SENATOR Carnes

To amend sections 126.11, 151.01, 164.02, 317.08,

1

901.21, 901.22, 3746.13, 5301.67, 5301.68,

2

5301.69, and 5301.691 and to enact sections 122.65,

3

122.651, 122.652, 122.653, 122.654, 122.655,

4

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

5

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

6

and 3745.40 of the Revised Code and to amend

7

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

8

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

9

Assembly to provide for the implementation of

10

programs to finance brownfields revitalization

11

projects, natural resource projects, and farmland

12

preservation projects through the issuance of

13

obligations of the state, and to make an

14

appropriation.

15

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(L) "Loan" includes credit enhancement.

97

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

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

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

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

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

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

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

126

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

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

130

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No applicant shall fail to comply with this division.

455

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

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

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

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

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

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

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

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

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

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

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

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

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

528

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The department of development shall administer the clean Ohio	685
revitalization fund in accordance with this section, policies and	686
requirements established under section 122.657 of the Revised	687
Code, and the terms of agreements entered into by the council	688
under section 122.653 of the Revised Code.	689

(B) Grants awarded and loans made under section 122.653 of	690
the Revised Code shall provide not more than seventy-five per cent	691
of the estimated total cost of a project. A grant or loan to any	692
one project shall not exceed three million dollars. An applicant	693
shall provide at least twenty-five per cent of the estimated total	694
cost of a project. The applicant's share may consist of one or a	695
combination of any of the following:	696

(1) Payment of the cost of acquiring the property for the	697
purposes of sections 122.65 to 122.658 of the Revised Code;	698

(2) Payment of the reasonable cost of an assessment at the	699
property;	700

(3) The reasonable value, as determined by the council, of	701
labor and materials that will be contributed by the applicant in	702
performing the cleanup or remediation;	703

(4) Moneys received by the applicant in any form for use in	704
performing the cleanup or remediation;	705

(5) Loans secured by the applicant for the purpose of the	706
cleanup or remediation of the brownfield.	707

Costs that were incurred more than two years prior to the	708
submission of an application to the clean Ohio council for the	709
acquisition of property, assessments, and labor and materials	710
shall not be used as part of the applicant's matching share. In	711
addition, state money shall not be used as part of the applicant's	712
matching share, except that grants awarded by the governor's	713
office of Appalachian Ohio created under section 107.21 of the	714
Revised Code may be used as a matching share.	715

(C) The department of development shall not make any payment	716
to an applicant from the clean Ohio revitalization fund to pay	717
costs of the applicant that were not included in an application	718
for a grant or loan under section 122.653 of the Revised Code or	719
that exceed the amount of the estimated total cost of the project	720
included in the application. If, upon completion of a project,	721
the costs of the project are less than the amounts included in the	722
application, the amounts included in the application less the	723
amounts of the actual costs of the project shall be credited to	724
the clean Ohio revitalization fund. However, the amounts credited	725
shall be equivalent in percentage to the percentage of the costs	726
of the project that were to be funded by the grant or loan from	727
the fund.	728

(D) Grants awarded or loans made under section 122.653 of	729
the Revised Code from the clean Ohio revitalization fund shall be	730
used by an applicant only to pay the costs of the actual cleanup	731
or remediation of a brownfield and shall not be used by an	732
applicant to pay any administrative costs incurred by the	733
applicant. Costs related to the use of a certified professional	734
for purposes of section 122.654 of the Revised Code are not	735
administrative costs and may be paid with moneys from grants	736
awarded or loans made under section 122.653 of the Revised Code.	737

(E) The portion of net proceeds of obligations devoted	738
under division (A) of this section for the purposes of section	739
122.656 of the Revised Code shall be used to make grants for	740
assessments, cleanup or remediation of brownfields, and public	741
health projects that have been approved by the director of	742
development under that section. The department of development	743
shall administer section 122.656 of the Revised Code in accordance	744
with this section, policies and requirements established under	745
section 122.657 of the Revised Code, and the terms of agreements	746
entered into by the director under section 122.656 of the Revised	747
Code. The director shall not grant more than twenty-five million	748
dollars for public health projects under section 122.656 of the	749
Revised Code.	750

(F) Grants awarded under section 122.656 of the Revised Code	751
shall be used by an applicant only to pay the costs of actually	752
conducting an assessment, a cleanup or remediation of a	753
brownfield, or a public health project and shall not be used by an	754
applicant to pay any administrative costs incurred by the	755
applicant. Costs related to the use of a certified professional	756
for purposes of section 122.654 of the Revised Code are not	757
administrative costs and may be paid with moneys from grants	758
awarded under section 122.656 of the Revised Code.	759

Sec. 122.659. (A) Nothing in sections 122.65 to 122.658 of	760
the Revised Code, nor any agreement entered into under those	761
sections, shall be construed to amend, modify, repeal, or	762
otherwise alter any other provision of the Revised Code relating	763
to administrative, civil, or criminal penalties, or enforcement	764
actions and remedies available to the environmental protection	765
agency, or in any way amend, modify, repeal, or alter the	766
authority of that agency to bring administrative, civil, or	767
criminal actions under any provision of the Revised Code.	768

(B) Nothing in sections 122.65 to 122.658 of the Revised Code	769
shall affect the ability or authority of any person that is	770
undertaking or has undertaken investigation or remediation	771
activities at a brownfield under those sections to seek cost	772
recovery or contribution from or any relief available against any	773
person who may have liability with respect to the brownfield.	774

(C)(1) An applicant who has entered into an agreement under	775
section 122.653 or 122.656 of the Revised Code is not liable in a	776
civil action under the Revised Code or the common law of the state	777
for the costs of an assessment or cleanup or remediation of	778
hazardous substances or petroleum that is present at or on the	779
property at the time at which the agreement was entered into, and	780
is not subject to the issuance of an order by the director of	781
environmental protection under Chapter 3714., 3734., 3750., 3751.,	782
3752., 6109., or 6111. of the Revised Code regarding an assessment	783
or cleanup or remediation of hazardous substances or petroleum	784
that is present at or on the property at the time at which the	785
agreement was entered into, when all of the following conditions	786
apply:	787

(a) No action or omission of the applicant caused,	788
contributed to, or exacerbated a release or threatened release of	789
hazardous substances or petroleum at or on the property.	790

(b) The applicant conducts or causes to be conducted all	791
assessments and cleanup or remediation at or on the property in	792
compliance with the agreement and in accordance with all	793
applicable laws.	794

(c) The applicant conducts or causes to be conducted	795
activities occurring at the property, which are not related to	796
assessments or cleanup or remediation at or on the property, in	797
compliance with any applicable requirements established under	798
Chapters 3714., 3734., 3737., 3750., 3751., 3752., 3767., 6109.,	799
and 6111. of the Revised Code and rules adopted under those	800
chapters.	801

(2) Division (C) of this section does not create, and shall	802
not be construed as creating, a new cause of action against or	803
substantive legal right for the applicant.	804

(3) Division (C) of this section does not affect, and shall	805
not be construed as affecting, any immunities from civil liability	806
or defenses established by another section of the Revised Code or	807
available at common law to which an applicant may be entitled.	808

(4) Nothing in division (C) of this section shall be	809
construed as affecting any obligations to comply with any	810
environmental laws established in the Revised Code or the common	811
law of the state with respect to any release of hazardous	812
substances or petroleum after the issuance of a covenant not to	813
sue under Chapter 3746. of the Revised Code or a determination	814
made under division (G) of section 122.654 of the Revised Code.	815

Sec. 122.99. Whoever knowingly violates division (A)(2) of	816
section 122.652 or division (A)(2) of section 122.656 of the	817
Revised Code is guilty of a felony and shall be fined not less	818
than ten thousand dollars or more than twenty-five thousand	819
dollars, or imprisoned not less than two years or more than four	820
years, or both.	821

Sec. 126.11.  (A)(1) The director of budget and management	822
shall, upon consultation with the treasurer of state, coordinate	823
and approve the scheduling of initial sales of publicly offered	824
securities of the state and of publicly offered fractionalized	825
interests in or securitized issues of public obligations of the	826
state. The director shall from time to time develop and	827
distribute to state issuers an approved sale schedule for each of	828
the obligations covered by division (A) or (B) of this section.	829
Division (A) of this section applies only to those obligations on	830
which the state or a state agency is the direct obligor or obligor	831
on any backup security or related credit enhancement facility or	832
source of money subject to state appropriations that is intended	833
for payment of those obligations.	834

(2) The issuers of obligations pursuant to section 151.03,	835
151.04, 151.05, or 151.07, or 151.09 or Chapter 152. of the	836
Revised Code shall submit to the director:	837

(a) For review and approval: the projected sale date,	838
amount, and type of obligations proposed to be sold; their	839
purpose, security, and source of payment; and the proposed	840
structure and maturity schedule;	841

(b) For review and comment: the authorizing order or	842
resolution; preliminary and final offering documents; method of	843
sale; preliminary and final pricing information; and any written	844
reports or recommendations of financial advisors or consultants	845
relating to those obligations;	846

(c) Promptly after each sale of those obligations: final	847
terms, including sale price, maturity schedule and yields, and	848
sources and uses; names of the original purchasers or	849
underwriters; a copy of the final offering document and of the	850
transcript of proceedings; and any other pertinent information	851
requested by the director.	852

(3) The issuer of obligations pursuant to section 151.06 or,	853
151.08, or 151.40 or Chapter 154. of the Revised Code shall	854
submit to the director:	855

(a) For review and mutual agreement: the projected sale	856
date, amount, and type of obligations proposed to be sold; their	857
purpose, security, and source of payment; and the proposed	858
structure and maturity schedule;	859

(b) For review and comment: the authorizing order or	860
resolution; preliminary and final offering documents; method of	861
sale; preliminary and final pricing information; and any written	862
reports or recommendations of financial advisors or consultants	863
relating to those obligations;	864

(c) Promptly after each sale of those obligations: final	865
terms, including sale price, maturity schedule and yields, and	866
sources and uses; names of the original purchasers or	867
underwriters; a copy of the final offering document and of the	868
transcript of proceedings; and any other pertinent information	869
requested by the director.	870

(4) The issuers of obligations pursuant to Chapter 166.,	871
4981., 5540., or 6121., or section 5531.10, of the Revised Code	872
shall submit to the director:	873

(a) For review and comment: the projected sale date, amount,	874
and type of obligations proposed to be sold; the purpose,	875
security, and source of payment; and preliminary and final	876
offering documents;	877

(b) Promptly after each sale of those obligations: final	878
terms, including a maturity schedule; names of the original	879
purchasers or underwriters; a copy of the complete continuing	880
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	881
rule as from time to time in effect; and any other pertinent	882
information requested by the director.	883

(5) Not later than thirty days after the end of a fiscal	884
year, each issuer of obligations subject to divisions (A) and (B)	885
of this section shall submit to the director and to the treasurer	886
of state a sale plan for the then current fiscal year for each	887
type of obligation, projecting the amount and term of each	888
issuance, the method of sale, and the month of sale.	889

(B) Issuers of obligations pursuant to section 3318.085 or	890
Chapter 175., 3366., 3706., 3737., 5537., 6121., or 6123. of	891
the Revised Code shall submit to the director copies of the	892
preliminary and final offering documents upon their availability	893
if not previously submitted pursuant to division (A) of this	894
section.	895

(C) Not later than the first day of January of each year,	896
every state agency obligated to make payments on outstanding	897
public obligations with respect to which fractionalized interests	898
have been publicly issued, such as certificates of participation,	899
shall submit a report to the director of the amounts payable from	900
state appropriations under those public obligations during the	901
then current and next two fiscal years, identifying the	902
appropriation or intended appropriation from which payment is	903
expected to be made.	904

(D)(1) Information relating generally to the historic,	905
current, or future demographics or economy or financial condition	906
or funds or general operations of the state, and descriptions of	907
any state contractual obligations relating to public obligations,	908
to be contained in any offering document, continuing disclosure	909
document, or written presentation prepared, approved, or provided,	910
or committed to be provided, by an issuer in connection with the	911
original issuance and sale of, or rating, remarketing, or credit	912
enhancement facilities relating to, public obligations referred to	913
in division (A) of this section shall be approved as to format and	914
accuracy by the director before being presented, published, or	915
disseminated in preliminary, draft, or final form, or publicly	916
filed in paper, electronic, or other format.	917

