As Reported by the House Energy and Environment Committee

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 3


REPRESENTATIVES Blasdel, Hollister, Setzer, Aslanides, Britton, Carmichael, Core, Fedor, Hagan, Jolivette, Lendrum, Niehaus, Redfern, Seaver, Sferra, Strahorn, White, Woodard



A BILL
To amend sections 126.11, 151.01, 164.02, 317.08,1
901.21, 901.22, 5301.67, 5301.68, 5301.69, and2
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, and5
164.20 to 164.28 of the Revised Code to provide 6
for the implementation of programs to finance7
brownfields revitalization projects, natural8
resource projects, and farmland preservation9
projects through the issuance of obligations of 10
the state.11


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

       Section 1. That sections 126.11, 151.01, 164.02, 317.08,12
901.21, 901.22, 5301.67, 5301.68, 5301.69, and 5301.691 be amended13
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 164.2816
of the Revised Code be enacted to read as follows:17

       Sec. 122.65. As used in sections 122.65 to 122.659 of the18
Revised Code:19

       (A) "Applicant" means a county, township, municipal20
corporation, port authority, or conservancy district or a park21
district, other similar park authority, nonprofit organization, or22
organization for profit that has entered into an agreement with a23
county, township, municipal corporation, port authority, or24
conservancy district to work in conjunction with that county,25
township, municipal corporation, port authority, or conservancy26
district for the purposes of sections 122.65 to 122.658 of the27
Revised Code.28

       (B) "Assessment" means a phase I and phase II property29
assessment conducted in accordance with section 3746.04 of the30
Revised Code and rules adopted under that section.31

       (C) "Brownfield" means an abandoned, idled, or under-used32
industrial or commercial property where expansion or redevelopment33
is complicated by known or potential contamination by hazardous34
substances or petroleum.35

       (D) "Certified professional," "hazardous substances," and36
"petroleum" have the same meanings as in section 3746.01 of the37
Revised Code.38

       (E) "Cleanup or remediation" means any action to contain,39
remove, or dispose of hazardous substances or petroleum at a40
brownfield. "Cleanup or remediation" includes the acquisition of41
a brownfield, demolition performed at a brownfield, and the42
installation or upgrade of the minimum amount of infrastructure43
that is necessary to make a brownfield operational for economic44
development activity.45

       (F) "Cleanup standards" means the cleanup standards that are46
established in rules adopted under section 3746.04 of the Revised47
Code.48

       (G) "Distressed area" means either a municipal corporation49
with a population of at least fifty thousand or a county that50
meets any two of the following criteria:51

       (1) Its average rate of unemployment, during the most recent52
five-year period for which data are available, is equal to at53
least one hundred twenty-five per cent of the average rate of54
unemployment for the United States for the same period.55

       (2) It has a per capita income equal to or below eighty per56
cent of the median county per capita income of the United States57
as determined by the most recently available figures from the58
United States census bureau.59

       (3)(a) In the case of a municipal corporation, at least60
twenty per cent of the residents have a total income for the most61
recent census year that is below the official poverty line.62

       (b) In the case of a county, in intercensal years, the county63
has a ratio of transfer payment income to total county income64
equal to or greater than twenty-five per cent.65

       "Distressed area" includes a municipal corporation the66
majority of the population of which is situated in a county that67
is a distressed area.68

       (H) "Eligible area" means a distressed area, an inner city69
area, a labor surplus area, or a situational distress area.70

        (I) "Inner city area" means an area in a municipal71
corporation that has a population of at least one hundred72
thousand, is not a labor surplus area, and is a targeted73
investment area established by the municipal corporation that is74
comprised of block tracts identified in the most recently75
available figures from the United States census bureau in which at76
least twenty per cent of the population in the area is at or below77
the official poverty line or of contiguous block tracts meeting78
those criteria.79

        (J) "Integrating committee" means a district public works80
integrating committee established under section 164.04 of the81
Revised Code.82

       (K) "Labor surplus area" means an area designated as a labor83
surplus area by the United States department of labor.84

       (L) "No further action letter" means a letter that is85
prepared by a certified professional when, on the basis of the86
best knowledge, information, and belief of the certified87
professional, the certified professional concludes that the88
cleanup or remediation of a brownfield meets the applicable89
cleanup standards and that contains all of the information90
specified in rules adopted under division (B)(7) of section91
3746.04 of the Revised Code.92

       (M) "Nonprofit organization" means a corporation,93
association, group, institution, society, or other organization94
that is exempt from federal income taxation under section95
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 portion98
of such a parcel, and any improvements to it.99

       (O) "Official poverty line" has the same meaning as in100
section 3923.51 of the Revised Code.101

        (P) "Situational distress area" means a county or a102
municipal corporation that has experienced or is experiencing a103
closing or downsizing of a major employer that will adversely104
affect the county or municipal corporation's economy and that has105
applied to the director of development to be designated as a106
situational distress area for not more than thirty months by107
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 or110
municipal corporation's unemployment rate as measured by the111
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 the114
job loss;115

        (5) The impact that the closing or downsizing has on116
suppliers located in the county or municipal corporation.117

       Sec. 122.651. (A) There is hereby created the clean Ohio118
council consisting of the director of development or the119
director's designee, the director of environmental protection or120
the director's designee, one member of the majority party of the121
senate and one member of the minority party of the senate to be122
appointed by the president of the senate, one member of the123
majority party of the house of representatives and one member of124
the minority party of the house of representatives to be appointed125
by the speaker of the house of representatives, and seven members126
to be appointed by the governor with the advice and consent of the127
senate. Of the members appointed by the governor, one shall128
represent the interests of counties, one shall represent the129
interests of townships, one shall represent the interests of130
municipal corporations, two shall represent the interests of131
business and development, and two shall represent statewide132
environmental advocacy organizations. The members appointed by133
the governor shall reflect the demographic and economic diversity134
of the population of the state. Additionally, the governor's135
appointments shall represent all areas of the state. All136
appointments to the council shall be made not later than sixty137
days after the effective date of this section.138

       (B) The members appointed by the president of the senate and139
the house of representatives shall serve at the pleasure of their140
appointing authorities. Of the initial members appointed by the141
governor to the clean Ohio council, four shall be appointed for142
two years and three shall be appointed for one year. Thereafter,143
terms of office for members appointed by the governor shall be for144
two years, with each term ending on the same day of the same month145
as did the term that it succeeds. Each of those members shall146
hold office from the date of appointment until the end of the term147
for which the member is appointed.148

       Members may be reappointed. Vacancies shall be filled in the149
same manner as provided for original appointments. Any member150
appointed to fill a vacancy occurring prior to the expiration date151
of the term for which the member was appointed shall hold office152
for the remainder of that term. A member shall continue in office153
after the expiration date of the member's term until the member's154
successor takes office or until a period of sixty days has155
elapsed, whichever occurs first. The governor may remove a member156
appointed by the governor for misfeasance, nonfeasance, or157
malfeasance in office.158

       (C) The director of development shall serve as the159
chairperson of the clean Ohio council. The council annually shall160
select from among its members a vice-chairperson and a secretary161
to keep a record of its proceedings. A majority vote of a quorum162
of the members of the council is necessary to take action on any163
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 122.65166
to 122.658 of the Revised Code and policies and requirements167
established under section 122.657 of the Revised Code, and other168
necessary procedures.169

       (D) Serving as a member of the clean Ohio council does not170
constitute holding a public office or position of employment under171
the laws of this state and does not constitute grounds for removal172
of public officers or employees from their offices or positions of173
employment. Members of the council shall serve without174
compensation for attending council meetings.175

       (E) Members appointed by the governor shall not have a176
conflict of interest with the position. For the purposes of this177
division, "conflict of interest" means the taking of any action178
that violates any provision of Chapter 102. or 2921. of the179
Revised Code.180

       (F) The department of development shall provide office space181
for the council. The council shall be assisted in its duties by182
the staff of the department of development and the environmental183
protection agency.184

       (G) Sections 101.82 to 101.87 of the Revised Code do not185
apply to the clean Ohio council.186

       Sec. 122.652. (A) An applicant seeking a grant for a187
brownfield cleanup or remediation project from the clean Ohio188
revitalization fund created in section 122.658 of the Revised Code189
shall request an application form from the appropriate integrating190
committee with geographical jurisdiction over the project for191
which a grant is sought. The applicant shall complete the192
application and include all of the information required by193
sections 122.65 to 122.658 of the Revised Code and policies and194
requirements established under section 122.657 of the Revised195
Code.196

       After completion of the application, but prior to the197
submission of the application to the integrating committee under198
division (B) of this section, the applicant shall conduct a public199
meeting concerning the application. Not later than forty-five200
days prior to conducting the public meeting, the applicant shall201
provide notice of the date and time of the public meeting in a202
newspaper of general circulation in the county in which the203
property that is the subject of the application is located. In204
addition, not later than forty-five days prior to the hearing, the205
applicant shall post notice of the date and time of the public206
meeting at the property on a sign that measures not less four feet207
by four feet or, if the political subdivision in which the sign is208
to be posted prohibits a sign of that size, the maximum size of209
sign permitted by that political subdivision.210

        In addition, not later than forty-five days prior to the211
public meeting, the applicant shall provide a copy of the212
application to a public library in the vicinity of the property213
for public review. The submission of the application and the214
location of the public library shall be included in the notice215
required under this division. The general public may submit216
comments to the applicant concerning the application prior to and217
at the public meeting.218

       (B) An applicant shall submit a completed application, all219
required information, and an application summary to the220
appropriate integrating committee. Based on a review of the221
application summaries submitted to it, an integrating committee222
shall prioritize all applications in accordance with criteria and223
procedures established pursuant to section 122.657 of the Revised224
Code. The integrating committee shall choose not more than six225
applications that it determines merit funding and shall forward226
those applications and all accompanying information to the clean227
Ohio council. In prioritizing and choosing applications under228
this division, an integrating committee shall consult with local229
and regional economic development agencies or resources, community230
development agencies or organizations, local business231
organizations, and other appropriate entities located or operating232
in the geographic jurisdiction of the integrating committee.233

       (C) The clean Ohio council shall supply application forms to234
each integrating committee.235

       Sec. 122.653. (A) Upon receipt of an application from an236
integrating committee, the clean Ohio council shall examine the237
application and all accompanying information to determine if the238
application is complete. If the council determines that the239
application is not complete, the council immediately shall notify240
the applicant that the application is not complete, provide a241
description of the information that is missing from the242
application, and return the application and all accompanying243
information to the applicant. The applicant may resubmit the244
application directly to the council.245

       (B) The council shall approve or disapprove in writing246
applications submitted to it by integrating committees for grants247
from the clean Ohio revitalization fund. The council shall not248
approve a project that fails to comply with the requirements249
established in sections 122.65 to 122.658 of the Revised Code and250
policies and requirements established under section 122.657 of the251
Revised Code. The council also shall not approve a project if the252
applicant caused or contributed to the contamination at the253
property. In approving or disapproving applications, the council254
shall use the selection process established in policies and255
requirements established under section 122.657 of the Revised Code256
and shall ensure that minority and low-income communities are not257
disproportionately affected by the failure to thoroughly clean up258
and redevelop brownfields.259

       (C) If the council approves an application under this260
section, the council shall enter into an agreement with the261
applicant to award a grant for the applicant's brownfield cleanup262
or remediation project. The agreement shall be executed prior to263
the payment or disbursement of any funds approved by the council264
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 the267
applicant who will serve as project manager;268

       (2) Procedures for the payment or disbursement of funds from269
the grant to the applicant;270

       (3) A designation of the percentage of the estimated total271
cost of the project for which the grant will provide funding,272
which shall not exceed seventy-five per cent of that cost as273
provided in section 122.658 of the Revised Code;274

       (4) A description of the manner by which the applicant will275
provide the remainder of the estimated total cost of the project,276
which shall equal at least twenty-five per cent of that cost as277
provided in section 122.658 of the Revised Code;278

       (5) An assurance that the applicant will clean up or279
remediate the brownfield to the applicable cleanup standards;280

       (6) A provision for the reimbursement of grant moneys if the281
completed project does not comply with the applicable cleanup282
standards;283

       (7) Any other provisions that the council considers necessary284
in order to ensure that the project's implementation will comply285
with the requirements established in sections 122.65 to 122.658 of286
the Revised Code and policies and requirements established under287
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 the290
department of development for the purposes of section 122.658 of291
the Revised Code.292

       (E) A grant may be awarded for a project under this section293
to an applicant to pay the costs of cleanup or remediation of a294
brownfield in order to comply with any applicable cleanup295
standards.296

       Sec. 122.654. (A) An applicant who has entered into an297
agreement with the clean Ohio council under section 122.653 of the298
Revised Code shall employ a certified professional to determine if299
the brownfield cleanup or remediation project complies with300
applicable cleanup standards. The certified professional shall301
make this determination in accordance with Chapter 3746. of the302
Revised Code and rules adopted under it. When the certified303
professional determines that the cleanup or remediation complies304
with the applicable cleanup standards, the certified professional305
shall prepare a no further action letter.306

       Upon completion of a no further action letter, the certified307
professional shall send a copy of the letter to the applicant. The308
letter shall be accompanied by both of the following:309

       (1) A written request that the applicant notify the certified310
professional as to whether the applicant wishes to submit the no311
further action letter to the director of environmental protection;312

       (2) A written notice informing the applicant that the313
original no further action letter may be submitted to the director314
only by a certified professional and that the person may receive a315
covenant not to sue under Chapter 3746. of the Revised Code and316
rules adopted under it in connection with the cleanup or317
remediation only if the no further action letter is submitted to318
the director on the applicant's behalf by the certified319
professional. 320

       In addition, the certified professional shall send a copy of321
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 certified324
professional informing the certified professional as to whether325
the applicant wishes to submit the no further action letter to the326
director and shall send a copy of the notice to the clean Ohio327
council. If the applicant's notice indicates that the applicant328
wishes to have the no further action letter submitted to the329
director, promptly after receipt of the notice, the certified330
professional shall submit the original no further action letter to331
the director by certified mail on behalf of the applicant. In332
addition, the certified professional shall send written notice to333
the clean Ohio council informing the council that the original no334
further action letter has been submitted to the director. If the335
applicant notifies the certified professional that the applicant336
does not wish to submit the no further action letter to the337
director, the certified professional shall send the original no338
further action letter to the applicant promptly after receiving339
the notice.340

        (B) If the certified professional determines that the341
cleanup or remediation does not comply with applicable cleanup342
standards, the certified professional shall send to the applicant343
and the clean Ohio council written notice of that fact and of the344
certified professional's inability to issue a no further action345
letter for the property.346

        (C) If the director receives an original no further action347
letter from a certified professional on behalf of an applicant,348
the director shall issue or deny a covenant not to sue in349
accordance with Chapter 3746. of the Revised Code and rules350
adopted under it except as otherwise specifically provided under351
sections 122.65 to 122.659 of the Revised Code.352

