, the county recorder shall mail, by | 2613 |
regular mail, a photocopy of the instrument to the office of | 2614 |
farmland preservation in the department of agriculture. The | 2615 |
photocopy shall be accompanied by an invoice for the applicable | 2616 |
fee established in section 317.32 of the Revised Code. Promptly | 2617 |
after receiving the photocopy and invoice, the office of farmland | 2618 |
preservation shall remit the fee to the county recorder. | 2619 |
(H) The director, the legislative authority of a municipal | 2620 |
corporation, a board of county commissioners, or a board of | 2621 |
township trustees may receive and expend grants from any public or | 2622 |
private source for the purpose of purchasing agricultural | 2623 |
easements and supervising and enforcing them. | 2624 |
Section 2. That existing sections 126.11, 151.01, 164.02, | 2625 |
317.08, 901.21, 901.22, 5301.67, 5301.68, 5301.69, and 5301.691 of | 2626 |
the Revised Code are hereby repealed. | 2627 |