(2) Except for information described in division (D)(1) of	918
this section that is to be contained in an offering document,	919
continuing disclosure document, or written presentation, division	920
(D)(1) of this section does not inhibit direct communication	921
between an issuer and a rating agency, remarketing agent, or	922
credit enhancement provider concerning an issuance of public	923
obligations referred to in division (A) of this section or matters	924
associated with that issuance.	925

(3) The materials approved and provided pursuant to division	926
(D) of this section are the information relating to the particular	927
subjects provided by the state or state agencies that are required	928
or contemplated by any applicable state or federal securities laws	929
and any commitments by the state or state agencies made under	930
those laws. Reliance for the purpose should not be placed on any	931
other information publicly provided, in any format including	932
electronic, by any state agency for other purposes, including	933
general information provided to the public or to portions of the	934
public. A statement to that effect shall be included in those	935
materials so approved or provided.	936

(E) Issuers of obligations referred to in division (A) of	937
this section may take steps, by formal agreement, covenants in the	938
proceedings, or otherwise, as may be necessary or appropriate to	939
comply or permit compliance with applicable lawful disclosure	940
requirements relating to those obligations, and may, subject to	941
division (D) of this section, provide, make available, or file	942
copies of any required disclosure materials as necessary or	943
appropriate. Any such formal agreement or covenant relating to	944
subjects referred to in division (D) of this section, and any	945
description of that agreement or covenant to be contained in any	946
offering document, shall be approved by the director before being	947
entered into or published or publicly disseminated in preliminary,	948
draft, or final form or publicly filed in paper, electronic, or	949
other format. The director shall be responsible for making all	950
filings in compliance with those requirements relating to direct	951
obligations of the state, including fractionalized interests in	952
those obligations.	953

(F) No state agency or official shall, without the approval	954
of the director of budget and management, do either of the	955
following:	956

(1) Enter into or commit to enter into a public obligation	957
under which fractionalized interests in the payments are to be	958
publicly offered, which payments are anticipated to be made from	959
money from any source appropriated or to be appropriated by the	960
general assembly or in which the provision stated in section 9.94	961
of the Revised Code is not included;	962

(2) Except as otherwise expressly authorized for the purpose	963
by law, agree or commit to provide, from money from any source to	964
be appropriated in the future by the general assembly, financial	965
assistance to or participation in the costs of capital facilities,	966
or the payment of debt charges, directly or by way of a credit	967
enhancement facility, a reserve, rental payments, or otherwise, on	968
obligations issued to pay costs of capital facilities.	969

(G) As used in this section, "credit enhancement	970
facilities," "debt charges," "fractionalized interests in public	971
obligations," "obligor," "public issuer," and "securities" have	972
the same meanings as in section 133.01 of the Revised Code;	973
"public obligation" has the same meaning as in division (GG)(2) of	974
section 133.01 of the Revised Code; "obligations" means securities	975
or public obligations or fractionalized interests in them;	976
"issuers" means issuers of securities or state obligors on public	977
obligations; "offering document" means an official statement,	978
offering circular, private placement memorandum, or prospectus, or	979
similar document; and "director" means the director of budget and	980
management or the employee of the office of budget and management	981
designated by the director for the purpose.	982

Sec. 151.01.  (A) As used in sections 151.01 to 151.08	983
151.09 and 151.40 of the Revised Code and in the applicable bond	984
proceedings unless otherwise provided:	985

(1) "Bond proceedings" means the resolutions, orders,	986
agreements, and credit enhancement facilities, and amendments and	987
supplements to them, or any one or more or combination of them,	988
authorizing, awarding, or providing for the terms and conditions	989
applicable to or providing for the security or liquidity of, the	990
particular obligations, and the provisions contained in those	991
obligations.	992

(2) "Bond service fund" means the respective bond service	993
fund created by section 151.03, 151.04, 151.05, 151.06, 151.07, or	994
151.08, 151.09, or 151.40 of the Revised Code, and any accounts in	995
that fund, including all moneys and investments, and earnings from	996
investments, credited and to be credited to that fund and accounts	997
as and to the extent provided in the applicable bond proceedings.	998

(3) "Capital facilities" means capital facilities or projects	999
as referred to in section 151.03, 151.04, 151.05, 151.06, 151.07,	1000
or 151.08, 151.09, or 151.40 of the Revised Code.	1001

(4) "Costs of capital facilities" means the costs of	1002
acquiring, constructing, reconstructing, rehabilitating,	1003
remodeling, renovating, enlarging, improving, equipping, or	1004
furnishing capital facilities, and of the financing of those	1005
costs. "Costs of capital facilities" includes, without limitation,	1006
and in addition to costs referred to in section 151.03, 151.04,	1007
151.05, 151.06, 151.07, or 151.08, 151.09, or 151.40 of the	1008
Revised Code, the cost of clearance and preparation of the site	1009
and of any land to be used in connection with capital facilities,	1010
the cost of any indemnity and surety bonds and premiums on	1011
insurance, all related direct administrative expenses and	1012
allocable portions of direct costs of the issuing authority, costs	1013
of engineering and architectural services, designs, plans,	1014
specifications, surveys, and estimates of cost, financing costs,	1015
interest on obligations from their date to the time when interest	1016
is to be paid from sources other than proceeds of obligations,	1017
amounts necessary to establish any reserves as required by the	1018
bond proceedings, the reimbursement of all moneys advanced or	1019
applied by or borrowed from any person or governmental agency or	1020
entity for the payment of any item of costs of capital facilities,	1021
and all other expenses necessary or incident to planning or	1022
determining feasibility or practicability with respect to capital	1023
facilities, and such other expenses as may be necessary or	1024
incident to the acquisition, construction, reconstruction,	1025
rehabilitation, remodeling, renovation, enlargement, improvement,	1026
equipment, and furnishing of capital facilities, the financing of	1027
those costs, and the placing of the capital facilities in use and	1028
operation, including any one, part of, or combination of those	1029
classes of costs and expenses.	1030

(5) "Credit enhancement facilities," "financing costs," and	1031
"interest" or "interest equivalent" have the same meanings as in	1032
section 133.01 of the Revised Code.	1033

(6) "Debt service" means principal, including any mandatory	1034
sinking fund or redemption requirements for retirement of	1035
obligations, interest and other accreted amounts, interest	1036
equivalent, and any redemption premium, payable on obligations.	1037
If not prohibited by the applicable bond proceedings, debt service	1038
includes costs relating to credit enhancement facilities that are	1039
related to and represent, or are intended to provide a source of	1040
payment of or limitation on, other debt service.	1041

(7) "Issuing authority" means the Ohio public facilities	1042
commission created in section 151.02 of the Revised Code for	1043
obligations issued under section 151.03, 151.04, 151.05, or	1044
151.07, or 151.09 of the Revised Code, or the treasurer of state,	1045
or the officer who by law performs the functions of that office,	1046
for obligations issued under section 151.06 or, 151.08, or 151.40	1047
of the Revised Code.	1048

(8) "Net proceeds" means amounts received from the sale of	1049
obligations, excluding amounts used to refund or retire	1050
outstanding obligations, amounts required to be deposited into	1051
special funds pursuant to the applicable bond proceedings, and	1052
amounts to be used to pay financing costs.	1053

(9) "Obligations" means bonds, notes, or other evidences of	1054
obligation of the state, including any appertaining interest	1055
coupons, issued pursuant to sections 151.01 to 151.08151.09 or	1056
151.40 of the Revised Code.	1057

(10) "Principal amount" means the aggregate of the amount as	1058
stated or provided for in the applicable bond proceedings as the	1059
amount on which interest or interest equivalent on particular	1060
obligations is initially calculated. Principal amount does not	1061
include any premium paid to the state by the initial purchaser of	1062
the obligations. "Principal amount" of a capital appreciation	1063
bond, as defined in division (C) of section 3334.01 of the Revised	1064
Code, means its face amount, and "principal amount" of a zero	1065
coupon bond, as defined in division (J) of section 3334.01 of the	1066
Revised Code, means the discounted offering price at which the	1067
bond is initially sold to the public, disregarding any purchase	1068
price discount to the original purchaser, if provided for pursuant	1069
to the bond proceedings.	1070

(11) "Special funds" or "funds," unless the context indicates	1071
otherwise, means the bond service fund, and any other funds,	1072
including any reserve funds, created under the bond proceedings	1073
and stated to be special funds in those proceedings, including	1074
moneys and investments, and earnings from investments, credited	1075
and to be credited to the particular fund. Special funds do not	1076
include the school building program assistance fund created by	1077
section 3318.25 of the Revised Code, the higher education	1078
improvement fund created by division (F) of section 154.21 of the	1079
Revised Code, the highway capital improvement bond fund created by	1080
section 5528.53 of the Revised Code, the state parks and natural	1081
resources fund created by section 1557.02 of the Revised Code, the	1082
coal research and development fund created by section 1555.15 of	1083
the Revised Code, the clean Ohio conservation fund created by	1084
section 164.27 of the Revised Code, the clean Ohio revitalization	1085
fund created by section 122.658 of the Revised Code, or other	1086
funds created by the bond proceedings that are not stated by those	1087
proceedings to be special funds.	1088

(B) Subject to sectionSection 2l, 2m, 2n, 2o, or 15, and	1089
Section 17, of Article VIII, Ohio Constitution, the state, by the	1090
issuing authority, is authorized to issue and sell, as provided in	1091
sections 151.03 to 151.08151.09 or 151.40 of the Revised Code,	1092
and in respective aggregate principal amounts as from time to time	1093
provided or authorized by the general assembly, general	1094
obligations of this state for the purpose of paying costs of	1095
capital facilities or projects identified by or pursuant to	1096
general assembly action.	1097

(C) Each issue of obligations shall be authorized by	1098
resolution or order of the issuing authority. The bond	1099
proceedings shall provide for or authorize the manner for	1100
determining the principal amount or maximum principal amount of	1101
obligations of an issue, the principal maturity or maturities, the	1102
interest rate or rates, the date of and the dates of payment of	1103
interest on the obligations, their denominations, and the place or	1104
places of payment of debt service which may be within or outside	1105
the state. Unless otherwise provided by law, the latest principal	1106
maturity may not be later than the earlier of the thirty-first day	1107
of December of the twenty-fifth calendar year after the year of	1108
issuance of the particular obligations or of the twenty-fifth	1109
calendar year after the year in which the original obligation to	1110
pay was issued or entered into. Sections 9.96, 9.98, 9.981,	1111
9.982, and 9.983 of the Revised Code apply to obligations. The	1112
purpose of the obligations may be stated in the bond proceedings	1113
in general terms, such as, as applicable, "financing or assisting	1114
in the financing of projects as provided in Section 2l of Article	1115
VIII, Ohio Constitution," "financing or assisting in the financing	1116
of highway capital improvement projects as provided in Section 2m	1117
of Article VIII, Ohio Constitution," "paying costs of capital	1118
facilities for a system of common schools throughout the state as	1119
authorized by Section 2n of Article VIII, Ohio Constitution,"	1120
"paying costs of capital facilities for state-supported and	1121
state-assisted institutions of higher education as authorized by	1122
Section 2n of Article VIII, Ohio Constitution," "paying costs of	1123
coal research and development as authorized by Section 15 of	1124
Article VIII, Ohio Constitution," or "financing or assisting in	1125
the financing of local subdivision capital improvement projects as	1126
authorized by Section 2m of Article VIII, Ohio Constitution.,"	1127
"paying costs of conservation projects as authorized by Section 2o	1128
of Article VIII, Ohio Constitution," or "paying costs of	1129
revitalization projects as authorized by Section 2o of Article	1130
VIII, Ohio Constitution."	1131