        (D) A certified professional shall maintain all documents353
and data prepared or acquired by the certified professional in354
connection with a cleanup or remediation for not less than ten355
years after the date of issuance of a no further action letter or356
after the notice required under division (B) of this section has357
been sent, whichever is applicable. The clean Ohio council may358
request a certified professional to provide the council with359
documents and data for purposes of verifying that the issuance of360
or inability to issue a no further action letter by the certified361
professional under sections 122.65 to 122.659 of the Revised Code362
was appropriate. In addition, if the applicant requested the363
certified professional to send the original no further action364
letter to the director, the director shall have access to those365
documents and data for purposes of the issuance or denial of a366
covenant not to sue under Chapter 3746. of the Revised Code and367
rules adopted under it.368

       Sec. 122.655. (A) A no further action letter issued under369
section 122.654 of the Revised Code, a covenant not to sue issued370
under Chapter 3746. of the Revised Code and rules adopted under371
it, if applicable, and any restrictions on the use of the property372
that are needed in order to comply with the applicable cleanup373
standards as determined by the director of environmental374
protection shall be filed by the applicant in the office of the375
county recorder of the county in which the property is located and376
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 no379
further action letter issued under section 122.654 of the Revised380
Code, a covenant not to sue issued under Chapter 3746. of the381
Revised Code and rules adopted under it, if applicable, and any382
restrictions on the use of the property, as described in division383
(A) of this section, in connection with registered land, as384
defined in section 5309.01 of the Revised Code, shall be entered385
as a memorial on the page of the register where the title of the386
owner is registered. 387

       Sec. 122.656. (A) An applicant that is in an eligible area388
may submit an application on a form prescribed by the director of389
development to request moneys from the clean Ohio assistance fund390
to pay for the cost of an assessment that is required for purposes391
of sections 122.65 to 122.658 of the Revised Code, the cleanup or392
remediation of a brownfield, or public health emergencies related393
to water supply contamination from hazardous substances or394
petroleum.395

       (B) Upon receipt of an application, the director shall396
examine the application and all accompanying information to397
determine if the application is complete. If the director398
determines that the application is not complete, the director399
immediately shall notify the applicant that the application is not400
complete, provide a description of the information that is missing401
from the application, and return the application and all402
accompanying information to the applicant. The applicant may403
resubmit the application.404

        (C) The director shall approve or disapprove in writing405
applications submitted for grants from the clean Ohio assistance406
fund under this section. The director shall not approve an407
application that fails to comply with the policies and408
requirements established under section 122.657 of the Revised409
Code and under this section. In approving or disapproving410
applications, the director shall use the criteria established411
pursuant to section 122.657 of the Revised Code. Prior to the412
approval or disapproval of an application under this section, the413
director shall notify the clean Ohio council of the pending414
approval or disapproval.415

        (D) If the director approves an application under this416
section, the director shall enter into an agreement with the417
applicant to award a grant to the applicant. The agreement shall418
be executed prior to the payment or disbursement of any funds419
approved by the director under this section.420

        (E) If the director executes an agreement under this421
section, the director shall forward a copy of the agreement to the422
clean Ohio council for the purposes of sections 122.65 to 122.658423
of the Revised Code.424

       Sec. 122.657.  For the purposes of sections 122.65 to 122.658425
of the Revised Code, the director of development shall establish426
policies and requirements regarding all of the following:427

       (A) The form and content of applications for grants from the428
clean Ohio revitalization fund under section 122.652 of the429
Revised Code. The policies and requirements shall require that430
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 grant433
is requested;434

        (3) A detailed description of the contamination caused by435
hazardous substances or petroleum at the brownfield that includes436
an explanation of the source of the contamination at the property437
as determined by an assessment, a certified copy of the results of438
the assessment, and an identification of the parties that caused439
the contamination, if known;440

       (4) A detailed explanation of the proposed cleanup or441
remediation of the brownfield, including an identification of the442
applicable cleanup standards, and a detailed description of the443
proposed use of the brownfield after completion of the cleanup or444
remediation;445

       (5) An estimate of the total cost to clean up or remediate446
the brownfield in order to comply with the applicable cleanup447
standards. The total cost shall include the cost of employing a448
certified professional under section 122.654 of the Revised Code.449

       (6) A detailed explanation of the portion of the estimated450
total cost of the cleanup or remediation of the brownfield that451
the applicant proposes to provide as required under sections452
122.653 and 122.658 of the Revised Code and financial records453
supporting the proposal;454

       (7) A certified copy of a resolution or ordinance approving455
the project that the applicant shall obtain from the board of456
township trustees of the township or the legislative authority of457
the municipal corporation in which the property is located,458
whichever is applicable;459

       (8) A description of the estimated economic benefit that will460
result from a cleanup or remediation of the brownfield;461

       (9) An application summary for purposes of review by an462
integrating committee under division (B) of section 122.652 of the463
Revised Code;464

       (10) Any other provisions that the director determines should465
be included in an application.466

       (B) Procedures for conducting public meetings and providing467
public notice under division (A) of section 122.652 of the Revised468
Code;469

       (C) Criteria to be used by integrating committees when470
prioritizing projects under division (B) of section 122.652 of the471
Revised Code. The policies and requirements also shall establish472
procedures that integrating committees shall use in applying the473
criteria.474

       (D) A selection process that provides for the prioritization475
of brownfield cleanup or remediation projects for which grant476
applications are submitted under section 122.652 of the Revised477
Code. The policies and requirements shall require the selection478
process to give priority to projects in which the post-cleanup or479
remediation use will be for a combination of residential,480
commercial, or industrial purposes, which may include the481
conversion of a portion of a brownfield to a recreation, park, or482
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 awarded485
under sections 164.20 to 164.27 of the Revised Code. The policies486
and requirements shall require the selection process to487
incorporate and emphasize all of the following factors:488

       (1) The potential economic benefit that will result from the489
cleanup or remediation of a brownfield;490

        (2) The potential environmental improvement that will result491
from the cleanup or remediation of a brownfield;492

       (3) The amount and nature of the match provided by an493
applicant as required under sections 122.653 and 122.658 of the494
Revised Code;495

       (4) Funding priorities recommended by integrating committees496
under division (B) of section 122.652 of the Revised Code;497

       (5) Any other factors that the director considers498
appropriate.499

       (E) The development of criteria that the director shall use500
when awarding grants under section 122.656 of the Revised Code and501
any other policies and requirements that the director determines502
are necessary for the administration of that section;503

       (F) The development of a brownfield cleanup and remediation504
oversight program to ensure compliance with sections 122.65 to505
122.658 of the Revised Code and policies and requirements506
established under this section. The policies and requirements507
shall require the program to include, at a minimum, both of the508
following:509

       (1) Procedures for the accounting of invoices and receipts510
and any other documents that are necessary to demonstrate that a511
cleanup or remediation was properly performed;512

        (2) Procedures that are necessary to provide a detailed513
explanation of the status of the property five years after the514
completed cleanup or remediation.515

       (G) A delineation of what constitutes administrative costs516
for purposes of divisions (C) and (E) of section 122.658 of the517
Revised Code;518

        (H) Any other policies and requirements that the director519
determines are necessary for the administration of sections 122.65520
to 122.658 of the Revised Code.521

       Sec. 122.658. (A) The clean Ohio revitalization fund is522
hereby created in the state treasury. The fund shall consist of523
moneys credited to it pursuant to section 151.40 of the Revised524
Code and shall be used to make grants for projects that have been525
approved by the clean Ohio council in accordance with section526
122.653 of the Revised Code, except that the council annually527
shall transfer five million dollars from the clean Ohio528
revitalization fund to the clean Ohio assistance fund created in529
division (C) of this section.530

       Moneys in the clean Ohio revitalization fund may be used to531
pay reasonable costs incurred by the council in administering532
sections 122.65 to 122.658 of the Revised Code. All investment533
earnings of the fund shall be credited to the fund. Investment534
earnings credited to the clean Ohio revitalization fund that535
exceed the amounts required to meet estimated federal arbitrage536
requirements shall be used to pay costs incurred by the department537
of development and the environmental protection agency pursuant to538
sections 122.65 to 122.658 of the Revised Code. The council may539
transfer any remaining investment earnings in the fund to the540
clean Ohio assistance fund, but the balance in the clean Ohio541
assistance fund as a result of the transfer shall not exceed ten542
million dollars.543

       The department of development shall administer the clean Ohio544
revitalization fund in accordance with this section, policies and545
requirements established under section 122.657 of the Revised546
Code, and the terms of agreements entered into by the council547
under section 122.653 of the Revised Code.548

       (B) Grants awarded under section 122.653 of the Revised Code549
shall provide not more than seventy-five per cent of the estimated550
total cost of a project. A grant to any one project shall not551
exceed three million dollars. An applicant shall provide at least552
twenty-five per cent of the estimated total cost of a project. The553
applicant's share may consist of one or a combination of any of554
the following:555

       (1) Payment of the cost of acquiring the property for the556
purposes of sections 122.65 to 122.658 of the Revised Code;557

       (2) Payment of the reasonable cost of an assessment at the558
property;559

        (3) The reasonable value, as determined by the council, of560
labor and materials that will be contributed by the applicant in561
performing the cleanup or remediation;562

       (4) Moneys received by the applicant in any form for use in563
performing the cleanup or remediation;564

       (5) Loans secured by the applicant for the purpose of the565
cleanup or remediation of the brownfield. 566

       Costs that were incurred more than two years prior to the567
submission of an application to the clean Ohio council for the568
acquisition of property, assessments, and labor and materials569
shall not be used as part of the applicant's matching share.570

       (C) The department of development shall not make any payment571
to an applicant from the clean Ohio revitalization fund to pay572
costs of the applicant that were not included in an application573
for a grant under section 122.653 of the Revised Code or that574
exceed the amount of the estimated total cost of the project575
included in the application. If, upon completion of a project,576
the costs of the project are less than the amounts included in the577
application, the amounts included in the application less the578
amounts of the actual costs of the project shall be credited to579
the clean Ohio revitalization fund. However, the amounts credited580
shall be equivalent in percentage to the percentage of the costs581
of the project that were to be funded by the grant from the fund.582

        (D) Grants awarded under section 122.653 of the Revised583
Code from the clean Ohio revitalization fund shall be used by an584
applicant only to pay the costs of the actual cleanup or585
remediation of a brownfield and shall not be used by an applicant586
to pay any administrative costs incurred by the applicant. Costs587
related to the use of a certified professional for purposes of588
section 122.654 of the Revised Code are not administrative costs589
and may be paid with moneys from grants awarded under section590
122.653 of the Revised Code.591

        (E) The clean Ohio assistance fund is hereby created in592
the state treasury. The fund shall consist of moneys transferred593
to it under division (A) of this section and shall be used to make594
grants for assessments, cleanup or remediation of brownfields, and595
public health emergencies that have been approved by the director596
of development under section 122.656 of the Revised Code. All597
investment earnings of the fund shall be credited to the fund. The598
department of development shall administer the fund in accordance599
with this section, policies and requirements established under600
section 122.657 of the Revised Code, and the terms of agreements601
entered into by the director under section 122.656 of the Revised602
Code.603

       (F) Grants awarded under section 122.656 of the Revised Code604
from the clean Ohio assistance fund shall be used by an applicant605
only to pay the costs of actually conducting an assessment,606
conducting a cleanup or remediation of a brownfield, or addressing607
a public health emergency related to water supply contamination608
and shall not be used by an applicant to pay any administrative609
costs incurred by the applicant. Costs related to the use of a610
certified professional for purposes of section 122.654 of the611
Revised Code are not administrative costs and may be paid with612
moneys from grants awarded under section 122.656 of the Revised613
Code.614

       Sec. 122.659. (A) Nothing in sections 122.65 to 122.658 of615
the Revised Code, nor any agreement entered into under those616
sections, shall be construed to amend, modify, repeal, or617
otherwise alter any other provision of the Revised Code relating618
to administrative, civil, or criminal penalties, or enforcement619
actions and remedies available to the environmental protection620
agency, or in any way amend, modify, repeal, or alter the621
authority of that agency to bring administrative, civil, or622
criminal actions under any provision of the Revised Code.623

       (B) Nothing in sections 122.65 to 122.658 of the Revised Code624
shall affect the ability or authority of any person that is625
undertaking or has undertaken investigation or remediation626
activities at a brownfield under those sections to seek cost627
recovery or contributions from or any relief available against any628
person who may have liability with respect to the brownfield.629

       (C) Decisions of the clean Ohio council, integrating630
committees, the environmental protection agency, and the631
department of development concerning applications for grant632
funding under sections 122.65 to 122.658 of the Revised Code are633
effective without a prior hearing under Chapter 119. of the634
Revised Code and are not appealable under that chapter or under635
any other provision of the Revised Code.636

       (D) Nothing in sections 122.65 to 122.658 of the Revised Code637
shall create or be construed as creating a cause of action against638
any member, officer, or employee of the clean Ohio council,639
integrating committees, the environmental protection agency, or640
the department of development or a substantive legal right in641
favor of any applicant for a grant under those sections.642

       Sec. 126.11.  (A)(1) The director of budget and management643
shall, upon consultation with the treasurer of state, coordinate644
and approve the scheduling of initial sales of publicly offered645
securities of the state and of publicly offered fractionalized646
interests in or securitized issues of public obligations of the647
state. The director shall from time to time develop and648
distribute to state issuers an approved sale schedule for each of649
the obligations covered by this division. This division applies650
only to those obligations on which the state or a state agency is651
the direct obligor or obligor on any backup security or related652
credit enhancement facility or source of money subject to state653
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, or 151.07, or 151.09 or Chapter 152. of the656
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; their659
purpose, security, and source of payment; and the proposed660
structure and maturity schedule;661

       (b) For review and comment: the authorizing order or662
resolution; preliminary and final offering documents; method of663
sale; preliminary and final pricing information; and any written664
reports or recommendations of financial advisors or consultants665
relating to those obligations;666

       (c) Promptly after each sale of those obligations: final667
terms, including sale price, maturity schedule and yields, and668
sources and uses; names of the original purchasers or669
underwriters; a copy of the final offering document and of the670
transcript of proceedings; and any other pertinent information671
requested by the director.672

       (3) The issuer of obligations pursuant to section 151.06 or,673
151.08, or 151.40 or Chapter 154. or 3318. of the Revised Code674
shall submit to the director:675

       (a) For review and mutual agreement: the projected sale676
date, amount, and type of obligations proposed to be sold; their677
purpose, security, and source of payment; and the proposed678
structure and maturity schedule;679

       (b) For review and comment: the authorizing order or680
resolution; preliminary and final offering documents; method of681
sale; preliminary and final pricing information; and any written682
reports or recommendations of financial advisors or consultants683
relating to those obligations;684