(D) The issuing authority may appoint or provide for the	1132
appointment of paying agents, bond registrars, securities	1133
depositories, clearing corporations, and transfer agents, and may	1134
without need for any other approval retain or contract for the	1135
services of underwriters, investment bankers, financial advisers,	1136
accounting experts, marketing, remarketing, indexing, and	1137
administrative agents, other consultants, and independent	1138
contractors, including printing services, as are necessary in the	1139
judgment of the issuing authority to carry out itsthe issuing	1140
authority's functions under Chapter 151. of the Revised Codethis	1141
chapter. When the issuing authority is the Ohio public facilities	1142
commission, the issuing authority also may without need for any	1143
other approval retain or contract for the services of attorneys	1144
and other professionals for that purpose. Financing costs are	1145
payable, as may be provided in the bond proceedings, from the	1146
proceeds of the obligations, from special funds, or from other	1147
moneys available for the purpose.	1148

(E) The bond proceedings may contain additional provisions	1149
customary or appropriate to the financing or to the obligations or	1150
to particular obligations including, but not limited to,	1151
provisions for:	1152

(1) The redemption of obligations prior to maturity at the	1153
option of the state or of the holder or upon the occurrence of	1154
certain conditions, and at particular price or prices and under	1155
particular terms and conditions;	1156

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

1157

(3) The establishment, deposit, investment, and application	1158
of special funds, and the safeguarding of moneys on hand or on	1159
deposit, in lieu of the applicability of provisions of Chapter	1160
131. or 135. of the Revised Code, but subject to any special	1161
provisions of sections 151.01 to 151.08151.09 or 151.40 of the	1162
Revised Code with respect to the application of particular funds	1163
or moneys. Any financial institution that acts as a depository of	1164
any moneys in special funds or other funds under the bond	1165
proceedings may furnish indemnifying bonds or pledge securities as	1166
required by the issuing authority.	1167

(4) Any or every provision of the bond proceedings being	1168
binding upon the issuing authority and upon such governmental	1169
agency or entity, officer, board, commission, authority, agency,	1170
department, institution, district, or other person or body as may	1171
from time to time be authorized to take actions as may be	1172
necessary to perform all or any part of the duty required by the	1173
provision;	1174

(5) The maintenance of each pledge or instrument comprising	1175
part of the bond proceedings until the state has fully paid or	1176
provided for the payment of the debt service on the obligations or	1177
met other stated conditions;	1178

(6) In the event of default in any payments required to be	1179
made by the bond proceedings, or by any other agreement of the	1180
issuing authority made as part of a contract under which the	1181
obligations were issued or secured, including a credit enhancement	1182
facility, the enforcement of those payments by mandamus, a suit in	1183
equity, an action at law, or any combination of those remedial	1184
actions;	1185

(7) The rights and remedies of the holders or owners of	1186
obligations or of book-entry interests in them, and of third	1187
parties under any credit enhancement facility, and provisions for	1188
protecting and enforcing those rights and remedies, including	1189
limitations on rights of individual holders or owners;	1190

(8) The replacement of mutilated, destroyed, lost, or stolen	1191
obligations;	1192

(9) The funding, refunding, or advance refunding, or other	1193
provision for payment, of obligations that will then no longer be	1194
outstanding for purposes of this section or of the applicable bond	1195
proceedings;	1196

(10) Amendment of the bond proceedings;

1197

(11) Any other or additional agreements with the owners of	1198
obligations, and such other provisions as the issuing authority	1199
determines, including limitations, conditions, or qualifications,	1200
relating to any of the foregoing.	1201

(F) The great seal of the state or a facsimile of it may be	1202
affixed to or printed on the obligations. The obligations	1203
requiring execution by or for the issuing authority shall be	1204
signed as provided in the bond proceedings. Any obligations may	1205
be signed by the individual who on the date of execution is the	1206
authorized signer although on the date of these obligations that	1207
individual is not an authorized signer. In case the individual	1208
whose signature or facsimile signature appears on any obligation	1209
ceases to be an authorized signer before delivery of the	1210
obligation, that signature or facsimile is nevertheless valid and	1211
sufficient for all purposes as if that individual had remained the	1212
authorized signer until delivery.	1213

(G) Obligations are investment securities under Chapter	1214
1308. of the Revised Code. Obligations may be issued in bearer or	1215
in registered form, registrable as to principal alone or as to	1216
both principal and interest, or both, or in certificated or	1217
uncertificated form, as the issuing authority determines.	1218
Provision may be made for the exchange, conversion, or transfer of	1219
obligations and for reasonable charges for registration, exchange,	1220
conversion, and transfer. Pending preparation of final	1221
obligations, the issuing authority may provide for the issuance of	1222
interim instruments to be exchanged for the final obligations.	1223

(H) Obligations may be sold at public sale or at private	1224
sale, in such manner, and at such price at, above or below par,	1225
all as determined by and provided by the issuing authority in the	1226
bond proceedings.	1227

(I) Except to the extent that rights are restricted by the	1228
bond proceedings, any owner of obligations or provider of a credit	1229
enhancement facility may by any suitable form of legal proceedings	1230
protect and enforce any rights relating to obligations or that	1231
facility under the laws of this state or granted by the bond	1232
proceedings. Those rights include the right to compel the	1233
performance of all applicable duties of the issuing authority and	1234
the state. Each duty of the issuing authority and that	1235
authority's officers, staff, and employees, and of each state	1236
entity or agency, or using district or using institution, and its	1237
officers, members, staff, or employees, undertaken pursuant to the	1238
bond proceedings, is hereby established as a duty of the entity or	1239
individual having authority to perform that duty, specifically	1240
enjoined by law and resulting from an office, trust, or station	1241
within the meaning of section 2731.01 of the Revised Code. The	1242
individuals who are from time to time the issuing authority,	1243
members or officers of the issuing authority, or those members'	1244
designees acting pursuant to section 154.02 of the Revised Code,	1245
or the issuing authority's officers, staff, or employees, are not	1246
liable in their personal capacities on any obligations or	1247
otherwise under the bond proceedings.	1248

(J)(1) Subject to sectionSection 2l, 2m, 2n, 2o, or 15, and	1249
Section 17, of Article VIII, Ohio Constitution and sections 151.01	1250
to 151.08151.09 or 151.40 of the Revised Code, the issuing	1251
authority may, in addition to the authority referred to in	1252
division (B) of this section, authorize and provide for the	1253
issuance of:	1254

(a) Obligations in the form of bond anticipation notes, and	1255
may provide for the renewal of those notes from time to time by	1256
the issuance of new notes. The holders of notes or appertaining	1257
interest coupons have the right to have debt service on those	1258
notes paid solely from the moneys and special funds that are or	1259
may be pledged to that payment, including the proceeds of bonds or	1260
renewal notes or both, as the issuing authority provides in the	1261
bond proceedings authorizing the notes. Notes may be additionally	1262
secured by covenants of the issuing authority to the effect that	1263
the issuing authority and the state will do all things necessary	1264
for the issuance of bonds or renewal notes in such principal	1265
amount and upon such terms as may be necessary to provide moneys	1266
to pay when due the debt service on the notes, and apply their	1267
proceeds to the extent necessary, to make full and timely payment	1268
of debt service on the notes as provided in the applicable bond	1269
proceedings. In the bond proceedings authorizing the issuance of	1270
bond anticipation notes the issuing authority shall set forth for	1271
the bonds anticipated an estimated schedule of annual principal	1272
payments the latest of which shall be no later than provided in	1273
division (C) of this section. While the notes are outstanding	1274
there shall be deposited, as shall be provided in the bond	1275
proceedings for those notes, from the sources authorized for	1276
payment of debt service on the bonds, amounts sufficient to pay	1277
the principal of the bonds anticipated as set forth in that	1278
estimated schedule during the time the notes are outstanding,	1279
which amounts shall be used solely to pay the principal of those	1280
notes or of the bonds anticipated.	1281

(b) Obligations for the refunding, including funding and	1282
retirement, and advance refunding with or without payment or	1283
redemption prior to maturity, of any obligations previously	1284
issued. Refunding obligations may be issued in amounts sufficient	1285
to pay or to provide for repayment of the principal amount,	1286
including principal amounts maturing prior to the redemption of	1287
the remaining prior obligations, any redemption premium, and	1288
interest accrued or to accrue to the maturity or redemption date	1289
or dates, payable on the prior obligations, and related financing	1290
costs and any expenses incurred or to be incurred in connection	1291
with that issuance and refunding. Subject to the applicable bond	1292
proceedings, the portion of the proceeds of the sale of refunding	1293
obligations issued under division (J)(1)(b) of this section to be	1294
applied to debt service on the prior obligations shall be credited	1295
to an appropriate separate account in the bond service fund and	1296
held in trust for the purpose by the issuing authority or by a	1297
corporate trustee. Obligations authorized under this division	1298
shall be considered to be issued for those purposes for which the	1299
prior obligations were issued.	1300

(2) Except as otherwise provided in sections 151.01 to	1301
151.08151.09 or 151.40 of the Revised Code, bonds or notes	1302
authorized pursuant to division (J) of this section are subject to	1303
the provisions of those sections pertaining to obligations	1304
generally.	1305

(3) The principal amount of refunding or renewal obligations	1306
issued pursuant to division (J) of this section shall be in	1307
addition to the amount authorized by the general assembly as	1308
referred to in division (B) of the following sections: section	1309
151.03, 151.04, 151.05, 151.06, 151.07, or 151.08, 151.09, or	1310
151.40 of the Revised Code.	1311

(K) Obligations are lawful investments for banks, savings	1312
and loan associations, credit union share guaranty corporations,	1313
trust companies, trustees, fiduciaries, insurance companies,	1314
including domestic for life and domestic not for life, trustees or	1315
other officers having charge of sinking and bond retirement or	1316
other special funds of the state and political subdivisions and	1317
taxing districts of this state, the sinking fund, the	1318
administrator of workers' compensation subject to the approval of	1319
the workers' compensation board, the state teachers retirement	1320
system, the public employees retirement system, the school	1321
employees retirement system, and the Ohio police and fire pension	1322
fund, notwithstanding any other provisions of the Revised Code or	1323
rules adopted pursuant to those provisions by any state agency	1324
with respect to investments by them, and are also acceptable as	1325
security for the repayment of the deposit of public moneys. The	1326
exemptions from taxation in Ohio as provided for in particular	1327
sections of the Ohio Constitution and section 5709.76 of the	1328
Revised Code apply to the obligations.	1329

(L)(1) Unless otherwise provided or provided for in any	1330
applicable bond proceedings, moneys to the credit of or in a	1331
special fund shall be disbursed on the order of the issuing	1332
authority. No such order is required for the payment, from the	1333
bond service fund or other special fund, when due of debt service	1334
or required payments under credit enhancement facilities.	1335

(2) Payments received by the state under interest rate	1336
hedges entered into as credit enhancement facilities under this	1337
chapter shall be deposited to the credit of the bond service fund	1338
for the obligations to which those credit enhancement facilities	1339
relate.	1340

(M) The full faith and credit, revenue, and taxing power of	1341
the state are and shall be pledged to the timely payment of debt	1342
service on outstanding obligations as it comes due, all in	1343
accordance with Section 2l, 2m, 2n, 2o, or 15 of Article VIII,	1344
Ohio Constitution, and section 151.03, 151.04, 151.05, 151.06,	1345
151.07, or 151.08, or 151.09 of the Revised Code. Moneys referred	1346
to in Section 5a of Article XII, Ohio Constitution, may not be	1347
pledged or used for the payment of debt service except on	1348
obligations referred to in section 151.06 of the Revised Code. The	1349
state covenants, and that covenant shall be controlling	1350
notwithstanding any other provision of law, that the state and the	1351
applicable officers and agencies of the state, including the	1352
general assembly, shall, so long as any obligations are	1353
outstanding in accordance with their terms, maintain statutory	1354
authority for and cause to be levied, collected and applied	1355
sufficient pledged excises, taxes, and revenues of the state so	1356
that the revenues shall be sufficient in amounts to pay debt	1357
service when due, to establish and maintain any reserves and other	1358
requirements, and to pay financing costs, including costs of or	1359
relating to credit enhancement facilities, all as provided for in	1360
the bond proceedings. Those excises, taxes, and revenues are and	1361
shall be deemed to be levied and collected, in addition to the	1362
purposes otherwise provided for by law, to provide for the payment	1363
of debt service and financing costs in accordance with sections	1364
151.01 to 151.08 of the Revised Code and the bond proceedings.	1365

(N) The general assembly may from time to time repeal or	1366
reduce any excise, tax, or other source of revenue pledged to the	1367
payment of the debt service pursuant to Section 2l, 2m, 2n, 2o, or	1368
15 of Article VIII, Ohio Constitution, and sections 151.01 to	1369
151.08151.09 or 151.40 of the Revised Code, and may levy, collect	1370
and apply any new or increased excise, tax, or revenue to meet the	1371
pledge, to the payment of debt service on outstanding obligations,	1372
of the state's full faith and credit, revenue and taxing power, or	1373
of designated revenues and receipts, except fees, excises or taxes	1374
referred to in Section 5a of Article XII, Ohio Constitution, for	1375
other than obligations referred to in section 151.06 of the	1376
Revised Code and except net state lottery proceeds for other than	1377
obligations referred to in section 151.03 of the Revised Code.	1378
Nothing in division (N) of this section authorizes any impairment	1379
of the obligation of this state to levy and collect sufficient	1380
excises, taxes, and revenues to pay debt service on obligations	1381
outstanding in accordance with their terms.	1382

(O) Each bond service fund is a trust fund and is hereby	1383
pledged to the payment of debt service on the applicable	1384
obligations. Payment of that debt service shall be made or	1385
provided for by the issuing authority in accordance with the bond	1386
proceedings without necessity for any act of appropriation. The	1387
bond proceedings may provide for the establishment of separate	1388
accounts in the bond service fund and for the application of those	1389
accounts only to debt service on specific obligations, and for	1390
other accounts in the bond service fund within the general	1391
purposes of that fund.	1392

(P) Subject to the bond proceedings pertaining to any	1393
obligations then outstanding in accordance with their terms, the	1394
issuing authority may in the bond proceedings pledge all, or such	1395
portion as the issuing authority determines, of the moneys in the	1396
bond service fund to the payment of debt service on particular	1397
obligations, and for the establishment and maintenance of any	1398
reserves for payment of particular debt service.	1399

(Q) TheFor obligations issued pursuant to sections 151.01 to	1400
151.09 of the Revised Code, the issuing authority shall by the	1401
fifteenth day of the July of each fiscal year, certify or cause to	1402
be certified to the office of budget and management the total	1403
amount of moneys required during the current fiscal year to meet	1404
in full all debt service on the respective obligations and any	1405
related financing costs payable from the applicable bond service	1406
fund and not from the proceeds of refunding or renewal	1407
obligations. The issuing authority shall make or cause to be made	1408
supplemental certifications to the office of budget and management	1409
for each debt service payment date and at such other times during	1410
each fiscal year as may be provided in the bond proceedings or	1411
requested by that office. Debt service, costs of credit	1412
enhancement facilities, and other financing costs shall be set	1413
forth separately in each certification. If and so long as the	1414
moneys to the credit of the bond service fund, together with any	1415
other moneys available for the purpose, are insufficient to meet	1416
in full all payments when due of the amount required as stated in	1417
the certificate or otherwise, the office of budget and management	1418
shall at the times as provided in the bond proceedings, and	1419
consistent with any particular provisions in sections 151.03 to	1420
151.08151.09 of the Revised Code, transfer a sufficient amount to	1421
the bond service fund from the revenues derived from excises,	1422
taxes, and other revenues, including net state lottery proceeds in	1423
the case of obligations referred to in section 151.03 of the	1424
Revised Code.	1425

(R) Unless otherwise provided in any applicable bond	1426
proceedings, moneys to the credit of special funds may be invested	1427
by or on behalf of the state only in one or more of the following:	1428

(1) Notes, bond, or other direct obligations of the United	1429
States or of any agency or instrumentality of the United States,	1430
or in no-front-end-load money market mutual funds consisting	1431
exclusively of those obligations, or in repurchase agreements,	1432
including those issued by any fiduciary, secured by those	1433
obligations, or in collective investment funds consisting	1434
exclusively of those obligations;	1435

(2) Obligations of this state or any political subdivision	1436
of this state;	1437

(3) Certificates of deposit of any national bank located in	1438
this state and any bank, as defined in section 1101.01 of the	1439
Revised Code, subject to inspection by the superintendent of	1440
financial institutions;	1441

(4) The treasurer of state's pooled investment program under	1442
section 135.45 of the Revised Code.	1443

The income from investments referred to in division (R) of	1444
this section shall, unless otherwise provided in sections 151.01	1445
to 151.08151.09 or 151.40 of the Revised Code, be credited to	1446
special funds or otherwise as the issuing authority determines in	1447
the bond proceedings. Those investments may be sold or exchanged	1448
at times as the issuing authority determines, provides for, or	1449
authorizes.	1450

(S) The treasurer of state shall have responsibility for	1451
keeping records, making reports, and making payments, relating to	1452
any arbitrage rebate requirements under the applicable bond	1453
proceedings.	1454

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

1455

(1) "Costs of conservation projects" includes related direct	1456
administrative expenses and allocable portions of the direct costs	1457
of those projects of the department of agriculture, the department	1458
of natural resources, or the Ohio public works commission.	1459

(2) "Obligations" means obligations issued to pay costs of	1460
projects for conservation purposes as referred to in division	1461
(A)(1) of Section 2o of Article VIII, Ohio Constitution.	1462

(B)(1) The issuing authority shall issue general	1463
obligations of the state to pay costs of conservation projects	1464
pursuant to division (B)(1) of Section 2o of Article VIII, Ohio	1465
Constitution, section 151.01 of the Revised Code, and this	1466
section. The issuing authority, upon the certification to it by	1467
the Ohio public works commission of amounts needed in and for the	1468
purposes of the clean Ohio conservation fund created by section	1469
164.27 of the Revised Code, the clean Ohio agricultural easement	1470
fund created by section 901.21 of the Revised Code, and the clean	1471
Ohio trail fund created by section 1519.05 of the Revised Code,	1472
shall issue obligations in the amount determined by the issuing	1473
authority to be required for those purposes. The total principal	1474
amount of obligations issued under this section shall not exceed	1475
two hundred million dollars.	1476

(2) In making the certification required under division	1477
(B)(1) of this section, the Ohio public works commission shall	1478
consult with the department of agriculture and the department of	1479
natural resources. The commission shall certify amounts that	1480
correspond to the distribution of the net proceeds of obligations	1481
provided in division (C) of this section.	1482

(C) Net proceeds of obligations shall be deposited as	1483
follows:	1484

(1) Seventy-five per cent into the clean Ohio conservation	1485
fund created by section 164.27 of the Revised Code;	1486

(2) Twelve and one-half per cent into the clean Ohio	1487
agricultural easement fund created by section 901.21 of the	1488
Revised Code;	1489

(3) Twelve and one-half per cent into the clean Ohio trail	1490
fund created by section 1519.05 of the Revised Code.	1491

(D) There is hereby created in the state treasury the	1492
conservation projects bond service fund. All moneys received by	1493
the state and required by the bond proceedings, consistent with	1494
section 151.01 of the Revised Code and this section, to be	1495
deposited, transferred, or credited to the bond service fund, and	1496
all other moneys transferred or allocated to or received for the	1497
purposes of that fund, shall be deposited and credited to the bond	1498
service fund, subject to any applicable provisions of the bond	1499
proceedings, but without necessity for any act of appropriation.	1500
During the period beginning with the date of the first issuance of	1501
obligations and continuing during the time that any obligations	1502
are outstanding in accordance with their terms, so long as moneys	1503
in the bond service fund are insufficient to pay debt service when	1504
due on those obligations payable from that fund, except the	1505
principal amounts of bond anticipation notes payable from the	1506
proceeds of renewal notes or bonds anticipated, and due in the	1507
particular fiscal year, a sufficient amount of revenues of the	1508
state is committed and, without necessity for further act of	1509
appropriation, shall be paid to the bond service fund for the	1510
purpose of paying that debt service when due.	1511

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

1512

(1) "Bond proceedings" includes any trust agreements, and	1513
any amendments or supplements to them, as authorized by this	1514
section.	1515

(2) "Costs of revitalization projects" includes related	1516
direct administrative expenses and allocable portions of the	1517
direct costs of those projects of the department of development or	1518
the environmental protection agency.	1519

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

1520

(4) "Obligations" means obligations issued to pay the costs	1521
of projects for revitalization purposes as referred to in division	1522
(A)(2) of Section 2o of Article VIII, Ohio Constitution.	1523

(5) "Pledged liquor profits" means all receipts of the	1524
state representing the gross profit on the sale of spirituous	1525
liquor, as referred to in division (B)(4) of section 4301.10 of	1526
the Revised Code, after paying all costs and expenses of the	1527
division of liquor control and providing an adequate working	1528
capital reserve for the division of liquor control as provided in	1529
that division, but excluding the sum required by the second	1530
paragraph of section 4301.12 of the Revised Code, as it was in	1531
effect on May 2, 1980, to be paid into the state treasury.	1532

(6) "Pledged receipts" means, as and to the extent provided	1533
in bond proceedings:	1534

(a) Pledged liquor profits. The pledge of pledged liquor	1535
profits to obligations is subject to the priority of the pledge of	1536
those profits to obligations issued and to be issued, and	1537
guarantees made and to be made, pursuant to Chapter 166. of the	1538
Revised Code.	1539

(b) Moneys accruing to the state from the lease, sale, or	1540
other disposition or use of revitalization projects or from the	1541
repayment, including any interest, of loans or advances made from	1542
net proceeds;	1543

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

1544

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

1545

(e) Any gifts, grants, donations, or pledges, and receipts	1546
therefrom, available for the payment of debt service;	1547

(f) Additional or any other specific revenues or receipts	1548
lawfully available to be pledged, and pledged, pursuant to further	1549
authorization by the general assembly, to the payment of debt	1550
service.	1551

(B) The issuing authority shall issue obligations of the	1552
state to pay costs of revitalization projects pursuant to division	1553
(B)(2) of Section 2o of Article VIII, Ohio Constitution, section	1554
151.01 of the Revised Code as applicable to this section, and this	1555
section. The issuing authority, upon the certification to it by	1556
the clean Ohio council of the amount of moneys needed in and for	1557
the purposes of the clean Ohio revitalization fund created by	1558
section 122.658 of the Revised Code, shall issue obligations in	1559
the amount determined by the issuing authority to be required for	1560
those purposes. The total principal amount of obligations issued	1561
under this section shall not exceed two hundred million dollars.	1562
The provisions and authorizations in section 151.01 of the Revised	1563
Code apply to the obligations and the bond proceedings except as	1564
otherwise provided or provided for in those obligations and bond	1565
proceedings.	1566

(C) Net proceeds of obligations shall be deposited in the	1567
clean Ohio revitalization fund created in section 122.658 of the	1568
Revised Code.	1569

(D) There is hereby created the revitalization projects	1570
bond service fund, which shall be in the custody of the treasurer	1571
of state, but shall be separate and apart from and not a part of	1572
the state treasury. All money received by the state and required	1573
by the bond proceedings, consistent with section 151.01 of the	1574
Revised Code and this section, to be deposited, transferred, or	1575
credited to the bond service fund, and all other money transferred	1576
or allocated to or received for the purposes of that fund, shall	1577
be deposited and credited to the bond service fund, subject to any	1578
applicable provisions of the bond proceedings, but without	1579
necessity for any act of appropriation. During the period	1580
beginning with the date of the first issuance of obligations and	1581
continuing during the time that any obligations are outstanding in	1582
accordance with their terms, so long as moneys in the bond service	1583
fund are insufficient to pay debt service when due on those	1584
obligations payable from that fund, except the principal amounts	1585
of bond anticipation notes payable from the proceeds of renewal	1586
notes or bonds anticipated, and due in the particular fiscal year,	1587
a sufficient amount of pledged receipts is committed and, without	1588
necessity for further act of appropriation, shall be paid to the	1589
bond service fund for the purpose of paying that debt service when	1590
due.	1591