       (c) Promptly after each sale of those obligations: final685
terms, including sale price, maturity schedule and yields, and686
sources and uses; names of the original purchasers or687
underwriters; a copy of the final offering document and of the688
transcript of proceedings; and any other pertinent information689
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 Code692
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 final696
offering documents;697

       (b) Promptly after each sale of those obligations: final698
terms, including a maturity schedule; names of the original699
purchasers or underwriters; a copy of the complete continuing700
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent701
rule as from time to time in effect; and any other pertinent702
information requested by the director.703

       (5) Not later than thirty days after the end of a fiscal704
year, each issuer of obligations subject to divisions (A) and (B)705
of this section shall submit to the director and to the treasurer706
of state a sale plan for the then current fiscal year for each707
type of obligation, projecting the amount and term of each708
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., or711
6123. of the Revised Code, and issuers of securities issued712
pursuant to Chapter 165. of the Revised Code other than a county713
or municipal corporation, shall submit to the director copies of714
the preliminary and final offering documents upon their715
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 outstanding719
public obligations with respect to which fractionalized interests720
have been publicly issued, such as certificates of participation,721
shall submit a report to the director of the amounts payable from722
state appropriations under those public obligations during the723
then current and next two fiscal years, identifying the724
appropriation or intended appropriation from which payment is725
expected to be made.726

       (D)(1) Information relating generally to the historic,727
current, or future demographics or economy or financial condition728
or funds or general operations of the state, and descriptions of729
any state contractual obligations relating to public obligations,730
to be contained in any offering document, continuing disclosure731
document, or written presentation prepared, approved, or provided,732
or committed to be provided, by an issuer in connection with the733
original issuance and sale of, or rating, remarketing, or credit734
enhancement facilities relating to, public obligations referred to735
in division (A) of this section shall be approved as to format and736
accuracy by the director before being presented, published, or737
disseminated in preliminary, draft, or final form, or publicly738
filed in paper, electronic, or other format.739

       (2) Except for information described in division (D)(1) of740
this section that is to be contained in an offering document,741
continuing disclosure document, or written presentation, division742
(D)(1) of this section does not inhibit direct communication743
between an issuer and a rating agency, remarketing agent, or744
credit enhancement provider concerning an issuance of public745
obligations referred to in division (A) of this section or matters746
associated with that issuance.747

       (3) The materials approved and provided pursuant to division748
(D) of this section are the information relating to the particular749
subjects provided by the state or state agencies that are required750
or contemplated by any applicable state or federal securities laws751
and any commitments by the state or state agencies made under752
those laws. Reliance for the purpose should not be placed on any753
other information publicly provided, in any format including754
electronic, by any state agency for other purposes, including755
general information provided to the public or to portions of the756
public. A statement to that effect shall be included in those757
materials so approved or provided.758

       (E) Issuers of obligations referred to in division (A) of759
this section may take steps, by formal agreement, covenants in the760
proceedings, or otherwise, as may be necessary or appropriate to761
comply or permit compliance with applicable lawful disclosure762
requirements relating to those obligations, and may, subject to763
division (D) of this section, provide, make available, or file764
copies of any required disclosure materials as necessary or765
appropriate. Any such formal agreement or covenant relating to766
subjects referred to in division (D) of this section, and any767
description of that agreement or covenant to be contained in any768
offering document, shall be approved by the director before being769
entered into or published or publicly disseminated in preliminary,770
draft, or final form or publicly filed in paper, electronic, or771
other format. The director shall be responsible for making all772
filings in compliance with those requirements relating to direct773
obligations of the state, including fractionalized interests in774
those obligations.775

       (F) No state agency or official shall, without the approval776
of the director of budget and management, do either of the777
following:778

       (1) Enter into or commit to enter into a public obligation779
under which fractionalized interests in the payments are to be780
publicly offered, which payments are anticipated to be made from781
money from any source appropriated or to be appropriated by the782
general assembly or in which the provision stated in section 9.94783
of the Revised Code is not included;784

       (2) Except as otherwise expressly authorized for the purpose785
by law, agree or commit to provide, from money from any source to786
be appropriated in the future by the general assembly, financial787
assistance to or participation in the costs of capital facilities,788
or the payment of debt charges, directly or by way of a credit789
enhancement facility, a reserve, rental payments, or otherwise, on790
obligations issued to pay costs of capital facilities.791

       (G) As used in this section, "credit enhancement792
facilities," "debt charges," "fractionalized interests in public793
obligations," "obligor," "public issuer," and "securities" have794
the same meanings as in section 133.01 of the Revised Code;795
"public obligation" has the same meaning as in division (GG)(2) of796
section 133.01 of the Revised Code; "obligations" means securities797
or public obligations or fractionalized interests in them;798
"issuers" means issuers of securities or state obligors on public799
obligations; "offering document" means an official statement,800
offering circular, private placement memorandum, or prospectus, or801
similar document; and "director" means the director of budget and802
management or the employee of the office of budget and management803
designated by the director for the purpose.804

       Sec. 151.01.  (A) As used in sections 151.01 to 151.08805
151.09 and 151.40 of the Revised Code and in the applicable bond806
proceedings unless otherwise provided:807

       (1) "Bond proceedings" means the resolutions, orders,808
agreements, and credit enhancement facilities, and amendments and809
supplements to them, or any one or more or combination of them,810
authorizing, awarding, or providing for the terms and conditions811
applicable to or providing for the security or liquidity of, the812
particular obligations, and the provisions contained in those813
obligations.814

       (2) "Bond service fund" means the respective bond service815
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07, or816
151.08, 151.09, or 151.40 of the Revised Code, and any accounts in817
that fund, including all moneys and investments, and earnings from818
investments, credited and to be credited to that fund and accounts819
as and to the extent provided in the applicable bond proceedings.820

       (3) "Capital facilities" means capital facilities or projects821
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,822
or 151.08, 151.09, or 151.40 of the Revised Code.823

       (4) "Costs of capital facilities" means the costs of824
acquiring, constructing, reconstructing, rehabilitating,825
remodeling, renovating, enlarging, improving, equipping, or826
furnishing capital facilities, and of the financing of those827
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, or 151.08, 151.09, or 151.40 of the830
Revised Code, the cost of clearance and preparation of the site831
and of any land to be used in connection with capital facilities,832
the cost of any indemnity and surety bonds and premiums on833
insurance, all related direct administrative expenses and834
allocable portions of direct costs of the issuing authority, costs835
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 interest838
is to be paid from sources other than proceeds of obligations,839
amounts necessary to establish any reserves as required by the840
bond proceedings, the reimbursement of all moneys advanced or841
applied by or borrowed from any person or governmental agency or842
entity for the payment of any item of costs of capital facilities,843
and all other expenses necessary or incident to planning or844
determining feasibility or practicability with respect to capital845
facilities, and such other expenses as may be necessary or846
incident to the acquisition, construction, reconstruction,847
rehabilitation, remodeling, renovation, enlargement, improvement,848
equipment, and furnishing of capital facilities, the financing of849
those costs, and the placing of the capital facilities in use and850
operation, including any one, part of, or combination of those851
classes of costs and expenses.852

       (5) "Credit enhancement facilities," "financing costs," and853
"interest" or "interest equivalent" have the same meanings as in854
section 133.01 of the Revised Code.855

       (6) "Debt service" means principal, including any mandatory856
sinking fund or redemption requirements for retirement of857
obligations, interest and other accreted amounts, interest858
equivalent, and any redemption premium, payable on obligations. 859
If not prohibited by the applicable bond proceedings, debt service860
includes costs relating to credit enhancement facilities that are861
related to and represent, or are intended to provide a source of862
payment of or limitation on, other debt service.863

       (7) "Issuing authority" means the Ohio public facilities864
commission created in section 151.02 of the Revised Code for865
obligations issued under section 151.03, 151.04, 151.05, or866
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 the869
Revised Code.870

       (8) "Net proceeds" means amounts received from the sale of871
obligations, excluding amounts used to refund or retire872
outstanding obligations, amounts required to be deposited into873
special funds pursuant to the applicable bond proceedings, and874
amounts to be used to pay financing costs.875

       (9) "Obligations" means bonds, notes, or other evidences of876
obligation of the state, including any appertaining interest877
coupons, issued pursuant to sections 151.01 to 151.08151.09 or878
151.40 of the Revised Code.879

       (10) "Principal amount" means the aggregate of the amount as880
stated or provided for in the applicable bond proceedings as the881
amount on which interest or interest equivalent on particular882
obligations is initially calculated. Principal amount does not883
include any premium paid to the state by the initial purchaser of884
the obligations. "Principal amount" of a capital appreciation885
bond, as defined in division (C) of section 3334.01 of the Revised886
Code, means its face amount, and "principal amount" of a zero887
coupon bond, as defined in division (J) of section 3334.01 of the888
Revised Code, means the discounted offering price at which the889
bond is initially sold to the public, disregarding any purchase890
price discount to the original purchaser if provided for pursuant891
to the authorizing law of the Revised Code.892

       (11) "Special funds" or "funds," unless the context indicates893
otherwise, means the bond service fund, and any other funds,894
including any reserve funds, created under the bond proceedings895
and stated to be special funds in those proceedings, including896
moneys and investments, and earnings from investments, credited897
and to be credited to the particular fund. Special funds do not898
include the school building program assistance fund created by899
section 3318.25 of the Revised Code, the higher education900
improvement fund created by division (F) of section 154.21 of the901
Revised Code, the highway capital improvement bond fund created by902
section 5528.53 of the Revised Code, the state parks and natural903
resources fund created by section 1557.02 of the Revised Code, the904
coal research and development fund created by section 1555.15 of905
the Revised Code, the clean Ohio conservation fund created by906
section 164.27 of the Revised Code, the clean Ohio revitalization907
fund created by section 122.658 of the Revised Code, or other908
funds created by the bond proceedings that are not stated by those909
proceedings to be special funds.910

       (B) Subject to sectionSection 2l, 2m, 2n, 2o, or 15, and911
Section 17 of Article VIII, Ohio Constitution, the state, by the912
issuing authority, is authorized to issue and sell, as provided in913
sections 151.03 to 151.08151.09 or 151.40 of the Revised Code,914
and in respective aggregate principal amounts as from time to time915
provided or authorized by the general assembly, general916
obligations of this state for the purpose of paying costs of917
capital facilities or projects identified by or pursuant to918
general assembly action.919

       (C) Each issue of obligations shall be authorized by920
resolution or order of the issuing authority. The bond921
proceedings shall provide for or authorize the manner for922
determining the principal amount or maximum principal amount of923
obligations of an issue, the principal maturity or maturities, the924
interest rate or rates, the date of and the dates of payment of925
interest on the obligations, their denominations, and the place or926
places of payment of debt service which may be within or outside927
the state. Unless otherwise provided by law, the latest principal928
maturity may not be later than the earlier of the thirty-first day929
of December of the twenty-fifth calendar year after the year of930
issuance of the particular obligations or of the twenty-fifth931
calendar year after the year in which the original obligation to932
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. The934
purpose of the obligations may be stated in the bond proceedings935
in general terms, such as, as applicable, "financing or assisting936
in the financing of projects as provided in Section 2l of Article937
VIII, Ohio Constitution," "financing or assisting in the financing938
of highway capital improvement projects as provided in Section 2m939
of Article VIII, Ohio Constitution," "paying costs of capital940
facilities for a system of common schools throughout the state as941
authorized by Section 2n of Article VIII, Ohio Constitution,"942
"paying costs of capital facilities for state-supported and943
state-assisted institutions of higher education as authorized by944
Section 2n of Article VIII, Ohio Constitution," "paying costs of945
coal research and development as authorized by Section 15 of946
Article VIII, Ohio Constitution," or "financing or assisting in947
the financing of local subdivision capital improvement projects as948
authorized by Section 2m of Article VIII, Ohio Constitution.," or949
"paying costs of conservation or revitalization projects as950
authorized by Section 2o of Article VIII, Ohio Constitution."951

       (D) The issuing authority may appoint or provide for the952
appointment of paying agents, bond registrars, securities953
depositories, clearing corporations, and transfer agents, and may954
without need for any other approval retain or contract for the955
services of underwriters, investment bankers, financial advisers,956
accounting experts, marketing, remarketing, indexing, and957
administrative agents, other consultants, and independent958
contractors, including printing services, as are necessary in the959
judgment of the issuing authority to carry out itsthe issuing960
authority's functions under Chapter 151. of the Revised Codethis961
chapter. When the issuing authority is the Ohio public facilities962
commission, the issuing authority also may without need for any963
other approval retain or contract for the services of attorneys964
and other professionals for that purpose. Financing costs are965
payable, as may be provided in the bond proceedings, from the966
proceeds of the obligations, from special funds, or from other967
moneys available for the purpose.968

       (E) The bond proceedings may contain additional provisions969
customary or appropriate to the financing or to the obligations or970
to particular obligations including, but not limited to,971
provisions for:972

       (1) The redemption of obligations prior to maturity at the973
option of the state or of the holder or upon the occurrence of974
certain conditions, and at particular price or prices and under975
particular terms and conditions;976

       (2) The form of and other terms of the obligations;977

       (3) The establishment, deposit, investment, and application978
of special funds, and the safeguarding of moneys on hand or on979
deposit, in lieu of the applicability of provisions of Chapter980
131. or 135. of the Revised Code, but subject to any special981
provisions of sections 151.01 to 151.08151.09 or 151.40 of the982
Revised Code with respect to the application of particular funds983
or moneys. Any financial institution that acts as a depository of984
any moneys in special funds or other funds under the bond985
proceedings may furnish indemnifying bonds or pledge securities as986
required by the issuing authority.987

       (4) Any or every provision of the bond proceedings being988
binding upon the issuing authority and upon such governmental989
agency or entity, officer, board, commission, authority, agency,990
department, institution, district, or other person or body as may991
from time to time be authorized to take actions as may be992
necessary to perform all or any part of the duty required by the993
provision;994

       (5) The maintenance of each pledge or instrument comprising995
part of the bond proceedings until the state has fully paid or996
provided for the payment of the debt service on the obligations or997
met other stated conditions;998

       (6) In the event of default in any payments required to be999
made by the bond proceedings, or by any other agreement of the1000
issuing authority made as part of a contract under which the1001
obligations were issued or secured, including a credit enhancement1002
facility, the enforcement of those payments by mandamus, a suit in1003
equity, an action at law, or any combination of those remedial1004
actions;1005

       (7) The rights and remedies of the holders or owners of1006
obligations or of book-entry interests in them, and of third1007
parties under any credit enhancement facility, and provisions for1008
protecting and enforcing those rights and remedies, including1009
limitations on rights of individual holders or owners;1010

       (8) The replacement of mutilated, destroyed, lost, or stolen1011
obligations;1012

       (9) The funding, refunding, or advance refunding, or other1013
provision for payment, of obligations that will then no longer be1014
outstanding for purposes of this section or of the applicable bond1015
proceedings;1016