(E) The issuing authority may pledge all, or such portion	1592
as the issuing authority determines, of the pledged receipts to	1593
the payment of the debt service charges on obligations issued	1594
under this section, and for the establishment and maintenance of	1595
any reserves, as provided in the bond proceedings, and make other	1596
provisions in the bond proceedings with respect to pledged	1597
receipts as authorized by this section, which provisions are	1598
controlling notwithstanding any other provisions of law pertaining	1599
to them.	1600

(F) The issuing authority may covenant in the bond	1601
proceedings, and such covenants shall be controlling	1602
notwithstanding any other provision of law, that the state and	1603
applicable officers and state agencies, including the general	1604
assembly, so long as any obligations issued under this section are	1605
outstanding, shall maintain statutory authority for and cause to	1606
be charged and collected wholesale or retail prices for spirituous	1607
liquor sold by the state or its agents so that the available	1608
pledged receipts are sufficient in time and amount to meet debt	1609
service payable from pledged liquor profits and for the	1610
establishment and maintenance of any reserves and other	1611
requirements provided for in the bond proceedings.	1612

(G) Obligations may be further secured, as determined by	1613
the issuing authority, by a trust agreement between the state and	1614
a corporate trustee, which may be any trust company or bank having	1615
its principal place of business within the state. Any trust	1616
agreement may contain the resolution or order authorizing the	1617
issuance of the obligations, any provisions that may be contained	1618
in any bond proceedings, and other provisions that are customary	1619
or appropriate in an agreement of that type, including, but not	1620
limited to:	1621

(1) Maintenance of each pledge, trust agreement, or other	1622
instrument comprising part of the bond proceedings until the state	1623
has fully paid or provided for the payment of debt service on the	1624
obligations secured by it;	1625

(2) In the event of default in any payments required to be	1626
made by the bond proceedings, enforcement of those payments or	1627
agreements by mandamus, the appointment of a receiver, suit in	1628
equity, action at law, or any combination of them;	1629

(3) The rights and remedies of the holders or owners of	1630
obligations and of the trustee and provisions for protecting and	1631
enforcing them, including limitations on rights of individual	1632
holders and owners.	1633

(H) The obligations shall not be general obligations of the	1634
state and the full faith and credit, revenue, and taxing power of	1635
the state shall not be pledged to the payment of debt service on	1636
them. The holders or owners of the obligations shall have no right	1637
to have any moneys obligated or pledged for the payment of debt	1638
service except as provided in this section and in the applicable	1639
bond proceedings. The rights of the holders and owners to payment	1640
of debt service are limited to all or that portion of the pledged	1641
receipts, and those special funds, pledged to the payment of debt	1642
service pursuant to the bond proceedings in accordance with this	1643
section, and each obligation shall bear on its face a statement to	1644
that effect.	1645

Sec. 164.02.  (A) The general assembly finds that public	1646
infrastructure capital improvements are necessary to preserve the	1647
public capital infrastructure of local subdivisions, ensure the	1648
public health, safety, and welfare, create and preserve jobs,	1649
enhance employment opportunities, and improve the economic welfare	1650
of the people of this state. Accordingly, it is declared to be	1651
the public policy of this state, through the operation of this	1652
chapter and pursuant to Sections 2k and 2m of Article VIII, Ohio	1653
Constitution, to assist local subdivisions to finance public	1654
infrastructure capital improvements. In furtherance of such	1655
public policy and to implement such purpose, thereThere is hereby	1656
created the Ohio public works commission consisting of seven	1657
members who shall be appointed as follows: two persons shall be	1658
appointed by the speaker of the house of representatives; one	1659
person shall be appointed by the minority leader of the house of	1660
representatives; two persons shall be appointed by the president	1661
of the senate; one person shall be appointed by the minority	1662
leader of the senate; and one person from the private sector, who	1663
shall have at least eight years experience in matters of public	1664
finance, shall be appointed alternately by the speaker of the	1665
house of representatives and the president of the senate, with the	1666
speaker of the house making the first appointment. The director	1667
of transportation, the director of environmental protection, the	1668
director of development, the director of natural resources, and	1669
the chairperson of the Ohio water development authority shall be	1670
nonvoting, ex officio members of the commission. The initial	1671
appointments made to the commission by the minority leaders of the	1672
senate and house of representatives and one of the initial	1673
appointments made by the speaker of the house of representatives	1674
and the president of the senate shall be for terms ending December	1675
31, 1989; one of the initial appointments made by the speaker of	1676
the house of representatives and the president of the senate shall	1677
be for terms ending December 31, 1990; and the initial term of the	1678
appointment to the commission whichthat is alternately made by	1679
the speaker of the house of representatives and the president of	1680
the senate shall be for a term ending December 31, 1989.	1681
Thereafter, terms of office shall be for three years, each term	1682
ending on the same day of the same month of the year as did the	1683
term which it succeeds. Each member shall hold office from the	1684
date of appointment until the end of the term for which the member	1685
is appointed. Members may be reappointed one time. Vacancies	1686
shall be filled in the same manner provided for original	1687
appointments. Any member appointed to fill a vacancy occurring	1688
prior to the expiration date of the term for which the member's	1689
predecessor was appointed shall hold office for the remainder of	1690
that term. A member shall continue in office subsequent to the	1691
expiration date of the member's term until the member's successor	1692
takes office or until a period of sixty days has elapsed,	1693
whichever occurs first.	1694

The commission shall elect a chairperson, vice-chairperson,	1695
and other officers as it considers advisable. Four members	1696
constitute a quorum. Members of the commission shall serve	1697
without compensation but shall be reimbursed for their actual and	1698
necessary expenses incurred in the performaceperformance of their	1699
duties.	1700

(B) The Ohio public works commission shall:

1701

(1) Review and evaluate persons who will be recommended to	1702
the governor for appointment to the position of director of the	1703
Ohio public works commission, and, when the commission considers	1704
it appropriate, recommend the removal of a director;	1705

(2) Provide the governor with a list of names of three	1706
persons who are, in the judgment of the commission, qualified to	1707
be appointed to the position of director. The commission shall	1708
provide the list, which may include the name of the incumbent	1709
director to the governor, not later than sixty days prior to the	1710
expiration of the term of such incumbent director. A director	1711
shall serve a two-year term upon initial appointment, and	1712
four-year terms if subsequently reappointed by the governor;	1713
however, the governor may remove a director at any time following	1714
the commission's recommendation of such action. Upon the	1715
expiration of a director's term, or in the case of the	1716
resignation, death, or removal of a director, the commission shall	1717
provide such list of the names of three persons to the governor	1718
within thirty days of such expiration, resignation, death, or	1719
removal. Nothing in this section shall prevent the governor, in	1720
the governor's discretion, from rejecting all of the nominees of	1721
the commission and requiring the commission to select three	1722
additional nominees. However, when the governor has requested and	1723
received a second list of three additional names, the governor	1724
shall make the appointment from one of the names on the first list	1725
or the second list. Appointment by the governor is subject to the	1726
advice and consent of the senate.	1727

In the case of the resignation, removal, or death of the	1728
director during the director's term of office, a successor shall	1729
be chosen for the remainder of the term in the same manner as is	1730
provided for an original appointment.	1731

(3) Provide oversight to the director and advise in the	1732
development of policy guidelines for the implementation of this	1733
chapter, and report and make recommendations to the general	1734
assembly with respect to such implementation;	1735

(4) Adopt bylaws to govern the conduct of the commission's	1736
business;	1737

(5) Appoint the members of the Ohio small government capital	1738
improvements commission in accordance with division (C) of this	1739
section.	1740

(C)(1) There is hereby created the Ohio small government	1741
capital improvements commission. The commission shall consist of	1742
ten members, including the director of transportation, the	1743
director of environmental protection, and the chairperson of the	1744
Ohio water development authority as nonvoting, ex officio members	1745
and seven voting members appointed by the Ohio public works	1746
commission. Each such appointee shall be a member of a district	1747
public works integrating committee who was appointed to the	1748
integrating committee pursuant to the majority vote of the chief	1749
executive officers of the villages of the appointee's district or	1750
by a majority of the boards of township trustees of the	1751
appointee's district.	1752

(2) Two of the initial appointments shall be for terms	1753
ending two years after March 29, 1988. The remaining initial	1754
appointments shall be for terms ending three years after March 29,	1755
1988. Thereafter, terms of office shall be for two years, with	1756
each term ending on the same date of the same month as did the	1757
term that it succeeds. Each member shall hold office from the	1758
date of appointment until the end of the term for which the member	1759
is appointed. Vacancies shall be filled in the same manner as	1760
original appointments. Any member appointed to fill a vacancy	1761
occurring prior to the expiration date of the term for which the	1762
member's predecessor was appointed shall hold office as a member	1763
for the remainder of that term. A member shall continue in office	1764
subsequent to the expiration of the member's term until the	1765
member's successor takes office or until a period of sixty days	1766
has elapsed, whichever occurs first. Members of the commission	1767
may be reappointed to serve two additional terms, except that no	1768
member appointed to an initial term of three years may be	1769
reappointed to more than one additional term. No more than two	1770
members of the commission may be members of the same district	1771
public works integrating committee.	1772

(3) The Ohio small government capital improvements	1773
commission shall elect one of its appointed members as chairperson	1774
and another as vice-chairperson. Four voting members of the	1775
commission constitute a quorum, and the affirmative vote of four	1776
appointed members is required for any action taken by vote of the	1777
commission. No vacancy in the membership of the commission shall	1778
impair the right of a quorum by an affirmative vote of four	1779
appointed members to exercise all rights and perform all duties of	1780
the commission. Members of the commission shall serve without	1781
compensation, but shall be reimbursed for their actual and	1782
necessary expenses incurred in the performance of their duties.	1783

(D) The Ohio small government capital improvements	1784
commission shall:	1785

(1) Advise the general assembly on the development of policy	1786
guidelines for the implementation of this chapter, especially as	1787
it relates to the interests of small governments and the use of	1788
the portion of bond proceeds set aside for the exclusive use of	1789
townships and villages;	1790

(2) Advise the township and village subcommittees of the	1791
various district public works integrating committees concerning	1792
the selection of projects for which the use of such proceeds will	1793
be authorized;	1794

(3) Affirm or overrule the recommendations of its	1795
administrator made in accordance with section 164.051 of the	1796
Revised Code concerning requests from townships and villages for	1797
financial assistance for capital improvement projects.	1798

(E) Membership on the Ohio public works commission or the	1799
Ohio small government capital improvements commission does not	1800
constitute the holding of a public office. No appointed member	1801
shall be required, by reason of section 101.26 of the Revised	1802
Code, to resign from or forfeit membership in the general	1803
assembly.	1804

Notwithstanding any provision of law to the contrary, a	1805
county, municipal, or township public official may serve as a	1806
member of the Ohio public works commission or the Ohio small	1807
government capital improvements commission.	1808

Members of the commissions established by this section do not	1809
have an unlawful interest in a public contract under section	1810
2921.42 of the Revised Code solely by virtue of the receipt of	1811
financial assistance under this chapter by the local subdivision	1812
of which they are also a public official or appointee.	1813

(F) The director of the Ohio public works commission shall	1814
administer the small counties capital improvement program, which	1815
is hereby created. The program shall provide financial assistance	1816
to county governments of counties that have a population of less	1817
than eighty-five thousand according to the most recent decennial	1818
census. Under the program, the director shall review and may	1819
approve projects submitted by subcommittees of district public	1820
works integrating committees under division (E) of section 164.06	1821
of the Revised Code. In approving projects, the director shall be	1822
guided by the provisions of division (B) of that section, while	1823
taking into consideration the special capital improvement needs of	1824
small counties.	1825

Sec. 164.20. (A) Notwithstanding section 164.01 of the	1826
Revised Code, as used in sections 164.20 to 164.27 of the Revised	1827
Code, "local political subdivision" means a county, municipal	1828
corporation, township, conservancy district, soil and water	1829
conservation district, joint recreation district, park district,	1830
or other similar park authority.	1831