       (10) Amendment of the bond proceedings;1017

       (11) Any other or additional agreements with the owners of1018
obligations, and such other provisions as the issuing authority1019
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 be1022
affixed to or printed on the obligations. The obligations1023
requiring execution by or for the issuing authority shall be1024
signed as provided in the bond proceedings. Any obligations may1025
be signed by the individual who on the date of execution is the1026
authorized signer although on the date of these obligations that1027
individual is not an authorized signer. In case the individual1028
whose signature or facsimile signature appears on any obligation1029
ceases to be an authorized signer before delivery of the1030
obligation, that signature or facsimile is nevertheless valid and1031
sufficient for all purposes as if that individual had remained the1032
authorized signer until delivery.1033

       (G) Obligations are investment securities under Chapter1034
1308. of the Revised Code. Obligations may be issued in bearer or1035
in registered form, registrable as to principal alone or as to1036
both principal and interest, or both, or in certificated or1037
uncertificated form, as the issuing authority determines. 1038
Provision may be made for the exchange, conversion, or transfer of1039
obligations and for reasonable charges for registration, exchange,1040
conversion, and transfer. Pending preparation of final1041
obligations, the issuing authority may provide for the issuance of1042
interim instruments to be exchanged for the final obligations.1043

       (H) Obligations may be sold at public sale or at private1044
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 the1046
bond proceedings.1047

       (I) Except to the extent that rights are restricted by the1048
bond proceedings, any owner of obligations or provider of a credit1049
enhancement facility may by any suitable form of legal proceedings1050
protect and enforce any rights relating to obligations or that1051
facility under the laws of this state or granted by the bond1052
proceedings. Those rights include the right to compel the1053
performance of all applicable duties of the issuing authority and1054
the state. Each duty of the issuing authority and that1055
authority's officers, staff, and employees, and of each state1056
entity or agency, or using district or using institution, and its1057
officers, members, staff, or employees, undertaken pursuant to the1058
bond proceedings, is hereby established as a duty of the entity or1059
individual having authority to perform that duty, specifically1060
enjoined by law and resulting from an office, trust, or station1061
within the meaning of section 2731.01 of the Revised Code. The1062
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 not1066
liable in their personal capacities on any obligations or1067
otherwise under the bond proceedings.1068

       (J)(1) Subject to sectionSection 2l, 2m, 2n, 2o, or 15, and1069
Section 17, of Article VIII, Ohio Constitution and sections 151.011070
to 151.08151.09 or 151.40 of the Revised Code, the issuing1071
authority may, in addition to the authority referred to in1072
division (B) of this section, authorize and provide for the1073
issuance of:1074

       (a) Obligations in the form of bond anticipation notes, and1075
may provide for the renewal of those notes from time to time by1076
the issuance of new notes. The holders of notes or appertaining1077
interest coupons have the right to have debt service on those1078
notes paid solely from the moneys and special funds that are or1079
may be pledged to that payment, including the proceeds of bonds or1080
renewal notes or both, as the issuing authority provides in the1081
bond proceedings authorizing the notes. Notes may be additionally1082
secured by covenants of the issuing authority to the effect that1083
the issuing authority and the state will do all things necessary1084
for the issuance of bonds or renewal notes in such principal1085
amount and upon such terms as may be necessary to provide moneys1086
to pay when due the debt service on the notes, and apply their1087
proceeds to the extent necessary, to make full and timely payment1088
of debt service on the notes as provided in the applicable bond1089
proceedings. In the bond proceedings authorizing the issuance of1090
bond anticipation notes the issuing authority shall set forth for1091
the bonds anticipated an estimated schedule of annual principal1092
payments the latest of which shall be no later than provided in1093
division (C) of this section. While the notes are outstanding1094
there shall be deposited, as shall be provided in the bond1095
proceedings for those notes, from the sources authorized for1096
payment of debt service on the bonds, amounts sufficient to pay1097
the principal of the bonds anticipated as set forth in that1098
estimated schedule during the time the notes are outstanding,1099
which amounts shall be used solely to pay the principal of those1100
notes or of the bonds anticipated.1101

       (b) Obligations for the refunding, including funding and1102
retirement, and advance refunding with or without payment or1103
redemption prior to maturity, of any obligations previously1104
issued. Refunding obligations may be issued in amounts sufficient1105
to pay or to provide for repayment of the principal amount,1106
including principal amounts maturing prior to the redemption of1107
the remaining prior obligations, any redemption premium, and1108
interest accrued or to accrue to the maturity or redemption date1109
or dates, payable on the prior obligations, and related financing1110
costs and any expenses incurred or to be incurred in connection1111
with that issuance and refunding. Subject to the applicable bond1112
proceedings, the portion of the proceeds of the sale of refunding1113
obligations issued under division (J)(1)(b) of this section to be1114
applied to debt service on the prior obligations shall be credited1115
to an appropriate separate account in the bond service fund and1116
held in trust for the purpose by the issuing authority or by a1117
corporate trustee. Obligations authorized under this division1118
shall be considered to be issued for those purposes for which the1119
prior obligations were issued.1120

       (2) Except as otherwise provided in sections 151.01 to1121
151.08151.09 or 151.40 of the Revised Code, bonds or notes1122
authorized pursuant to division (J) of this section are subject to1123
the provisions of those sections pertaining to obligations1124
generally.1125

       (3) The principal amount of refunding or renewal obligations1126
issued pursuant to division (J) of this section shall be in1127
addition to the amount authorized by the general assembly as1128
referred to in division (B) of the following sections: section1129
151.03, 151.04, 151.05, 151.06, 151.07, or 151.08, 151.09, or1130
151.40 of the Revised Code.1131

       (K) Obligations are lawful investments for banks, savings1132
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 or1135
other officers having charge of sinking and bond retirement or1136
other special funds of the state and political subdivisions and1137
taxing districts of this state, the sinking fund, the1138
administrator of workers' compensation subject to the approval of1139
the workers' compensation board, the state teachers retirement1140
system, the public employees retirement system, the school1141
employees retirement system, and the Ohio police and fire pension1142
fund, notwithstanding any other provisions of the Revised Code or1143
rules adopted pursuant to those provisions by any state agency1144
with respect to investments by them, and are also acceptable as1145
security for the repayment of the deposit of public moneys. The1146
exemptions from taxation in Ohio as provided for in particular1147
sections of the Ohio Constitution and section 5709.76 of the1148
Revised Code apply to the obligations.1149

       (L)(1) Unless otherwise provided or provided for in any1150
applicable bond proceedings, moneys to the credit of or in a1151
special fund shall be disbursed on the order of the issuing1152
authority. No such order is required for the payment, from the1153
bond service fund or other special fund, when due of debt service1154
or required payments under credit enhancement facilities.1155

       (2) Payments received by the state under interest rate1156
hedges entered into as credit enhancement facilities under this1157
chapter shall be deposited to the credit of the bond service fund1158
for the obligations to which those credit enhancement facilities1159
relate.1160

       (M) The full faith and credit, revenue, and taxing power of1161
the state are and shall be pledged to the timely payment of debt1162
service on outstanding obligations as it comes due, all in1163
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, or 151.08, or 151.09 of the Revised Code. Moneys referred1166
to in Section 5a of Article XII, Ohio Constitution, may not be1167
pledged or used for the payment of debt service except on1168
obligations referred to in section 151.06 of the Revised Code. The1169
state covenants, and that covenant shall be controlling1170
notwithstanding any other provision of law, that the state and the1171
applicable officers and agencies of the state, including the1172
general assembly, shall, so long as any obligations are1173
outstanding in accordance with their terms, maintain statutory1174
authority for and cause to be levied, collected and applied1175
sufficient pledged excises, taxes, and revenues of the state so1176
that the revenues shall be sufficient in amounts to pay debt1177
service when due, to establish and maintain any reserves and other1178
requirements, and to pay financing costs, including costs of or1179
relating to credit enhancement facilities, all as provided for in1180
the bond proceedings. Those excises, taxes, and revenues are and1181
shall be deemed to be levied and collected, in addition to the1182
purposes otherwise provided for by law, to provide for the payment1183
of debt service and financing costs in accordance with sections1184
151.01 to 151.08 of the Revised Code and the bond proceedings.1185

       (N) The general assembly may from time to time repeal or1186
reduce any excise, tax, or other source of revenue pledged to the1187
payment of the debt service pursuant to Section 2l, 2m, 2n, 2o, or1188
15 of Article VIII, Ohio Constitution, and sections 151.01 to1189
151.08151.09 of the Revised Code, and may levy, collect and apply1190
any new or increased excise, tax, or revenue to meet the pledge,1191
to the payment of debt service on outstanding obligations, of the1192
state's full faith and credit, revenue and taxing power, except1193
fees, excises or taxes referred to in Section 5a of Article XII,1194
Ohio Constitution, for other than obligations referred to in1195
section 151.06 of the Revised Code and except net state lottery1196
proceeds for other than obligations referred to in section 151.031197
of the Revised Code. Nothing in division (N) of this section1198
authorizes any impairment of the obligation of this state to levy1199
and collect sufficient excises, taxes, and revenues to pay debt1200
service on obligations outstanding in accordance with their terms.1201

       (O) Each bond service fund is a trust fund and is hereby1202
pledged to the payment of debt service on the applicable1203
obligations. Payment of that debt service shall be made or1204
provided for by the issuing authority in accordance with the bond1205
proceedings without necessity for any act of appropriation. The1206
bond proceedings may provide for the establishment of separate1207
accounts in the bond service fund and for the application of those1208
accounts only to debt service on specific obligations, and for1209
other accounts in the bond service fund within the general1210
purposes of that fund.1211

       (P) Subject to the bond proceedings pertaining to any1212
obligations then outstanding in accordance with their terms, the1213
issuing authority may in the bond proceedings pledge all, or such1214
portion as the issuing authority determines, of the moneys in the1215
bond service fund to the payment of debt service on particular1216
obligations, and for the establishment and maintenance of any1217
reserves for payment of particular debt service.1218

       (Q) TheFor obligations issued pursuant to sections 151.01 to1219
151.09 of the Revised Code, the issuing authority shall by the1220
fifteenth day of the July of each fiscal year, certify or cause to1221
be certified to the office of budget and management the total1222
amount of moneys required during the current fiscal year to meet1223
in full all debt service on the respective obligations and any1224
related financing costs payable from the applicable bond service1225
fund and not from the proceeds of refunding or renewal1226
obligations. The issuing authority shall make or cause to be made1227
supplemental certifications to the office of budget and management1228
for each debt service payment date and at such other times during1229
each fiscal year as may be provided in the bond proceedings or1230
requested by that office. Debt service, costs of credit1231
enhancement facilities, and other financing costs shall be set1232
forth separately in each certification. If and so long as the1233
moneys to the credit of the bond service fund, together with any1234
other moneys available for the purpose, are insufficient to meet1235
in full all payments when due of the amount required as stated in1236
the certificate or otherwise, the office of budget and management1237
shall at the times as provided in the bond proceedings, and1238
consistent with any particular provisions in sections 151.03 to1239
151.08151.09 of the Revised Code, transfer a sufficient amount to1240
the bond service fund from the revenues derived from excises,1241
taxes, and other revenues, including net state lottery proceeds in1242
the case of obligations referred to in section 151.03 of the1243
Revised Code.1244

       (R) Unless otherwise provided in any applicable bond1245
proceedings, moneys to the credit of special funds may be invested1246
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 United1248
States or of any agency or instrumentality of the United States,1249
or in no-front-end-load money market mutual funds consisting1250
exclusively of those obligations, or in repurchase agreements,1251
including those issued by any fiduciary, secured by those1252
obligations, or in collective investment funds consisting1253
exclusively of those obligations;1254

       (2) Obligations of this state or any political subdivision1255
of this state;1256

       (3) Certificates of deposit of any national bank located in1257
this state and any bank, as defined in section 1101.01 of the1258
Revised Code, subject to inspection by the superintendent of1259
financial institutions;1260

       (4) The treasurer of state's pooled investment program under1261
section 135.45 of the Revised Code.1262

       The income from investments referred to in division (R) of1263
this section shall, unless otherwise provided in sections 151.011264
to 151.08151.09 or 151.40 of the Revised Code, be credited to1265
special funds or otherwise as the issuing authority determines in1266
the bond proceedings. Those investments may be sold or exchanged1267
at times as the issuing authority determines, provides for, or1268
authorizes.1269

       (S) The treasurer of state shall have responsibility for1270
keeping records, making reports, and making payments, relating to1271
any arbitrage rebate requirements under the applicable bond1272
proceedings.1273

       Sec. 151.09. (A) As used in this section:1274

       (1) "Costs of conservation projects" includes related direct1275
administrative expenses and allocable portions of the direct costs1276
of those projects of the department of agriculture or Ohio public1277
works commission.1278

       (2) "Obligations" means obligations issued to pay costs of1279
projects for conservation purposes as referred to in division1280
(A)(1) of Section 2o of Article VIII, Ohio Constitution.1281

       (B) The issuing authority shall issue general obligations1282
of the state to pay costs of conservation projects pursuant to1283
division (B)(1) of Section 2o of Article VIII, Ohio Constitution,1284
section 151.01 of the Revised Code, and this section. The issuing1285
authority, upon the certification to it by the Ohio public works1286
commission of amounts needed in and for the purposes of the clean1287
Ohio conservation fund created by section 164.27 of the Revised1288
Code, shall issue obligations in the amount determined by the1289
issuing authority to be required for those purposes.1290

       (C) Net proceeds of obligations shall be deposited into the1291
clean Ohio conservation fund created by section 164.27 of the1292
Revised Code.1293

       (D) There is hereby created in the state treasury the1294
conservation projects bond service fund. All moneys received by1295
the state and required by the bond proceedings, consistent with1296
section 151.01 of the Revised Code and this section, to be1297
deposited, transferred, or credited to the bond service fund, and1298
all other moneys transferred or allocated to or received for the1299
purposes of that fund, shall be deposited and credited to the bond1300
service fund, subject to any applicable provisions of the bond1301
proceedings, but without necessity for any act of appropriation.1302
During the period beginning with the date of the first issuance of1303
obligations and continuing during the time that any obligations1304
are outstanding in accordance with their terms, so long as moneys1305
in the bond service fund are insufficient to pay debt service when1306
due on those obligations payable from that fund, except the1307
principal amounts of bond anticipation notes payable from the1308
proceeds of renewal notes or bonds anticipated, and due in the1309
particular fiscal year, a sufficient amount of revenues of the1310
state is committed and, without necessity for further act of1311
appropriation, shall be paid to the bond service fund for the1312
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, and1315
any amendments or supplements to them, as authorized by this1316
section.1317

        (2) "Costs of revitalization projects" includes related1318
direct administrative expenses and allocable portions of the1319
direct costs of those projects of the department of development or1320
the environmental protection agency.1321