(B) As used in sections 164.20 to 164.27 of the Revised	1832
Code, "nonprofit organization" means an organization that is	1833
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	1834
and described in 26 U.S.C. 501(c) and that has as one of its	1835
designated activities, as indicated on United States internal	1836
revenue service form 1023 "recognition of exemption," an activity	1837
that is directly related to the purposes for which grants may be	1838
issued under sections 164.20 to 164.27 of the Revised Code as	1839
described in divisions (A) and (B) of section 164.22 of the	1840
Revised Code.	1841

(C) For the purposes of sections 164.20 to 164.27 of the	1842
Revised Code, the definition of "project" in section 164.01 of the	1843
Revised Code does not apply.	1844

Sec. 164.21.  (A) Each district public works integrating	1845
committee or, if applicable, the executive committee of the	1846
integrating committee shall appoint a natural resources assistance	1847
council consisting of eleven members. Of the eleven members, one	1848
shall be a member of the appointing integrating committee and one	1849
shall represent a soil and water conservation district that is	1850
located within the geographical jurisdiction of the appointing	1851
integrating committee. The nine other members of the council	1852
shall be appointed from the following categories of organizations,	1853
units of government, or agencies and shall include at least one	1854
member from each of those categories:	1855

(1) A county, municipal corporation, township, conservancy	1856
district, regional or joint district or unit of local government,	1857
or regional or joint political subdivision that is located within	1858
the geographical jurisdiction of the appointing integrating	1859
committee;	1860

(2) A conservation organization, an environmental advocacy	1861
organization, an organization with a primary interest in watershed	1862
protection and restoration, the department of natural resources,	1863
the environmental protection agency, or the United States natural	1864
resources conservation service;	1865

(3) A city park system or metropolitan park system or a	1866
board of park commissioners from a county that is located within	1867
the geographical jurisdiction of the appointing integrating	1868
committee, a statewide parks and recreation organization, or the	1869
United States national park service;	1870

(4) A statewide organization representing agriculture, an	1871
organization representing forestry interests, the department of	1872
agriculture, or the United States department of agriculture;	1873

(5) An organization representing business, local realtors,	1874
or a planning agency, including a port authority, located within	1875
the geographical jurisdiction of the appointing integrating	1876
committee.	1877

No organization, unit of government, or agency that is	1878
listed in divisions (A)(1) to (5) of this section shall be	1879
represented by more than one member on the council at any given	1880
time. The membership of a natural resources assistance council	1881
shall reflect the demographic and economic diversity of the	1882
population located within the geographical area represented by the	1883
council.	1884

A council shall be appointed by the appropriate integrating	1885
committee not later than ninety days after the effective date of	1886
this section. Of the initial members appointed to the council,	1887
four shall be appointed for one year, four shall be appointed for	1888
two years, and three shall be appointed for three years.	1889
Thereafter, terms of office for members of the council shall be	1890
for three years, with each term ending on the same day of the same	1891
month as did the term that it succeeds. Each member shall hold	1892
office from the date of appointment until the end of the term for	1893
which the member is appointed, except that, with respect to any	1894
member who is an elected or appointed official of a township,	1895
municipal corporation, or county, the term of office for that	1896
person on the council shall not extend beyond the member's term as	1897
an elected or appointed official.	1898

Members may be reappointed. Vacancies shall be filled in	1899
the same manner provided for original appointments. Any member	1900
appointed to fill a vacancy occurring prior to the expiration date	1901
of the term for which the member was appointed shall hold office	1902
for the remainder of that term. A member shall continue in office	1903
subsequent to the expiration date of the member's term until the	1904
member's successor takes office or until a period of sixty days	1905
has elapsed, whichever occurs first. Members may be removed by the	1906
district public works integrating committee for misfeasance,	1907
malfeasance, or nonfeasance in office.	1908

(B) A natural resources assistance council shall elect a	1909
chairperson, a vice-chairperson, and other officers that the	1910
council considers appropriate. A council may adopt bylaws	1911
governing its operation, including bylaws that establish the	1912
frequency of regular meetings and any necessary procedures. All	1913
meetings of a council are subject to section 121.22 of the Revised	1914
Code.	1915

(C) Serving as a member of a natural resources assistance	1916
council under this section does not constitute holding a public	1917
office or position of employment under the laws of this state and	1918
does not confer a right to compensation from any agency of this	1919
state. A member of a natural resources assistance council does not	1920
have an unlawful interest in a public contract under section	1921
2921.42 of the Revised Code solely by virtue of the receipt of	1922
financial assistance under sections 164.20 to 164.27 of the	1923
Revised Code by the local political subdivision of which the	1924
member is also a public official or appointee.	1925

(D) Sections 101.82 to 101.87 of the Revised Code do not	1926
apply to natural resources assistance councils.	1927

Sec. 164.22. Natural resources assistance councils shall	1928
review and approve or disapprove applications in accordance with	1929
sections 164.20 to 164.27 of the Revised Code for grants for	1930
projects that propose to do either of the following:	1931

(A) Provide for open space acquisition and related	1932
development of those open spaces, including the aquisition of	1933
easements. Open space acquisition projects include acquisition of	1934
land or rights in land for parks, forests, wetlands, natural areas	1935
that protect an endangered plant or animal population, other	1936
natural areas, and connecting corridors for natural areas. Related	1937
development projects include projects for the construction or	1938
enhancement of facilities that are necessary to make an open space	1939
area accessible and useable by the general public. Projects	1940
proposed pursuant to division (A) of this section shall emphasize	1941
the following:	1942

(1) The support of comprehensive open space planning and	1943
incorporation of aesthetically pleasing and ecologically informed	1944
design;	1945

(2) The enhancement of economic development that relies on	1946
recreation and ecotourism in areas with relatively high	1947
unemployment and lower incomes;	1948

(3) The protection of habitat for rare, threatened, and	1949
endangered species or the preservation of high quality, viable	1950
habitat for plant and animal species;	1951

(4) The preservation of existing high quality wetlands or	1952
other scarce natural resources within the geographical	1953
jurisdiction of the council;	1954

(5) The inclusion of pedestrian or bicycle linkages to	1955
other open-space preserves and population centers;	1956

(6) The enhancement of educational opportunities and	1957
provision of physical links to schools and after-school centers;	1958

(7) The preservation or restoration of water quality,	1959
natural stream channels, functioning floodplains, wetlands,	1960
streamside forests, and other natural features that contribute to	1961
the quality of life in this state and to the state's natural	1962
heritage. Projects shall not include hydromodification projects	1963
such as dams, dredging, sedimentation, and bank clearing and shall	1964
not accelerate untreated water runoff or encourage invasive	1965
nonnative species.	1966

(8) The reduction or elimination of nonnative, invasive	1967
species of plants or animals;	1968

(9) The proper management of areas where safe fishing,	1969
hunting, and trapping may take place in a manner that will	1970
preserve a balanced natural ecosystem.	1971

(B) Protect and enhance riparian corridors or watersheds,	1972
including the protection and enhancement of streams, rivers,	1973
lakes, and other waters of the state. Such projects may include,	1974
without limitation, the reforestation of land or the planting of	1975
vegetation for filtration purposes; the fee simple acquisition of	1976
lands for the purpose of providing access to riparian corridors or	1977
watersheds or for other purposes necessary for the protection and	1978
enhancement of riparian corridors or watersheds; and the	1979
acquisition of easements for the purpose of protecting and	1980
enhancing riparian corridors or watersheds. Projects proposed	1981
pursuant to division (B) of this section shall emphasize the	1982
following:	1983

(1) The increase of habitat protection;

1984

(2) Inclusion as part of a stream corridor-wide or	1985
watershed-wide plan;	1986

(3) The provision of multiple recreational, economic, and	1987
aesthetic preservation benefits;	1988

(4) The preservation or restoration of floodplain and	1989
streamside forest functions;	1990

(5) The preservation of headwater streams;

1991

(6) The restoration and preservation of aquatic biological	1992
communities.	1993

Projects shall not initiate or perpetuate hydromodification	1994
projects such as dams, ditch development, or channelization.	1995

Grant moneys may be used for preliminary costs related to	1996
projects that are eligible for funding under this section,	1997
including planning costs, design costs, engineering costs, costs	1998
of appraisals, environmental assessments, and archaeological	1999
surveys.	2000

Sec. 164.23. (A) An entity seeking a grant for a project that	2001
is eligible for funding under section 164.22 of the Revised Code	2002
shall submit an application to the natural resources assistance	2003
council with geographical jurisdiction over the proposed project	2004
area. Entities that are eligible for funding are limited to local	2005
political subdivisions and nonprofit organizations. The director	2006
of the Ohio public works commission shall develop the form of the	2007
application and shall provide application forms to each council.	2008
The application shall require at least all of the following:	2009

(1) An identification of the local political subdivision or	2010
nonprofit organization that is responsible for the execution and	2011
completion of the proposed project;	2012

(2) A detailed description of the proposed project;

2013

(3) An identification of the areas that are proposed to be	2014
protected, restored, preserved, or constructed;	2015

(4) Detailed information concerning the practices and	2016
procedures that will be undertaken to complete the project;	2017

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

2018

(6) The amount and nature of the moneys or resources to be	2019
used as matching funds for the project. Matching funds shall	2020
constitute not less than twenty-five per cent of the total cost of	2021
the project and may consist of contributions of money by any	2022
person, any local political subdivision, or the federal	2023
government or of contributions in-kind by such parties through the	2024
purchase or donation of equipment, land, easements, labor, or	2025
materials necessary to complete the project. Matching funds shall	2026
not consist of state money, except that grants awarded by the	2027
governor's office of Appalachian Ohio created under section 107.21	2028
of the Revised Code may be used as matching funds.	2029

(7) An identification of any participation by state	2030
agencies that may have expertise regarding the particular project	2031
and that may provide assistance with respect to the project;	2032

(8) Information concerning the coordination of the project	2033
among local political subdivisions, state agencies, federal	2034
agencies, community organizations, conservation organizations, and	2035
local business groups;	2036

(9) Information about any coordination that the project	2037
will have with projects being undertaken under the jurisdiction of	2038
other natural resources assistance councils throughout the state	2039
under sections 164.20 to 164.27 of the Revised Code or with	2040
projects being undertaken under sections 122.65 to 122.658 of the	2041
Revised Code;	2042

(10) Information about public participation in the planning	2043
and execution of the project;	2044

(11) Information about whether the general public will be	2045
given access to the project area upon the completion of the	2046
project;	2047

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

2048

(B) In addition to the application required under division	2049
(A) of this section, an applicant for a grant for a project shall	2050
include with the application all of the following:	2051

(1) A copy of a resolution supporting the project from each	2052
county in which the proposed project is to be conducted whichever	2053
of the following is applicable:	2054

(a) If the proposed project is to be conducted wholly	2055
within the geographical boundaries of one township, a copy of a	2056
resolution supporting the project from the township;	2057

(b) If the proposed project is to be conducted wholly	2058
within the geographical boundaries of one municipal corporation, a	2059
copy of a resolution supporting the project from the municipal	2060
corporation;	2061

(c) If the proposed project is to be conducted in more than	2062
one, but fewer than five townships or municipal corporations, a	2063
copy of a resolution supporting the project from at least one-half	2064
of the total number of townships and municipal corporations in	2065
which the proposed project is to be conducted;	2066

(d) If the proposed project is to be conducted in five or	2067
more townships or municipal corporations, a copy of a resolution	2068
supporting the project from at least three-fifths of the total	2069
number of townships and municipal corporations in which the	2070
proposed project is to be conducted.	2071

However, if the applicant is a county and the proposed	2072
project is to be located wholly within the geographical boundaries	2073
of the county, the applicant shall not be required to include a	2074
copy of a resolution from any township or municipal corporation.	2075
If the applicant is a municipal corporation and the proposed	2076
project is to be located wholly within the geographical boundaries	2077
of the municipal corporation, the applicant shall not be required	2078
to include a copy of a resolution from the county in which it is	2079
located. If the applicant is a township and the proposed project	2080
is to be located wholly within the geographical boundaries of the	2081
township, the applicant shall not be required to include a copy of	2082
a resolution from the county in which it is located.	2083

(2) Documentation that demonstrates that the applicant has	2084
the capacity, financial or otherwise, to complete the project for	2085
which the grant is sought and to provide any necessary ongoing	2086
maintenance of the project;	2087

(3) Documentation that indicates compliance with division	2088
(A) of section 164.26 of the Revised Code related to the long-term	2089
ownership or control of the property that is the subject of the	2090
grant application.	2091

(C) Upon receipt of an application under division (A) of	2092
this section and the information required under division (B) of	2093
this section, a council may request additional information	2094
concerning the proposed project to which the application and	2095
information apply. Upon receiving such a request, the entity	2096
proposing the project shall provide the additional information	2097
requested.	2098

Sec. 164.24. (A) A natural resources assistance council	2099
shall review each application for a grant submitted under section	2100
164.23 of the Revised Code. In reviewing an application and for	2101
the purpose of determining whether to approve or disapprove the	2102
application, a council shall consider all of the following	2103
criteria:	2104

(1) Whether the project emphasizes the factors specified in	2105
division (A) or (B) of section 164.22 of the Revised Code;	2106

(2) The amount of funding that is necessary for the	2107
completion of the project;	2108

(3) The amount and percentage of the matching funds provided	2109
under the proposal;	2110

(4) The level of coordination among local political	2111
subdivisions, state agencies, federal agencies, community	2112
organizations, conservation organizations, and local business	2113
groups;	2114

(5) The level of coordination with projects being	2115
undertaken under the jurisdiction of other natural resources	2116
assistance councils throughout the state under sections 164.20 to	2117
164.27 of the Revised Code or with projects being undertaken under	2118
sections 122.65 to 122.658 of the Revised Code;	2119

(6) The relative economic, social, and environmental	2120
benefits that the proposed project will bring to the geographical	2121
area represented by the council as compared to other proposed	2122
projects;	2123

(7) Whether the project incorporates more than one purpose	2124
for which grant moneys may be used as specified in section 164.22	2125
of the Revised Code;	2126

(8) Whether the general public will be given access to the	2127
project area upon the completion of the project;	2128

(9) Whether the project will comply with all of the	2129
requirements established in sections 164.20 to 164.27 of the	2130
Revised Code;	2131

(10) The readiness of the applicant to proceed with the	2132
project;	2133

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

2134

(B) A natural resources assistance council shall establish a	2135
prioritization and selection methodology system for applications	2136
submitted under section 164.23 of the Revised Code. The	2137
methodology shall be submitted to and approved by the director of	2138
the Ohio public works commission.	2139

(C) In accordance with the methodology system established	2140
and approved under division (B) of this section, a natural	2141
resources assistance council shall approve or disapprove an	2142
application for a grant submitted to it after consideration of all	2143
of the criteria specified in divisions (A)(1) to (11) of this	2144
section. If the council approves an application, the council	2145
shall submit a copy of the application, along with all	2146
accompanying materials, to the Ohio public works commission for	2147
final approval or disapproval.	2148

Sec. 164.25. The director of the Ohio public works commission	2149
shall approve applications for grants submitted under sections	2150
164.20 to 164.27 of the Revised Code if all of the following	2151
apply:	2152

(A) The approval of the application by the applicable	2153
natural resources assistance council was reasonably based on the	2154
criteria specified in divisions (A)(1) to (11) of section 164.24	2155
of the Revised Code.	2156

(B) The application for a grant and the proposed project for	2157
which the grant is to be used comply with all other requirements	2158
established under sections 164.20 to 164.27 of the Revised Code.	2159

(C) The amount of the financial assistance, when added to	2160
all other financial assistance provided during the calendar year	2161
for projects within the district for which a natural resources	2162
assistance council was appointed, does not exceed that district's	2163
allocation of money from the clean Ohio conservation fund under	2164
section 164.27 of the Revised Code.	2165

Sec. 164.26. (A) The director of the Ohio public works	2166
commission shall establish policies related to the need for	2167
long-term ownership, or long-term control through a lease or the	2168
purchase of an easement, of real property that is the subject of	2169
an application for a grant under sections 164.20 to 164.27 of the	2170
Revised Code and establish requirements for documentation to be	2171
submitted by grant applicants that is necessary for the proper	2172
administration of this division. The policies shall provide for	2173
proper penalties, including grant repayment, for entities that	2174
fail to comply with the long-term ownership or control	2175
requirements established under this division.	2176

The director also shall adopt policies delineating what	2177
constitutes administrative costs for purposes of division (F) of	2178
section 164.27 of the Revised Code.	2179

(B) The Ohio public works commission shall administer	2180
sections 164.20 to 164.27 of the Revised Code and shall exercise	2181
any authority and use any procedures granted or established under	2182
sections 164.02 and 164.05 of the Revised Code that are necessary	2183
for that purpose.	2184

Sec. 164.27. (A) The clean Ohio conservation fund is hereby	2185
created in the state treasury. Seventy-five per cent of the net	2186
proceeds of obligations issued and sold by the issuing authority	2187
pursuant to sections 151.01 and 151.09 of the Revised Code shall	2188
be deposited into the fund. Investment earnings of the fund shall	2189
be credited to the fund. Investment earnings credited to the fund	2190
may be used to pay costs incurred by the Ohio public works	2191
commission in administering sections 164.20 to 164.27 of the	2192
Revised Code. Moneys in the clean Ohio conservation fund shall be	2193
used to make grants to local political subdivisions and nonprofit	2194
organizations for projects that have been approved for grants	2195
under sections 164.20 to 164.27 of the Revised Code.	2196

The clean Ohio conservation fund shall be administered by	2197
the Ohio public works commission.	2198

(B) For the purpose of grants issued under sections 164.20	2199
to 164.27 of the Revised Code, moneys shall be allocated on an	2200
annual basis from the clean Ohio conservation fund to districts	2201
represented by natural resources assistance councils as follows:	2202

(1) Each district shall receive an amount that is equal to	2203
one-fourth of one per cent of the total annual amount allocated to	2204
all districts each year for each county that is represented by the	2205
district.	2206

(2) The remaining moneys shall be allocated to each district	2207
annually on a per capita basis.	2208

(C) A grant that is awarded under sections 164.20 to 164.27	2209
of the Revised Code may provide up to seventy-five per cent of the	2210
estimated cost of a project. Matching funds from a grant	2211
recipient may consist of contributions of money by any person, any	2212
local political subdivision, the state, or the federal government	2213
or of contributions in-kind by such entities through the purchase	2214
or donation of equipment, land, easements, interest in land,	2215
labor, or materials necessary to complete the project.	2216

(D) The director of the Ohio public works commission shall	2217
notify the director of budget and management of the amounts	2218
allocated pursuant to this section, and that information shall be	2219
entered in the state accounting system. The director of budget	2220
and management may establish appropriate line items or other	2221
mechanisms that are needed to track the allocations.	2222

(E) Grants awarded under sections 164.20 to 164.27 of the	2223
Revised Code from the clean Ohio conservation fund shall be used	2224
by a local political subdivision or nonprofit organization only to	2225
pay the costs related to the purposes for which grants may be	2226
issued under section 164.22 of the Revised Code and shall not be	2227
used by a local political subdivision or nonprofit organization to	2228
pay any administrative costs incurred by the local political	2229
subdivision or nonprofit organization.	2230

Sec. 317.08.  Except as provided in division (F) of this	2231
section, the county recorder shall keep six separate sets of	2232
records as follows:	2233

(A) A record of deeds, in which shall be recorded all deeds	2234
and other instruments of writing for the absolute and	2235
unconditional sale or conveyance of lands, tenements, and	2236
hereditaments; all notices as provided for in sections 5301.47 to	2237
5301.56 of the Revised Code; all judgments or decrees in actions	2238
brought under section 5303.01 of the Revised Code; all	2239
declarations and bylaws as provided for in Chapter 5311. of the	2240
Revised Code; affidavits as provided for in section 5301.252 of	2241
the Revised Code; all certificates as provided for in section	2242
5311.17 of the Revised Code; all articles dedicating	2243
archaeological preserves accepted by the director of the Ohio	2244
historical society under section 149.52 of the Revised Code; all	2245
articles dedicating nature preserves accepted by the director of	2246
natural resources under section 1517.05 of the Revised Code; all	2247
agreements for the registration of lands as archaeological or	2248
historic landmarks under section 149.51 or 149.55 of the Revised	2249
Code; all conveyances of conservation easements and agricultural	2250
easements under section 5301.68 of the Revised Code; all	2251
instruments extinguishing agricultural easements under section	2252
901.21 or 5301.691 of the Revised Code or pursuant to terms of	2253
such an easement granted to a charitable organization under	2254
section 5301.68 of the Revised Code; all instruments or orders	2255
described in division (B)(1)(c)(ii) of section 5301.56 of the	2256
Revised Code; all no further action letters issued under section	2257
122.654 or 3746.11 of the Revised Code; all covenants not to sue	2258
issued under section 3746.12 of the Revised Code, including all	2259
covenants not to sue issued pursuant to section 122.654 of the	2260
Revised Code; any restrictions on the use of property contained in	2261
a no further action letter issued under section 122.654 of the	2262
Revised Code and any restrictions on the use of property	2263
identified pursuant to division (C)(3) of section 3746.10 of the	2264
Revised Code; all memoranda of trust, as described in division (A)	2265
of section 5301.255 of the Revised Code, that describe specific	2266
real property; and all agreements entered into under division (A)	2267
of section 1521.26 of the Revised Code;	2268

(B) A record of mortgages, in which shall be recorded all of	2269
the following:	2270

(1) All mortgages, including amendments, supplements,	2271
modifications, and extensions of mortgages, or other instruments	2272
of writing by which lands, tenements, or hereditaments are or may	2273
be mortgaged or otherwise conditionally sold, conveyed, affected,	2274
or encumbered;	2275

(2) All executory installment contracts for the sale of land	2276
executed after September 29, 1961, that by their terms are not	2277
required to be fully performed by one or more of the parties to	2278
them within one year of the date of the contracts;	2279

(3) All options to purchase real estate, including	2280
supplements, modifications, and amendments of the options, but no	2281
option of that nature shall be recorded if it does not state a	2282
specific day and year of expiration of its validity;	2283

(4) Any tax certificate sold under section 5721.33 of the	2284
Revised Code, or memorandum thereof, that is presented for filing	2285
of record.	2286

(C) A record of powers of attorney, including all memoranda	2287
of trust, as described in division (A) of section 5301.255 of the	2288
Revised Code, that do not describe specific real property;	2289

(D) A record of plats, in which shall be recorded all plats	2290
and maps of town lots, of the subdivision of town lots, and of	2291
other divisions or surveys of lands, any center line survey of a	2292
highway located within the county, the plat of which shall be	2293
furnished by the director of transportation or county engineer,	2294
and all drawings as provided for in Chapter 5311. of the Revised	2295
Code;	2296

(E) A record of leases, in which shall be recorded all	2297
leases, memoranda of leases, and supplements, modifications, and	2298
amendments of leases and memoranda of leases;	2299

(F) A record of declarations executed pursuant to section	2300
2133.02 of the Revised Code and durable powers of attorney for	2301
health care executed pursuant to section 1337.12 of the Revised	2302
Code.	2303

All instruments or memoranda of instruments entitled to	2304
record shall be recorded in the proper record in the order in	2305
which they are presented for record. The recorder may index,	2306
keep, and record in one volume unemployment compensation liens,	2307
internal revenue tax liens and other liens in favor of the United	2308
States as described in division (A) of section 317.09 of the	2309
Revised Code, personal tax liens, mechanic's liens, agricultural	2310
product liens, notices of liens, certificates of satisfaction or	2311
partial release of estate tax liens, discharges of recognizances,	2312
excise and franchise tax liens on corporations, broker's liens,	2313
and liens provided for in sections 1513.33, 1513.37, 3752.13,	2314
5111.021, and 5311.18 of the Revised Code.	2315

The recording of an option to purchase real estate, including	2316
any supplement, modification, and amendment of the option, under	2317
this section shall serve as notice to any purchaser of an interest	2318
in the real estate covered by the option only during the period of	2319
the validity of the option as stated in the option.	2320