        (3) "Issuing authority" means the treasurer of state.1322

        (4) "Obligations" means obligations issued to pay the costs1323
of projects for revitalization purposes as referred to in division1324
(A)(2) of Section 2o of Article VIII, Ohio Constitution.1325

        (5) "Pledged liquor profits" means all receipts of the1326
state representing the gross profit on the sale of spirituous1327
liquor, as referred to in division (B)(4) of section 4301.10 of1328
the Revised Code, after paying all costs and expenses of the1329
division of liquor control and providing an adequate working1330
capital reserve for the division of liquor control as provided in1331
that division, but excluding the sum required by the second1332
paragraph of section 4301.12 of the Revised Code, as it was in1333
effect on May 2, 1980, to be paid into the state treasury.1334

        (6) "Pledged receipts" means, as and to the extent provided1335
in bond proceedings:1336

        (a) Pledged liquor profits. The pledge of pledged liquor1337
profits to obligations is subject to the priority of the pledge of1338
those profits to obligations issued and to be issued, and1339
guarantees made and to be made, pursuant to Chapter 166. of the1340
Revised Code.1341

        (b) Moneys accruing to the state from the lease, sale, or1342
other disposition or use of revitalization projects or from the1343
repayment, including any interest, of loans or advances made from1344
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 receipts1348
therefrom, available for the payment of debt service.1349

        (B) The issuing authority shall issue obligations of the1350
state to pay costs of revitalization projects pursuant to division1351
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section1352
151.01 of the Revised Code as applicable to this section, and this1353
section. The issuing authority, upon the certification to it by1354
the clean Ohio council of the amount of moneys needed in and for1355
the purposes of the clean Ohio revitalization fund created by1356
section 122.658 of the Revised Code, shall issue obligations in1357
the amount determined by the issuing authority to be required for1358
those purposes. The provisions and authorizations in section1359
151.01 of the Revised Code apply to the obligations and the bond1360
proceedings except as otherwise provided or provided for in those1361
obligations and bond proceedings.1362

        (C) Net proceeds of obligations shall be deposited in the1363
clean Ohio revitalization fund created in section 122.658 of the1364
Revised Code.1365

        (D) There is hereby created the revitalization projects1366
bond service fund, which shall be in the custody of the treasurer1367
of state, but shall be separate and apart from and not a part of1368
the state treasury. All money received by the state and required1369
by the bond proceedings, consistent with section 151.01 of the1370
Revised Code and this section, to be deposited, transferred, or1371
credited to the bond service fund, and all other money transferred1372
or allocated to or received for the purposes of that fund, shall1373
be deposited and credited to the bond service fund, subject to any1374
applicable provisions of the bond proceedings, but without1375
necessity for any act of appropriation. During the period1376
beginning with the date of the first issuance of obligations and1377
continuing during the time that any obligations are outstanding in1378
accordance with their terms, so long as moneys in the bond service1379
fund are insufficient to pay debt service when due on those1380
obligations payable from that fund, except the principal amounts1381
of bond anticipation notes payable from the proceeds of renewal1382
notes or bonds anticipated, and due in the particular fiscal year,1383
a sufficient amount of pledged receipts is committed and, without1384
necessity for further act of appropriation, shall be paid to the1385
bond service fund for the purpose of paying that debt service when1386
due.1387

        (E) The issuing authority may pledge all, or such portion1388
as the issuing authority determines, of the pledged receipts to1389
the payment of the debt service charges on obligations issued1390
under this section, and for the establishment and maintenance of1391
any reserves, as provided in the bond proceedings, and make other1392
provisions in the bond proceedings with respect to pledged1393
receipts as authorized by this section, which provisions are1394
controlling notwithstanding any other provisions of law pertaining1395
to them.1396

        (F) The issuing authority may covenant in the bond1397
proceedings, and such covenants shall be controlling1398
notwithstanding any other provision of law, that the state and1399
applicable officers and state agencies, including the general1400
assembly, so long as any obligations issued under this section are1401
outstanding, shall maintain statutory authority for and cause to1402
be charged and collected wholesale or retail prices for spirituous1403
liquor sold by the state or its agents so that the available1404
pledged receipts are sufficient in time and amount to meet debt1405
service payable from pledged liquor profits and for the1406
establishment and maintenance of any reserves and other1407
requirements provided for in the bond proceedings.1408

        (G) Obligations may be further secured, as determined by1409
the issuing authority, by a trust agreement between the state and1410
a corporate trustee, which may be any trust company or bank having1411
its principal place of business within the state. Any trust1412
agreement may contain the resolution or order authorizing the1413
issuance of the obligations, any provisions that may be contained1414
in any bond proceedings, and other provisions that are customary1415
or appropriate in an agreement of that type, including, but not1416
limited to:1417

        (1) Maintenance of each pledge, trust agreement, or other1418
instrument comprising part of the bond proceedings until the state1419
has fully paid or provided for the payment of debt service on the1420
obligations secured by it;1421

        (2) In the event of default in any payments required to be1422
made by the bond proceedings, enforcement of those payments or1423
agreements by mandamus, the appointment of a receiver, suit in1424
equity, action at law, or any combination of them;1425

        (3) The rights and remedies of the holders or owners of1426
obligations and of the trustee and provisions for protecting and1427
enforcing them, including limitations on rights of individual1428
holders and owners.1429

        (H) The obligations shall not be general obligations of the1430
state and the full faith and credit, revenue, and taxing power of1431
the state shall not be pledged to the payment of debt service on1432
them. The holders or owners of the obligations shall have no right1433
to have any moneys obligated or pledged for the payment of debt1434
services except as provided in this section and in the applicable1435
bond proceedings. The rights of the holders and owners to payment1436
of debt service are limited to all or that portion of the pledged1437
receipts, and those special funds, pledged to the payment of debt1438
service pursuant to the bond proceedings in accordance with this1439
section, and each obligation shall bear on its face a statement to1440
that effect.1441

       Sec. 164.02.  (A) The general assembly finds that public1442
infrastructure capital improvements are necessary to preserve the1443
public capital infrastructure of local subdivisions, ensure the1444
public health, safety, and welfare, create and preserve jobs,1445
enhance employment opportunities, and improve the economic welfare1446
of the people of this state. Accordingly, it is declared to be1447
the public policy of this state, through the operation of this1448
chapter and pursuant to Sections 2k and 2m of Article VIII, Ohio1449
Constitution, to assist local subdivisions to finance public1450
infrastructure capital improvements. In furtherance of such1451
public policy and to implement such purpose, there is hereby1452
created the Ohio public works commission consisting of seven1453
members who shall be appointed as follows: two persons shall be1454
appointed by the speaker of the house of representatives; one1455
person shall be appointed by the minority leader of the house of1456
representatives; two persons shall be appointed by the president1457
of the senate; one person shall be appointed by the minority1458
leader of the senate; and one person from the private sector, who1459
shall have at least eight years experience in matters of public1460
finance, shall be appointed alternately by the speaker of the1461
house of representatives and the president of the senate, with the1462
speaker of the house making the first appointment. The director1463
of transportation, the director of environmental protection, the1464
director of development, the director of natural resources, and1465
the chairperson of the Ohio water development authority shall be1466
nonvoting, ex officio members of the commission. The initial1467
appointments made to the commission by the minority leaders of the1468
senate and house of representatives and one of the initial1469
appointments made by the speaker of the house of representatives1470
and the president of the senate shall be for terms ending December1471
31, 1989; one of the initial appointments made by the speaker of1472
the house of representatives and the president of the senate shall1473
be for terms ending December 31, 1990; and the initial term of the1474
appointment to the commission whichthat is alternately made by1475
the speaker of the house of representatives and the president of1476
the senate shall be for a term ending December 31, 1989.1477
Thereafter, terms of office shall be for three years, each term1478
ending on the same day of the same month of the year as did the1479
term which it succeeds. Each member shall hold office from the1480
date of appointment until the end of the term for which the member1481
is appointed. Members may be reappointed one time. Vacancies1482
shall be filled in the same manner provided for original1483
appointments. Any member appointed to fill a vacancy occurring1484
prior to the expiration date of the term for which the member's1485
predecessor was appointed shall hold office for the remainder of1486
that term. A member shall continue in office subsequent to the1487
expiration date of the member's term until the member's successor1488
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 members1492
constitute a quorum. Members of the commission shall serve1493
without compensation but shall be reimbursed for their actual and1494
necessary expenses incurred in the performaceperformance of their1495
duties.1496

       (B) The Ohio public works commission shall:1497

       (1) Review and evaluate persons who will be recommended to1498
the governor for appointment to the position of director of the1499
Ohio public works commission, and, when the commission considers1500
it appropriate, recommend the removal of a director;1501

       (2) Provide the governor with a list of names of three1502
persons who are, in the judgment of the commission, qualified to1503
be appointed to the position of director. The commission shall1504
provide the list, which may include the name of the incumbent1505
director to the governor, not later than sixty days prior to the1506
expiration of the term of such incumbent director. A director1507
shall serve a two-year term upon initial appointment, and1508
four-year terms if subsequently reappointed by the governor;1509
however, the governor may remove a director at any time following1510
the commission's recommendation of such action. Upon the1511
expiration of a director's term, or in the case of the1512
resignation, death, or removal of a director, the commission shall1513
provide such list of the names of three persons to the governor1514
within thirty days of such expiration, resignation, death, or1515
removal. Nothing in this section shall prevent the governor, in1516
the governor's discretion, from rejecting all of the nominees of1517
the commission and requiring the commission to select three1518
additional nominees. However, when the governor has requested and1519
received a second list of three additional names, the governor1520
shall make the appointment from one of the names on the first list1521
or the second list. Appointment by the governor is subject to the1522
advice and consent of the senate.1523

       In the case of the resignation, removal, or death of the1524
director during the director's term of office, a successor shall1525
be chosen for the remainder of the term in the same manner as is1526
provided for an original appointment.1527

       (3) Provide oversight to the director and advise in the1528
development of policy guidelines for the implementation of this1529
chapter, and report and make recommendations to the general1530
assembly with respect to such implementation;1531

       (4) Adopt bylaws to govern the conduct of the commission's1532
business;1533

       (5) Appoint the members of the Ohio small government capital1534
improvements commission in accordance with division (C) of this1535
section.1536

       (C)(1) There is hereby created the Ohio small government1537
capital improvements commission. The commission shall consist of1538
ten members, including the director of transportation, the1539
director of environmental protection, and the chairperson of the1540
Ohio water development authority as nonvoting, ex officio members1541
and seven voting members appointed by the Ohio public works1542
commission. Each such appointee shall be a member of a district1543
public works integrating committee who was appointed to the1544
integrating committee pursuant to the majority vote of the chief1545
executive officers of the villages of the appointee's district or1546
by a majority of the boards of township trustees of the1547
appointee's district.1548

       (2) Two of the initial appointments shall be for terms1549
ending two years after March 29, 1988. The remaining initial1550
appointments shall be for terms ending three years after March 29,1551
1988. Thereafter, terms of office shall be for two years, with1552
each term ending on the same date of the same month as did the1553
term that it succeeds. Each member shall hold office from the1554
date of appointment until the end of the term for which the member1555
is appointed. Vacancies shall be filled in the same manner as1556
original appointments. Any member appointed to fill a vacancy1557
occurring prior to the expiration date of the term for which the1558
member's predecessor was appointed shall hold office as a member1559
for the remainder of that term. A member shall continue in office1560
subsequent to the expiration of the member's term until the1561
member's successor takes office or until a period of sixty days1562
has elapsed, whichever occurs first. Members of the commission1563
may be reappointed to serve two additional terms, except that no1564
member appointed to an initial term of three years may be1565
reappointed to more than one additional term. No more than two1566
members of the commission may be members of the same district1567
public works integrating committee.1568

       (3) The Ohio small government capital improvements1569
commission shall elect one of its appointed members as chairperson1570
and another as vice-chairperson. Four voting members of the1571
commission constitute a quorum, and the affirmative vote of four1572
appointed members is required for any action taken by vote of the1573
commission. No vacancy in the membership of the commission shall1574
impair the right of a quorum by an affirmative vote of four1575
appointed members to exercise all rights and perform all duties of1576
the commission. Members of the commission shall serve without1577
compensation, but shall be reimbursed for their actual and1578
necessary expenses incurred in the performance of their duties.1579

       (D) The Ohio small government capital improvements1580
commission shall:1581

       (1) Advise the general assembly on the development of policy1582
guidelines for the implementation of this chapter, especially as1583
it relates to the interests of small governments and the use of1584
the portion of bond proceeds set aside for the exclusive use of1585
townships and villages;1586

       (2) Advise the township and village subcommittees of the1587
various district public works integrating committees concerning1588
the selection of projects for which the use of such proceeds will1589
be authorized;1590

       (3) Affirm or overrule the recommendations of its1591
administrator made in accordance with section 164.051 of the1592
Revised Code concerning requests from townships and villages for1593
financial assistance for capital improvement projects.1594

       (E) Membership on the Ohio public works commission or the1595
Ohio small government capital improvements commission does not1596
constitute the holding of a public office. No appointed member1597
shall be required, by reason of section 101.26 of the Revised1598
Code, to resign from or forfeit membership in the general1599
assembly.1600

       Notwithstanding any provision of law to the contrary, a1601
county, municipal, or township public official may serve as a1602
member of the Ohio public works commission or the Ohio small1603
government capital improvements commission.1604

       Members of the commissions established by this section do not1605
have an unlawful interest in a public contract under section1606
2921.42 of the Revised Code solely by virtue of the receipt of1607
financial assistance under this chapter by the local subdivision1608
of which they are also a public official or appointee.1609

       (F) The director of the Ohio public works commission shall1610
administer the small counties capital improvement program, which1611
is hereby created. The program shall provide financial assistance1612
to county governments of counties that have a population of less1613
than eighty-five thousand according to the most recent decennial1614
census. Under the program, the director shall review and may1615
approve projects submitted by subcommittees of district public1616
works integrating committees under division (E) of section 164.061617
of the Revised Code. In approving projects, the director shall be1618
guided by the provisions of division (B) of that section, while1619
taking into consideration the special capital improvement needs of1620
small counties.1621

       Sec. 164.20. (A) Notwithstanding section 164.01 of the1622
Revised Code, as used in sections 164.20 to 164.28 of the Revised1623
Code, "local political subdivision" means a county, municipal1624
corporation, township, conservancy district, soil and water1625
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 Revised1628
Code, "nonprofit organization" means an organization that has as1629
one of its purposes effectuating the preservation or restoration1630
of natural resources or the preservation, creation, or1631
rehabilitation of parks and recreation areas and that is exempt1632
from federal income taxation pursuant to 26 U.S.C. 501(a) and1633
described in 26 U.S.C. 501(c).1634

       (C) For the purposes of sections 164.20 to 164.28 of the1635
Revised Code, the definition of "project" in section 164.01 of the1636
Revised Code does not apply.1637

       Sec. 164.21.  (A) Each district public works integrating1638
committee or, if applicable, the executive committee of the1639
integrating committee shall appoint a natural resources assistance1640
council consisting of eleven members. Of the eleven members, one1641
shall be a member of the appointing integrating committee and one1642
shall represent a soil and water conservation district that is1643
located within the geographical jurisdiction of the appointing1644
integrating committee. The nine other members of the council1645
shall be appointed from the following categories of organizations,1646
units of government, or agencies and shall include at least one1647
member from each of those categories:1648

        (1) A county, municipal corporation, township, conservancy1649
district, regional or joint district or unit of local government,1650
or regional or joint political subdivision that is located within1651
the geographical jurisdiction of the appointing integrating1652
committee;1653

        (2) A conservation organization, an environmental advocacy1654
organization, an organization with a primary interest in watershed1655
protection and restoration, the department of natural resources,1656
the environmental protection agency, or the United States natural1657
resources conservation service;1658

        (3) A city park system or metropolitan park system or a1659
board of park commissioners from a county that is located within1660
the geographical jurisdiction of the appointing integrating1661
committee, a statewide parks and recreation organization, an1662
organization with a primary interest in the development of1663
recreational trails, or the United States national park service;1664

        (4) A statewide organization representing agriculture, an1665
organization representing forestry interests, the department of1666
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 within1669
the geographical jurisdiction of the appointing integrating1670
committee.1671

        No organization, unit of government, or agency that is1672
listed in divisions (A)(1) to (5) of this section shall be1673
represented by more than one member on the council at any given1674
time. The membership of a natural resources assistance council1675
shall reflect the demographic and economic diversity of the1676
population located within the geographical area represented by the1677
council.1678

        A council shall be appointed by the appropriate integrating1679
committee not later than sixty days after the effective date of1680
this section. Of the initial members appointed to the council,1681
four shall be appointed for one year, four shall be appointed for1682
two years, and three shall be appointed for three years.1683
Thereafter, terms of office for members of the council shall be1684
for three years, with each term ending on the same day of the same1685
month as did the term that it succeeds. Each member shall hold1686
office from the date of appointment until the end of the term for1687
which the member is appointed, except that, with respect to any1688
member who is an elected or appointed official of a township,1689
municipal corporation, or county, the term of office for that1690
person on the council shall not extend beyond the member's term as1691
an elected or appointed official.1692

        Members may be reappointed. Vacancies shall be filled in1693
the same manner provided for original appointments. Any member1694
appointed to fill a vacancy occurring prior to the expiration date1695
of the term for which the member was appointed shall hold office1696
for the remainder of that term. A member shall continue in office1697
subsequent to the expiration date of the member's term until the1698
member's successor takes office or until a period of sixty days1699
has elapsed, whichever occurs first. Members may be removed by the1700
district public works integrating committee for misfeasance,1701
malfeasance, or nonfeasance in office.1702

        (B) A natural resources assistance council shall elect a1703
chairperson, a vice-chairperson, and other officers that the1704
council considers appropriate. A council may adopt bylaws1705
governing its operation, including bylaws that establish the1706
frequency of regular meetings and any necessary procedures. All1707
meetings of a council are subject to section 121.22 of the Revised1708
Code.1709

        (C) Serving as a member of a natural resources assistance1710
council under this section does not constitute holding a public1711
office or position of employment under the laws of this state and1712
does not confer a right to compensation from any agency of this1713
state. A member of a natural resources assistance council does not1714
have an unlawful interest in a public contract under section1715
2921.42 of the Revised Code solely by virtue of the receipt of1716
financial assistance under sections 164.20 to 164.27 of the1717
Revised Code by the local political subdivision of which the1718
member is also a public official or appointee.1719

       (D) Sections 101.82 to 101.87 of the Revised Code do not1720
apply to natural resources assistance councils.1721

       Sec. 164.22. Natural resources assistance councils shall1722
review and approve or disapprove applications in accordance with1723
sections 164.20 to 164.27 of the Revised Code for grants for1724
projects that propose to do any of the following:1725

       (A) Provide for open space acquisition and related1726
development of those open spaces, including the aquisition of1727
easements. Open space acquisition projects include acquisition of1728
land or rights in land for parks, forests, wetlands, natural areas1729
that protect an endangered plant or animal population, other1730
natural areas, and connecting corridors for natural areas. Related1731
development projects include projects for the construction or1732
enhancement of facilities that are necessary to make an open space1733
area accessible and useable by the general public. Projects1734
proposed pursuant to division (A) of this section shall emphasize1735
the following:1736

        (1) The support of comprehensive open space planning,1737
avoidance of the effects of sprawl, and incorporation of1738
aesthetically pleasing and ecologically informed design;1739

        (2) The enhancement of economic development that relies on1740
recreation and ecotourism in areas with relatively high1741
unemployment and lower incomes;1742

        (3) The protection of habitat for rare, threatened, and1743
endangered species or the preservation of high quality, viable1744
habitat for plant and animal species;1745

        (4) The preservation of existing high quality wetlands or1746
other scarce natural resources within the geographical1747
jurisdiction of the council;1748

        (5) The inclusion of public transportation and pedestrian1749
or bicycle linkages to other open space preserves and population1750
centers;1751

        (6) The enhancement of educational opportunities and1752
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 to1756
the quality of life in this state and to the state's natural1757
heritage. Projects shall not include hydromodification projects1758
such as dams, dredging, sedimentation, and bank clearing and shall1759
not accelerate untreated water runoff or encourage invasive1760
nonnative species.1761

        (8) The reduction or elimination of nonnative, invasive1762
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 will1765
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 of1770
vegetation for filtration purposes; the fee simple acquisition of1771
lands for the purpose of providing access to riparian corridors or1772
watersheds or for other purposes necessary for the protection and1773
enhancement of riparian corridors or watersheds; and the1774
acquisition of easements for the purpose of protecting and1775
enhancing riparian corridors or watersheds. Projects proposed1776
pursuant to division (B) of this section shall emphasize the1777
following:1778

        (1) The increase of habitat protection;1779

        (2) Inclusion as part of a stream corridor-wide or1780
watershed-wide plan;1781

        (3) The provision of multiple recreational, economic, and1782
aesthetic preservation benefits;1783

        (4) The preservation or restoration of floodplain and1784
streamside forest functions;1785

        (5) The preservation of headwater streams, especially in1786
communities that are experiencing sprawl;1787

        (6) The restoration and preservation of aquatic biological1788
communities.1789

        Projects shall not initiate or perpetuate hydromodification1790
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 purpose1793
that is beneficial to the community in which a trail is to be1794
constructed or enhanced. Grants may be used for the planning and1795
development of a trail and the acquisition of land for the trail.1796
Projects proposed pursuant to division (C) of this section shall1797
emphasize the following:1798

        (1) Synchronization with the statewide trail plan;1799

        (2) Complete regional systems and links to the statewide1800
trail system;1801

        (3) A combination of funds from various state agencies;1802

        (4) The provision of links in urban areas that support1803
commuter access and show economic impact on local communities;1804

        (5) The linkage of population centers with public outdoor1805
recreation areas and facilities;1806

        (6) The purchase of rail lines that are linked to the1807
statewide trail plan;1808

        (7) The preservation of natural corridors.1809

       Grant moneys may be used for incidental costs related to1810
projects that are eligible for funding under this section,1811
including planning costs, design costs, engineering costs, costs1812
of appraisals, environmental assessments, and archaeological1813
surveys. 1814

       Sec. 164.23. (A) An entity seeking a grant for a project that1815
is eligible for funding under section 164.22 of the Revised Code1816
shall submit an application to the natural resources assistance1817
council with geographic jurisdiction over the proposed project1818
area. Entities that are eligible for funding are limited to local1819
political subdivisions and nonprofit organizations. The director1820
of the Ohio public works commission shall develop the form of the1821
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 or1824
nonprofit organization that is responsible for the execution and1825
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 be1828
protected, restored, preserved, or constructed;1829

        (4) Detailed information concerning the practices and1830
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 be1833
used as matching funds for the project. Matching funds shall1834
constitute not less than twenty-five per cent of the total cost of1835
the project and may consist of contributions of money by any1836
person, any local political subdivision, the state, or the federal1837
government or of contributions in-kind by such parties through the1838
purchase or donation of equipment, land, easements, labor, or1839
materials necessary to complete the project.1840

        (7) An identification of any participation by state1841
agencies that may have expertise regarding the particular project1842
and that may provide assistance with respect to the project;1843

        (8) Information concerning the coordination of the project1844
among local political subdivisions, state agencies, federal1845
agencies, community organizations, and local business groups;1846

        (9) Information about any coordination that the project1847
will have with projects being undertaken under the jurisdiction of1848
other natural resources assistance councils throughout the state1849
under sections 164.20 to 164.27 of the Revised Code or with1850
projects being undertaken under sections 122.65 to 122.658 of the1851
Revised Code;1852

        (10) Information about public participation in the planning1853
and execution of the project;1854

        (11) Information about whether the general public will be1855
given access to the project area upon the completion of the1856
project;1857

       (12) A timetable for completion of the proposed project.1858

        (B) In addition to the application required under division1859
(A) of this section, an applicant for a grant for a project shall1860
include with the application all of the following:1861

       (1) A copy of a resolution supporting the project from the1862
county, municipal corporation, or township in which the proposed1863
project is to be conducted;1864

       (2) Documentation that demonstrates that the applicant has1865
the capacity, financial or otherwise, to complete the project for1866
which the grant is sought and to provide any necessary ongoing1867
maintenance of the project;1868

       (3) Documentation that indicates compliance with division1869
(A) of section 164.26 of the Revised Code related to the long-term1870
ownership or control of the property that is the subject of the1871
grant application.1872

       (C) Upon receipt of an application under division (A) of1873
this section and the information required under division (B) of1874
this section, a council may request additional information1875
concerning the proposed project to which the application and1876
information apply. Upon receiving such a request, the entity1877
proposing the project shall provide the additional information1878
requested.1879

       Sec. 164.24. (A) A natural resources assistance council1880
shall review each application for a grant submitted under section1881
164.23 of the Revised Code. In reviewing an application and for1882
the purpose of determining whether to approve or disapprove the1883
application, a council shall consider all of the following1884
criteria:1885

        (1) Whether the project emphasizes the factors specified in1886
division (A), (B), or (C) of section 164.22 of the Revised Code;1887

       (2) The amount of funding that is necessary for the1888
completion of the project;1889

        (3) The amount and percentage of the matching funds provided1890
under the proposal;1891

        (4) The level of coordination among local political1892
subdivisions, state agencies, federal agencies, community1893
organizations, and local business groups;1894

        (5) The level of coordination with projects being1895
undertaken under the jurisdiction of other natural resources1896
assistance councils throughout the state under sections 164.20 to1897
164.27 of the Revised Code or with projects being undertaken under1898
sections 122.65 to 122.658 of the Revised Code;1899

        (6) The relative economic, social, and environmental1900
benefits that the proposed project will bring to the geographical1901
area represented by the council as compared to other proposed1902
projects;1903

        (7) Whether the project incorporates more than one purpose1904
for which grant moneys may be used as specified in section 164.221905
of the Revised Code;1906

       (8) Whether the general public will be given access to the1907
project area upon the completion of the project;1908

       (9) Whether the project will comply with all of the1909
requirements established in sections 164.20 to 164.27 of the1910
Revised Code;1911

       (10) The readiness of the applicant to proceed with the1912
project;1913

       (11) Any other factors that are relevant to the project.1914

       (B) A natural resources assistance council shall establish a1915
prioritization and selection methodology system for applications1916
submitted under section 164.23 of the Revised Code. The1917
methodology shall be submitted to and approved by the director of1918
the Ohio public works commission.1919

       (C) In accordance with the methodology established and1920
approved under division (B) of this section, a natural resources1921
assistance council shall approve or disapprove an application for1922
a grant submitted to it after consideration of all of the criteria1923
specified in divisions (A)(1) to (11) of this section. If the1924
council approves an application, the council shall submit a copy1925
of the application, along with all accompanying materials, to the1926
Ohio public works commission for final approval or disapproval. 1927

       Sec. 164.25. The director of the Ohio public works commission1928
shall approve applications for grants submitted under sections1929
164.20 to 164.27 of the Revised Code if all of the following1930
apply:1931

       (A) The approval of the application by the applicable1932
natural resources assistance council was reasonably based on the1933
criteria specified in divisions (A)(1) to (11) of section 164.241934
of the Revised Code.1935

       (B) The application for a grant and the proposed project for1936
which the grant is to be used comply with all other requirements1937
of sections 164.20 to 164.27 of the Revised Code.1938

       (C) The amount of the financial assistance, when added to1939
all other financial assistance provided during the calendar year1940
for projects within the district for which a natural resources1941
assistance council was appointed, does not exceed that district's1942
allocation of money from the clean Ohio conservation fund under1943
section 164.27 of the Revised Code.1944

       Sec. 164.26. (A) The director of the Ohio public works1945
commission shall establish policies related to the need for1946
long-term ownership, or long-term control through a lease or the1947
purchase of an easement, of real property that is the subject of1948
an application for a grant under sections 164.20 to 164.27 of the1949
Revised Code and establish requirements for documentation to be1950
submitted by grant applicants that is necessary for the proper1951
administration of this division. The policies shall provide for1952
proper penalties, including grant repayment, for entities that1953
fail to comply with the long-term ownership or control1954
requirements established under this division.1955

       The director also shall adopt policies delineating what1956
constitutes administrative costs for purposes of division (F) of1957
section 164.27 of the Revised Code.1958

       (B) The Ohio public works commission shall administer1959
sections 164.20 to 164.27 of the Revised Code and shall exercise1960
any authority and use any procedures granted or established under1961
sections 164.02 and 164.05 of the Revised Code that are necessary1962
for that purpose.1963

       Sec. 164.27. (A) The clean Ohio conservation fund is hereby1964
created in the state treasury. The net proceeds of obligations1965
issued and sold by the issuing authority pursuant to section1966
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 amounts1969
required to meet estimated federal arbitrage rebate requirements1970
shall be used to pay costs incurred by the Ohio public works1971
commission in administering sections 164.20 to 164.27 of the1972
Revised Code.1973

       (B) Eighty-seven and one-half per cent of the moneys in the1974
clean Ohio conservation fund shall be used to make grants to local1975
political subdivisions and nonprofit organizations for projects1976
that have been approved for grants under sections 164.20 to 164.271977
of the Revised Code. Twelve and one half per cent of the moneys1978
in the clean Ohio conservation fund shall be used by the director1979
of agriculture for the same purposes as moneys deposited in the1980
agricultural easement purchase fund created in section 901.21 of1981
the Revised Code. Moneys from the clean Ohio conservation fund1982
shall be used for those purposes, when needed, upon the request of1983
and as directed by the director of agriculture. The clean Ohio1984
conservation fund shall be administered by the Ohio public works1985
commission.1986

       (C) For the purpose of grants issued under sections 164.201987
to 164.27 of the Revised Code, moneys shall be allocated on an1988
annual basis from the clean Ohio conservation fund to districts1989
represented by natural resources assistance councils as follows:1990

       (1) Each district shall receive an amount that is equal to1991
one-fourth of one per cent of the total annual amount allocated to1992
all districts each year for each county that is represented by the1993
district.1994

       (2) The remaining moneys shall be allocated to each district1995
annually on a per capita basis.1996

       (D) A grant that is awarded under sections 164.20 to 164.271997
of the Revised Code may provide up to seventy-five per cent of the1998
estimated cost of a project. Matching funds from a grant1999
recipient may consist of contributions of money by any person, any2000
local political subdivision, the state, or the federal government2001
or of contributions in-kind by such entities through the purchase2002
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 shall2005
notify the director of budget and management of the amounts2006
allocated pursuant to this section, and that information shall be2007
entered in the state accounting system. The director of budget2008
and management may establish appropriate line items or other2009
mechanisms that are needed to track the allocations.2010

       (F) Grants awarded under sections 164.20 to 164.27 of the2011
Revised Code from the clean Ohio conservation fund shall be used2012
by a local political subdivision or nonprofit organization only to2013
pay the costs related to the purposes for which grants may be2014
issued under section 164.22 of the Revised Code and shall not be2015
used by a local political subdivision or nonprofit organization to2016
pay any administrative costs incurred by the local political2017
subdivision or nonprofit organization.2018

       Sec. 164.28. (A) Decisions of the Ohio public works2019
commission, district public works integrating committees, and2020
natural resources assistance councils concerning applications for2021
grants under sections 164.20 to 164.27 of the Revised Code are2022
effective without a prior hearing under Chapter 119. of the2023
Revised Code and are not appealable under that chapter or under2024
any other provision of the Revised Code.2025

       (B) Nothing in sections 164.20 to 164.27 of the Revised Code2026
shall create or be construed as creating a cause of action against2027
any member, officer, or employee of the Ohio public works2028
commission, district public works integrating committees, or2029
natural resources assistance councils or a substantive legal right2030
in favor of any applicant for a grant under those sections. 2031

       Sec. 317.08.  Except as provided in division (F) of this2032
section, the county recorder shall keep six separate sets of2033
records as follows:2034

       (A) A record of deeds, in which shall be recorded all deeds2035
and other instruments of writing for the absolute and2036
unconditional sale or conveyance of lands, tenements, and2037
hereditaments; all notices as provided for in sections 5301.47 to2038
5301.56 of the Revised Code; all judgments or decrees in actions2039
brought under section 5303.01 of the Revised Code; all2040
declarations and bylaws as provided for in Chapter 5311. of the2041
Revised Code; affidavits as provided for in section 5301.252 of2042
the Revised Code; all certificates as provided for in section2043
5311.17 of the Revised Code; all articles dedicating2044
archaeological preserves accepted by the director of the Ohio2045
historical society under section 149.52 of the Revised Code; all2046
articles dedicating nature preserves accepted by the director of2047
natural resources under section 1517.05 of the Revised Code; all2048
agreements for the registration of lands as archaeological or2049
historic landmarks under section 149.51 or 149.55 of the Revised2050
Code; all conveyances of conservation easements and agricultural2051
easements under section 5301.68 of the Revised Code; all2052
instruments extinguishing agricultural easements under section2053
901.21 or 5301.691 of the Revised Code or pursuant to terms of2054
such an easement granted to a charitable organization under2055
section 5301.68 of the Revised Code; all instruments or orders2056
described in division (B)(1)(c)(ii) of section 5301.56 of the2057
Revised Code; all no further action letters issued under section2058
122.654 or 3746.11 of the Revised Code; all covenants not to sue2059
issued under section 3746.12 of the Revised Code, including all2060
covenants not to sue issued pursuant to section 122.654 of the2061
Revised Code; any restrictions on the use of property contained in2062
a no further action letter issued under section 122.654 of the2063
Revised Code and any restrictions on the use of property2064
identified pursuant to division (C)(3) of section 3746.10 of the2065
Revised Code; all memoranda of trust, as described in division (A)2066
of section 5301.255 of the Revised Code, that describe specific2067
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 of2070
the following:2071

       (1) All mortgages, including amendments, supplements,2072
modifications, and extensions of mortgages, or other instruments2073
of writing by which lands, tenements, or hereditaments are or may2074
be mortgaged or otherwise conditionally sold, conveyed, affected,2075
or encumbered;2076

       (2) All executory installment contracts for the sale of land2077
executed after September 29, 1961, that by their terms are not2078
required to be fully performed by one or more of the parties to2079
them within one year of the date of the contracts;2080

       (3) All options to purchase real estate, including2081
supplements, modifications, and amendments of the options, but no2082
option of that nature shall be recorded if it does not state a2083
specific day and year of expiration of its validity;2084

       (4) Any tax certificate sold under section 5721.33 of the2085
Revised Code, or memorandum thereof, that is presented for filing2086
of record.2087

       (C) A record of powers of attorney, including all memoranda2088
of trust, as described in division (A) of section 5301.255 of the2089
Revised Code, that do not describe specific real property;2090

       (D) A record of plats, in which shall be recorded all plats2091
and maps of town lots, of the subdivision of town lots, and of2092
other divisions or surveys of lands, any center line survey of a2093
highway located within the county, the plat of which shall be2094
furnished by the director of transportation or county engineer,2095
and all drawings as provided for in Chapter 5311. of the Revised2096
Code;2097

       (E) A record of leases, in which shall be recorded all2098
leases, memoranda of leases, and supplements, modifications, and2099
amendments of leases and memoranda of leases;2100

       (F) A record of declarations executed pursuant to section2101
2133.02 of the Revised Code and durable powers of attorney for2102
health care executed pursuant to section 1337.12 of the Revised2103
Code.2104

       All instruments or memoranda of instruments entitled to2105
record shall be recorded in the proper record in the order in2106
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 United2109
States as described in division (A) of section 317.09 of the2110
Revised Code, personal tax liens, mechanic's liens, agricultural2111
product liens, notices of liens, certificates of satisfaction or2112
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, including2117
any supplement, modification, and amendment of the option, under2118
this section shall serve as notice to any purchaser of an interest2119
in the real estate covered by the option only during the period of2120
the validity of the option as stated in the option.2121

       (G) In lieu of keeping the six separate sets of records2122
required in divisions (A) to (F) of this section and the records2123
required in division (H) of this section, a county recorder may2124
record all the instruments required to be recorded by this section2125
in two separate sets of record books. One set shall be called the2126
"official records" and shall contain the instruments listed in2127
divisions (A), (B), (C), (E), (F), and (H) of this section. The2128
second set of records shall contain the instruments listed in2129
division (D) of this section.2130

       (H) Except as provided in division (G) of this section, the2131
county recorder shall keep a separate set of records containing2132
all corrupt activity lien notices filed with the recorder pursuant2133
to section 2923.36 of the Revised Code and a separate set of2134
records containing all medicaid fraud lien notices filed with the2135
recorder pursuant to section 2933.75 of the Revised Code.2136

       Sec. 901.21.  (A) As used in this section and section 901.222137
of the Revised Code:2138

       (1) "Agricultural easement" has the same meaning as in2139
section 5301.67 of the Revised Code.2140

       (2) "Agriculture" means those activities occurring on land2141
devoted exclusively to agricultural use, as defined in section2142
5713.30 of the Revised Code, or on land that constitutes a2143
homestead.2144

       (3) "Homestead" means the portion of a farm on which is2145
located a dwelling house, yard, or outbuildings such as a barn or2146
garage.2147

       (B) The director of agriculture may acquire real property2148
used predominantly in agriculture and agricultural easements by2149
gift, devise, or bequest if, at the time an easement is granted,2150
such easements arean easement is on land that is valued for2151
purposes of real property taxation at its current value for2152
agricultural use under section 5713.31 of the Revised Code when2153
the easement is grantedor that constitutes a homestead. Any2154
terms may be included in an agricultural easement so acquired that2155
are necessary or appropriate to preserve on behalf of the grantor2156
of the easement the favorable tax consequences of the gift,2157
devise, or bequest under the "Internal Revenue Act of 1986," 1002158
Stat. 2085, 26 U.S.C.A. 1, as amended. The director, by any such2159
means or by purchase or lease, may acquire, or acquire the use of,2160
stationary personal property or equipment that is located on land2161
acquired in fee by the director under this section and that is2162
necessary or appropriate for the use of the land predominantly in2163
agriculture.2164

       (C) The director may do all things necessary or appropriate2165
to retain the use of real property acquired in fee under division2166
(B) of this section predominantly in agriculture, including,2167
without limitation, performing any of the activities described in2168
division (A)(1) or (2) of section 5713.30 of the Revised Code or2169
entering into contracts to lease or rent the real property so2170
acquired to persons or governmental entities that will use the2171
land predominantly in agriculture.2172

       (D)(1) When the director considers it to be necessary or2173
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 section2176
on such terms as the director considers to be advantageous to this2177
state.2178

       (2) An agricultural easement acquired under division (B) of2179
this section may be extinguished under the circumstances2180
prescribed, and in accordance with the terms and conditions set2181
forth, in the instrument conveying the agricultural easement.2182

       (E) There is hereby created in the state treasury the2183
agricultural easement purchase fund. The fund shall consist of2184
the proceeds received from the sale of real and personal property2185
under division (D) of this section; moneys received due to the2186
extinguishment of agricultural easements acquired by the director2187
under division (B) of this section or section 5301.691 of the2188
Revised Code; moneys received due to the extinguishment of2189
agricultural easements purchased with the assistance of matching2190
grants made under section 901.22 of the Revised Code; gifts,2191
bequests, devises, and contributions received by the director for2192
the purpose of acquiring agricultural easements; and grants2193
received from public or private sources for the purpose of2194
purchasing agricultural easements. The fund shall be administered2195
by the director, and moneys in the fund shall be used by the2196
director exclusively to purchase agricultural easements under2197
division (A) of section 5301.691 of the Revised Code and provide2198
matching grants under section 901.22 of the Revised Code to2199
municipal corporations, counties, townships, and charitable2200
organizations for the purchase of agricultural easements. Money2201
in the fund shall be used only to purchase agricultural easements2202
on land that is valued for purposes of real property taxation at2203
its current value for agricultural use under section 5713.31 of2204
the Revised Code or that constitutes a homestead when the easement2205
is purchased.2206

       (F) The term of an agricultural easement purchased wholly or2207
in part with money from the clean Ohio conservation fund created2208
in section 164.27 of the Revised Code shall be perpetual and shall2209
run with the land.2210

       Sec. 901.22.  (A) The director of agriculture, in accordance2211
with Chapter 119. of the Revised Code, shall adopt rules that do2212
all of the following:2213

       (1) Establish procedures and eligibility criteria for making2214
matching grants to municipal corporations, counties, townships,2215
and charitable organizations described in division (B) of section2216
5301.69 of the Revised Code for the purchase of agricultural2217
easements;. With respect to agricultural easements that are2218
purchased or proposed to be purchased with such matching grants2219
that consist in whole or in part of moneys from the clean Ohio2220
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 matching2224
grants;2225

        (ii) Participation by local governments and by the public2226
in the process of making matching grants to charitable2227
organizations;2228

        (iii) Notifying local governments, charitable2229
organizations, and organizations that represent the interests of2230
farmers of the ranking system established in rules adopted under2231
division (A)(1)(b) of this section.2232

        (b) A ranking system for applications for the matching2233
grants that is based on the soil type, proximity of the land that2234
is the subject of an application to other agricultural land that2235
is already or is in the process of becoming permanently protected2236
from development, farm stewardship, development pressure, and, if2237
applicable, a local comprehensive land use plan involved with a2238
proposed agricultural easement. The rules shall require that2239
preference be given to proposed agricultural easements that2240
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 close2244
proximity to other agricultural land that is already or is in the2245
process of becoming permanently protected from development, by2246
agricultural easement or otherwise, so that a buffer would exist2247
between the land involving the proposed agricultural easement and2248
areas that have been developed or likely will be developed for2249
purposes other than agriculture;2250

        (iii) The use of best management practices, including2251
federally or state approved conservation plans, and a history of2252
substantial compliance with applicable federal and state laws;2253

        (iv) Development pressure that is imminent, but not a2254
result of current location in the direct path of urban2255
development;2256

        (v) Areas identified for agricultural protection in local2257
comprehensive land use plans.2258

        (c) Any other criteria that the director determines are2259
necessary for selecting applications for matching grants;2260

        (d) Requirements regarding the information that must be2261
included in the annual monitoring report that must be prepared for2262
an agricultural easement under division (D)(2) of section 5301.6912263
of the Revised Code, procedures for submitting a copy of the2264
report to the office of farmland preservation in the department of2265
agriculture, and requirements and procedures governing corrective2266
actions that may be necessary to enforce the terms of the2267
agricultural easement. 2268

       (2) Establish provisions that shall be included in the2269
instrument conveying to a municipal corporation, county, township,2270
or charitable organization any agricultural easement purchased2271
with matching grant funds provided by the director under this2272
section, including, without limitation, all of the following2273
provisions:2274

       (a) A provision stating that an easement so purchased may be2275
extinguished only if an unexpected change in the conditions of or2276
surrounding the land that is subject to the easement makes2277
impossible or impractical the continued use of the land for the2278
purposes described in the easement, or if the requirements of the2279
easement are extinguished by judicial proceedings;2280

       (b) A provision requiring that, upon the sale, exchange, or2281
involuntary conversion of the land subject to the easement, the2282
holder of the easement shall be paid an amount of money that is at2283
least equal to the proportionate value of the easement compared to2284
the total value of the land at the time the easement was acquired;2285

       (c) A provision requiring that, upon receipt of the portion2286
of the proceeds of a sale, exchange, or involuntary conversion2287
described in division (A)(2)(b) of this section, the municipal2288
corporation, county, township, or charitable organization remit to2289
the director an amount of money equal to the percentage of the2290
cost of purchasing the easement it received as a matching grant2291
under this section.2292

       Moneys received by the director pursuant to rules adopted2293
under division (A)(2)(c) of this section shall be credited to the2294
agricultural easement purchase fund created in section 901.21 of2295
the Revised Code.2296

       (3) AnyEstablish a provision that provides a charitable2297
organization described in division (B) of section 5301.69 of the2298
Revised Code, municipal corporation, township, or county with the2299
option of purchasing agricultural easements either in installments2300
or with a lump sum payment. The rules shall include a requirement2301
that a charitable organization, municipal corporation, township,2302
or county negotiate with the seller of the agricultural easement2303
concerning any installment payment terms, including the dates and2304
amounts of payments and the interest rate on the outstanding2305
balance. The rules also shall require the director to approve any2306
method of payment that is undertaken in accordance with the rules2307
adopted under division (A)(3) of this section.2308

        (4) Establish any other requirements that the director2309
considers to be necessary or appropriate to implement or2310
administer a program to make matching grants under this section2311
and monitor those grants.2312

       (B) The director may develop guidelines regarding the2313
acquisition of agricultural easements by the department of2314
agriculture and the provisions of instruments conveying those2315
easements. The director may make the guidelines available to2316
public and private entities authorized to acquire and hold2317
agricultural easements.2318

       (C) The director may provide technical assistance in2319
developing a program for the acquisition and monitoring of2320
agricultural easements to public and private entities authorized2321
to hold agricultural easements. The technical assistance may2322
include, without limitation, reviewing and providing advisory2323
recommendations regarding draft instruments conveying agricultural2324
easements.2325

       (D) The director may make matching grants from the2326
agricultural easementseasement purchase fund created in section2327
901.21 of the Revised Code to municipal corporations, counties,2328
townships, and charitable organizations described in division (B)2329
of section 5301.69 of the Revised Code, to assist those political2330
subdivisions and charitable organizations in purchasing2331
agricultural easements. Application for a matching grant shall be2332
made on forms prescribed and provided by the director. The2333
matching grants shall be made in compliance with the criteria and2334
procedures established in rules adopted under this section.2335
Instruments conveying agricultural easements purchased with2336
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 from2339
the clean Ohio conservation fund created in section 164.27 of the2340
Revised Code may provide up to seventy-five per cent of the value2341
of an agricultural easement as determined by a general real estate2342
appraiser who is certified under Chapter 4763. of the Revised2343
Code. Not less than twenty-five per cent of the value of the2344
agricultural easement shall be provided by the recipient of the2345
matching grant or donated by the person who is transferring the2346
easement to the grant recipient. The amount of such a matching2347
grant used for the purchase of a single agricultural easement2348
shall not exceed one million dollars.2349

       (E)(1) The director shall monitor and evaluate the2350
effectiveness and efficiency of the agricultural easement program2351
as a farmland preservation tool. On or before July 1, 1999, and2352
the first day of July of each year thereafter, the director shall2353
prepare and submit a report to the chairpersons of the standing2354
committees of the senate and the house of representatives that2355
consider legislation regarding agriculture. The report shall2356
consider and address the following criteria to determine the2357
program's effectiveness:2358

       (a) The number of agricultural easements purchased during2359
the preceding year;2360

       (b) The location of those easements;2361

       (c) The number of acres of land preserved for agricultural2362
use;2363

       (d) The amount of money used by a municipal corporation,2364
township, or county from its general fund or special fund to2365
purchase the agricultural easements;2366

       (e) The number of state matching grants given to purchase2367
the agricultural easements;2368

       (f) The amount of state matching grant moneys used to2369
purchase the agricultural easements.2370

       (2) The report also shall consider and include, at a2371
minimum, the following information for each county to determine2372
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 use2376
in the preceding year;2377

       (d) The average cost, per acre, of land preserved for2378
agricultural use in the preceding year.2379

       Sec. 5301.67.  As used in sections 5301.67 to 5301.70 of the2380
Revised Code:2381

       (A) "Conservation easement" means an incorporeal right or2382
interest in land that is held for the public purpose of retaining2383
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 in2386
furtherance of the purpose of retaining those areas in such a2387
condition, or retaining their use predominantly as suitable2388
habitat for fish, plants, or wildlife; that imposes any2389
limitations on the use or development of the areas that are2390
appropriate at the time of creation of the conservation easement2391
to achieve one or more of those purposes; and that includes2392
appropriate provisions for the holder to enter the property2393
subject to the easement at reasonable times to ensure compliance2394
with its provisions.2395

       (B) "Agriculture" means those activities occurring on land2396
devoted exclusively to agricultural use, as defined in section2397
5713.30 of the Revised Code, or on land that constitutes a2398
homestead.2399

       (C) "Agricultural easement" means an incorporeal right or2400
interest in land that is held for the public purpose of retaining2401
the use of land predominantly in agriculture; that imposes any2402
limitations on the use or development of the land that are2403
appropriate at the time of creation of the easement to achieve2404
that purpose; that is in the form of articles of dedication,2405
easement, covenant, restriction, or condition; and that includes2406
appropriate provisions for the holder to enter the property2407
subject to the easement at reasonable times to ensure compliance2408
with its provisions.2409

       (D) "Homestead" means the portion of a farm on which is2410
located a dwelling house, yard, or outbuildings such as a barn or2411
garage.2412

       Sec. 5301.68.  An owner of land may grant a conservation2413
easement to the department of natural resources, a park district2414
created under Chapter 1545. of the Revised Code, a township park2415
district created under section 511.18 of the Revised Code, a2416
conservancy district created under Chapter 6101. of the Revised2417
Code, a soil and water conservation district created under Chapter2418
1515. of the Revised Code, a county, a township, a municipal2419
corporation, or a charitable organization that is authorized to2420
hold conservation easements by division (B) of section 5301.69 of2421
the Revised Code, in the form of articles of dedication, easement,2422
covenant, restriction, or condition. An owner of land also may2423
grant an agricultural easement to the director of agriculture; to2424
a municipal corporation, county, or township; or to a charitable2425
organization described in division (B) of section 5301.69 of the2426
Revised Code. An owner of land may grant an agricultural easement2427
only on land that is valued for purposes of real property taxation2428
at its current value for agricultural use under section 5713.31 of2429
the Revised Code or that constitutes a homestead when the easement2430
is granted.2431

       All conservation easements and agricultural easements shall2432
be executed and recorded in the same manner as other instruments2433
conveying interests in land.2434

       Sec. 5301.69.  (A) The director of natural resources, the2435
board of park commissioners of a park district created under2436
Chapter 1545. of the Revised Code, the board of park commissioners2437
of a township park district created under section 511.18 of the2438
Revised Code, the board of directors of a conservancy district2439
created under Chapter 6101. of the Revised Code, the board of2440
supervisors of a soil and water conservation district created2441
under Chapter 1515. of the Revised Code, the board of county2442
commissioners of a county, the board of township trustees of a2443
township, or the legislative authority of a municipal corporation2444
may acquire conservation easements in the name of the state, the2445
district, or the county, township, or municipal corporation in the2446
same manner as other interests in land may be acquired under2447
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 name2450
an appropriate administrative officer, department, or division to2451
supervise and enforce the easement.2452

       (B) A charitable organization may acquire and hold2453
conservation easements if it is exempt from federal taxation under2454
subsection 501(a) and is described in subsection 501(c) of the2455
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as2456
amended, and organized for any of the following purposes: the2457
preservation of land areas for public outdoor recreation or2458
education, or scenic enjoyment; the preservation of historically2459
important land areas or structures; or the protection of natural2460
environmental systems. Such a charitable organization also may2461
acquire and hold agricultural easements subject to the limitation2462
that it may do so only on land that is valued for purposes of real2463
property taxation at its current value for agricultural use under2464
section 5713.31 of the Revised Code or that constitutes a2465
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 credited2468
to the agricultural easement purchase fund created in section2469
901.21 of the Revised Code, may purchase agricultural easements in2470
the name of the state.2471

       (2) Not less than thirty days prior to the acquisition of an2472
agricultural easement under division (A)(1) of this section or the2473
extinguishment of such an easement purchased under that division,2474
the director shall provide written notice of the intention to do2475
so to the board of county commissioners of the county in which the2476
land that is or is proposed to be subject to the easement or2477
extinguishment is located, and either to the legislative authority2478
of the municipal corporation in which the land is located, if it2479
is located in an incorporated area, or to the board of township2480
trustees of the township in which the land is located, if it is2481
located in an unincorporated area. If, within thirty days after2482
the director provides the notice, the board of county2483
commissioners, legislative authority, or board of township2484
trustees requests an informational meeting with the director2485
regarding the proposed acquisition or extinguishment, the director2486
shall meet with the legislative authority or board to respond to2487
the board's or authority's questions and concerns. If a meeting2488
is timely requested under division (A)(2) of this section, the2489
director shall not undertake the proposed acquisition or2490
extinguishment until after the meeting has been concluded.2491

       The director, upon the director's own initiative and prior to2492
the purchase of an agricultural easement under division (A)(1) of2493
this section or the extinguishment of such an easement, may hold2494
an informational meeting with the board of county commissioners2495
and the legislative authority of the municipal corporation or2496
board of township trustees in which land that would be affected by2497
the proposed acquisition or extinguishment is located, to respond2498
to any questions and concerns of the board or authority regarding2499
the proposed acquisition or extinguishment.2500

       (B)(1) Subject to division (E) of this section, the2501
legislative authority of a municipal corporation, board of county2502
commissioners of a county, or board of trustees of a township,2503
with moneys in the political subdivision's general fund not2504
required by law or charter to be used for other specified purposes2505
or with moneys in a special fund of the political subdivision to2506
be used for the purchase of agricultural easements, may purchase2507
agricultural easements in the name of the municipal corporation,2508
county, or township.2509

       (2) Subject to division (E) of this section, the legislative2510
authority of a municipal corporation, board of county2511
commissioners of a county, or board of township trustees of a2512
township may acquire agricultural easements by gift, devise, or2513
bequest. Any terms may be included in an agricultural easement so2514
acquired that are necessary or appropriate to preserve on behalf2515
of the grantor of the easement the favorable tax consequences of2516
the gift, devise, or bequest under the "Internal Revenue Act of2517
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.2518

       (C)(1) The term of an agricultural easement purchased wholly2519
or in part with money from the agricultural easement purchase fund2520
shall be perpetual and shall run with the land.2521

       (2) The term of an agricultural easement purchased by such a2522
legislative authority or board without the use of any money from2523
the agricultural easement purchase fund may be perpetual or for a2524
specified period. The agricultural easement shall run with the2525
land. The instrument conveying an agricultural easement for a2526
specified period shall include provisions specifying, at a2527
minimum, all of the following:2528

       (a) The consideration to be paid for the easement and manner2529
of payment;2530

       (b) Whether the easement is renewable and, if so, procedures2531
for its renewal;2532

       (c) The circumstances under which the easement may be2533
extinguished;2534

       (d) The method for determining the amount of money, if any,2535
due the holder of the easement upon extinguishment and for payment2536
of that amount to the holder.2537

       (D)(1) The director and each legislative authority of a2538
municipal corporation, board of county commissioners, or board of2539
township trustees, upon acquiring an agricultural easement by2540
purchase, gift, devise, or bequest under this section or section2541
901.21 of the Revised Code, shall name an appropriate2542
administrative officer, department, or division to supervise and2543
enforce the easement. A legislative authority or board may enter2544
into a contract with the board of park commissioners of a park2545
district established under Chapter 1545. of the Revised Code, the2546
board of park commissioners of a township park district2547
established under section 511.18 of the Revised Code, or the board2548
of supervisors of a soil and water conservation district2549
established under Chapter 1515. of the Revised Code having2550
territorial jurisdiction within the municipal corporation, county,2551
or township, or with a charitable organization described in2552
division (B) of section 5301.69 of the Revised Code, to supervise2553
on behalf of the legislative authority or board an agricultural2554
easement so acquired. The contract may be entered into on such2555
terms as are agreeable to the parties and shall specify or2556
prescribe a method for determining the amounts of any payments to2557
be made by the legislative authority or board of county2558
commissioners or township trustees for the performance of the2559
contract.2560

       (2) With respect to an agricultural easement purchased with2561
a matching grant that is made under division (D) of section 901.222562
of the Revised Code and that consists in whole or in part of2563
moneys from the clean Ohio conservation fund created in section2564
164.27 of the Revised Code, the recipient of the matching grant2565
shall make an annual monitoring visit to the land that is the2566
subject of the easement. The purpose of the visit is to ensure2567
that no development that is prohibited by the terms of the2568
easement has occurred or is occurring. In accordance with rules2569
adopted under division (A)(1)(d) of section 901.22 of the Revised2570
Code, the grant recipient shall prepare a written annual2571
monitoring report and submit it to the office of farmland2572
preservation in the department of agriculture. If necessary to2573
enforce the terms of the easement, the grant recipient shall take2574
corrective action in accordance with those rules.2575

       (E) The director; a municipal corporation, county, or2576
township; or a charitable organization described in division (B)2577
of section 5301.69 of the Revised Code, may acquire agricultural2578
easements by purchase, gift, devise, or bequest only on land that2579
is valued for purposes of real property taxation at its current2580
value for agricultural use under section 5713.31 of the Revised2581
Code or that constitutes a homestead when the easement is granted.2582

       (F) An agricultural easement acquired by the director under2583
division (A) of this section may be extinguished if an unexpected2584
change in the conditions of or surrounding the land that is2585
subject to the easement makes impossible or impractical the2586
continued use of the land for the purposes described in the2587
agricultural easement, or if the requirements of the easement are2588
extinguished by judicial proceedings. Upon the sale, exchange, or2589
involuntary conversion of the land subject to the easement, the2590
director shall be paid an amount of money that is at least equal2591
to the proportionate value of the easement compared to the total2592
value of the land at the time the easement was acquired. Moneys2593
so received shall be credited to the agricultural easement2594
purchase fund created in section 901.21 of the Revised Code.2595

       An agricultural easement acquired by a municipal corporation,2596
county, or township under division (B) of this section may be2597
extinguished under the circumstances prescribed, and in accordance2598
with the terms and conditions set forth, in the instrument2599
conveying the agricultural easement. An agricultural easement2600
acquired by a charitable organization described in division (B) of2601
section 5301.69 of the Revised Code may be extinguished under the2602
circumstances prescribed, and in accordance with the terms and2603
conditions set forth, in the instrument conveying the agricultural2604
easement.2605

       Any instrument extinguishing an agricultural easement shall2606
be executed and recorded in the same manner as other instruments2607
conveying or terminating interests in real property.2608

       (G) Promptly after the recording and indexing of an2609
instrument conveying an agricultural easement to any person or to2610
a municipal corporation, county, or township or of an instrument2611
extinguishing an agricultural easement held by any person or such2612
a political subdivision, the county recorder shall mail, by2613
regular mail, a photocopy of the instrument to the office of2614
farmland preservation in the department of agriculture. The2615
photocopy shall be accompanied by an invoice for the applicable2616
fee established in section 317.32 of the Revised Code. Promptly2617
after receiving the photocopy and invoice, the office of farmland2618
preservation shall remit the fee to the county recorder.2619

       (H) The director, the legislative authority of a municipal2620
corporation, a board of county commissioners, or a board of2621
township trustees may receive and expend grants from any public or2622
private source for the purpose of purchasing agricultural2623
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 of2626
the Revised Code are hereby repealed.2627