(G) In lieu of keeping the six separate sets of records	2321
required in divisions (A) to (F) of this section and the records	2322
required in division (H) of this section, a county recorder may	2323
record all the instruments required to be recorded by this section	2324
in two separate sets of record books. One set shall be called the	2325
"official records" and shall contain the instruments listed in	2326
divisions (A), (B), (C), (E), (F), and (H) of this section. The	2327
second set of records shall contain the instruments listed in	2328
division (D) of this section.	2329

(H) Except as provided in division (G) of this section, the	2330
county recorder shall keep a separate set of records containing	2331
all corrupt activity lien notices filed with the recorder pursuant	2332
to section 2923.36 of the Revised Code and a separate set of	2333
records containing all medicaid fraud lien notices filed with the	2334
recorder pursuant to section 2933.75 of the Revised Code.	2335

Sec. 901.21.  (A) As used in this section and section 901.22	2336
of the Revised Code:	2337

(1) "Agricultural easement" has the same meaning as in	2338
section 5301.67 of the Revised Code.	2339

(2) "Agriculture" means those activities occurring on land	2340
devoted exclusively to agricultural use, as defined in section	2341
5713.30 of the Revised Code, or on land that constitutes a	2342
homestead.	2343

(3) "Homestead" means the portion of a farm on which is	2344
located a dwelling house, yard, or outbuildings such as a barn or	2345
garage.	2346

(B) The director of agriculture may acquire real property	2347
used predominantly in agriculture and agricultural easements by	2348
gift, devise, or bequest if, at the time an easement is granted,	2349
such easements arean easement is on land that is valued for	2350
purposes of real property taxation at its current value for	2351
agricultural use under section 5713.31 of the Revised Code when	2352
the easement is grantedor that constitutes a homestead. Any	2353
terms may be included in an agricultural easement so acquired that	2354
are necessary or appropriate to preserve on behalf of the grantor	2355
of the easement the favorable tax consequences of the gift,	2356
devise, or bequest under the "Internal Revenue Act of 1986," 100	2357
Stat. 2085, 26 U.S.C.A. 1, as amended. The director, by any such	2358
means or by purchase or lease, may acquire, or acquire the use of,	2359
stationary personal property or equipment that is located on land	2360
acquired in fee by the director under this section and that is	2361
necessary or appropriate for the use of the land predominantly in	2362
agriculture.	2363

(C) The director may do all things necessary or appropriate	2364
to retain the use of real property acquired in fee under division	2365
(B) of this section predominantly in agriculture, including,	2366
without limitation, performing any of the activities described in	2367
division (A)(1) or (2) of section 5713.30 of the Revised Code or	2368
entering into contracts to lease or rent the real property so	2369
acquired to persons or governmental entities that will use the	2370
land predominantly in agriculture.	2371

(D)(1) When the director considers it to be necessary or	2372
appropriate, the director may sell real property acquired in fee,	2373
and stationary personal property or equipment acquired by gift,	2374
devise, bequest, or purchase, under division (B) of this section	2375
on such terms as the director considers to be advantageous to this	2376
state.	2377

(2) An agricultural easement acquired under division (B) of	2378
this section may be extinguished under the circumstances	2379
prescribed, and in accordance with the terms and conditions set	2380
forth, in the instrument conveying the agricultural easement.	2381

(E) There is hereby created in the state treasury the	2382
agricultural easement purchase fund. The fund shall consist of	2383
the proceeds received from the sale of real and personal property	2384
under division (D) of this section; moneys received due to the	2385
extinguishment of agricultural easements acquired by the director	2386
under division (B) of this section or section 5301.691 of the	2387
Revised Code; moneys received due to the extinguishment of	2388
agricultural easements purchased with the assistance of matching	2389
grants made under section 901.22 of the Revised Code; gifts,	2390
bequests, devises, and contributions received by the director for	2391
the purpose of acquiring agricultural easements; and grants	2392
received from public or private sources for the purpose of	2393
purchasing agricultural easements. The fund shall be administered	2394
by the director, and moneys in the fund shall be used by the	2395
director exclusively to purchase agricultural easements under	2396
division (A) of section 5301.691 of the Revised Code and provide	2397
matching grants under section 901.22 of the Revised Code to	2398
municipal corporations, counties, townships, and charitable	2399
organizations for the purchase of agricultural easements. Money	2400
in the fund shall be used only to purchase agricultural easements	2401
on land that is valued for purposes of real property taxation at	2402
its current value for agricultural use under section 5713.31 of	2403
the Revised Code or that constitutes a homestead when the easement	2404
is purchased.	2405

(F) There is hereby created in the state treasury the clean	2406
Ohio agricultural easement fund. Twelve and one-half per cent of	2407
net proceeds of obligations issued and sold pursuant to sections	2408
151.01 and 151.09 of the Revised Code shall be deposited into the	2409
fund. The fund shall be used to pay the costs incurred by the	2410
director in administering sections 901.21 and 901.22 and the	2411
provisions of sections 5301.67 to 5301.70 of the Revised Code	2412
governing agricultural easements. Investment earnings of the fund	2413
shall be credited to the fund.	2414

(G) The term of an agricultural easement purchased wholly or	2415
in part with money from the clean Ohio agricultural easement fund	2416
or the agricultural easement purchase fund shall be perpetual and	2417
shall run with the land.	2418

Sec. 901.22.  (A) The director of agriculture, in accordance	2419
with Chapter 119. of the Revised Code, shall adopt rules that do	2420
all of the following:	2421

(1) Establish procedures and eligibility criteria for making	2422
matching grants to municipal corporations, counties, townships,	2423
and charitable organizations described in division (B) of section	2424
5301.69 of the Revised Code for the purchase of agricultural	2425
easements;. With respect to agricultural easements that are	2426
purchased or proposed to be purchased with such matching grants	2427
that consist in whole or in part of moneys from the clean Ohio	2428
agricultural easement fund created in section 901.21 of the	2429
Revised Code, the rules shall establish all of the following:	2430

(a) Procedures for all of the following:

2431

(i) Soliciting and accepting applications for matching	2432
grants;	2433

(ii) Participation by local governments and by the public	2434
in the process of making matching grants to charitable	2435
organizations;	2436

(iii) Notifying local governments, charitable	2437
organizations, and organizations that represent the interests of	2438
farmers of the ranking system established in rules adopted under	2439
division (A)(1)(b) of this section.	2440

(b) A ranking system for applications for the matching	2441
grants that is based on the soil type, proximity of the land or	2442
other land that is conducive to agriculture as defined by rules	2443
adopted under this section and that is the subject of an	2444
application to other agricultural land or other land that is	2445
conducive to agriculture as defined by rules adopted under this	2446
section and that is already or is in the process of becoming	2447
permanently protected from development, farm stewardship,	2448
development pressure, and, if applicable, a local comprehensive	2449
land use plan involved with a proposed agricultural easement. The	2450
rules shall require that preference be given to proposed	2451
agricultural easements that involve the greatest proportion of all	2452
of the following:	2453

(i) Prime soils, unique or locally important soils,	2454
microclimates, or similar features;	2455

(ii) Land that is adjacent to or that is in close	2456
proximity to other agricultural land or other land that is	2457
conducive to agriculture as defined by rules adopted under this	2458
section and that is already or is in the process of becoming	2459
permanently protected from development, by agricultural easement	2460
or otherwise, so that a buffer would exist between the land	2461
involving the proposed agricultural easement and areas that have	2462
been developed or likely will be developed for purposes other than	2463
agriculture;	2464

(iii) The use of best management practices, including	2465
federally or state approved conservation plans, and a history of	2466
substantial compliance with applicable federal and state laws;	2467

(iv) Development pressure that is imminent, but not a	2468
result of current location in the direct path of urban	2469
development;	2470

(v) Areas identified for agricultural protection in local	2471
comprehensive land use plans.	2472

(c) Any other criteria that the director determines are	2473
necessary for selecting applications for matching grants;	2474

(d) Requirements regarding the information that must be	2475
included in the annual monitoring report that must be prepared for	2476
an agricultural easement under division (D)(2) of section 5301.691	2477
of the Revised Code, procedures for submitting a copy of the	2478
report to the office of farmland preservation in the department of	2479
agriculture, and requirements and procedures governing corrective	2480
actions that may be necessary to enforce the terms of the	2481
agricultural easement.	2482

(2) Establish provisions that shall be included in the	2483
instrument conveying to a municipal corporation, county, township,	2484
or charitable organization any agricultural easement purchased	2485
with matching grant funds provided by the director under this	2486
section, including, without limitation, all of the following	2487
provisions:	2488

(a) A provision stating that an easement so purchased may be	2489
extinguished only if an unexpected change in the conditions of or	2490
surrounding the land that is subject to the easement makes	2491
impossible or impractical the continued use of the land for the	2492
purposes described in the easement, or if the requirements of the	2493
easement are extinguished by judicial proceedings;	2494

(b) A provision requiring that, upon the sale, exchange, or	2495
involuntary conversion of the land subject to the easement, the	2496
holder of the easement shall be paid an amount of money that is at	2497
least equal to the proportionate value of the easement compared to	2498
the total value of the land at the time the easement was acquired;	2499

(c) A provision requiring that, upon receipt of the portion	2500
of the proceeds of a sale, exchange, or involuntary conversion	2501
described in division (A)(2)(b) of this section, the municipal	2502
corporation, county, township, or charitable organization remit to	2503
the director an amount of money equal to the percentage of the	2504
cost of purchasing the easement it received as a matching grant	2505
under this section.	2506

Moneys received by the director pursuant to rules adopted	2507
under division (A)(2)(c) of this section shall be credited to the	2508
agricultural easement purchase fund created in section 901.21 of	2509
the Revised Code.	2510

(3) AnyEstablish a provision that provides a charitable	2511
organization described in division (B) of section 5301.69 of the	2512
Revised Code, municipal corporation, township, or county with the	2513
option of purchasing agricultural easements either in installments	2514
or with a lump sum payment. The rules shall include a requirement	2515
that a charitable organization, municipal corporation, township,	2516
or county negotiate with the seller of the agricultural easement	2517
concerning any installment payment terms, including the dates and	2518
amounts of payments and the interest rate on the outstanding	2519
balance. The rules also shall require the director to approve any	2520
method of payment that is undertaken in accordance with the rules	2521
adopted under division (A)(3) of this section.	2522

(4) Establish any other requirements that the director	2523
considers to be necessary or appropriate to implement or	2524
administer a program to make matching grants under this section	2525
and monitor those grants.	2526

(B) The director may develop guidelines regarding the	2527
acquisition of agricultural easements by the department of	2528
agriculture and the provisions of instruments conveying those	2529
easements. The director may make the guidelines available to	2530
public and private entities authorized to acquire and hold	2531
agricultural easements.	2532

(C) The director may provide technical assistance in	2533
developing a program for the acquisition and monitoring of	2534
agricultural easements to public and private entities authorized	2535
to hold agricultural easements. The technical assistance may	2536
include, without limitation, reviewing and providing advisory	2537
recommendations regarding draft instruments conveying agricultural	2538
easements.	2539

(D) The director may make matching grants from the	2540
agricultural easementseasement purchase fund created in section	2541
901.21 of the Revised Codeand the clean Ohio agricultural	2542
easement fund to municipal corporations, counties, townships, and	2543
charitable organizations described in division (B) of section	2544
5301.69 of the Revised Code, to assist those political	2545
subdivisions and charitable organizations in purchasing	2546
agricultural easements. Application for a matching grant shall be	2547
made on forms prescribed and provided by the director. The	2548
matching grants shall be made in compliance with the criteria and	2549
procedures established in rules adopted under this section.	2550
Instruments conveying agricultural easements purchased with	2551
matching grant funds provided under this section, at a minimum,	2552
shall include the mandatory provisions set forth in those rules.	2553

Matching grants made under this division using moneys from	2554
the clean Ohio agricultural easement fund created in section	2555
901.21 of the Revised Code may provide up to seventy-five per cent	2556
of the value of an agricultural easement as determined by a	2557
general real estate appraiser who is certified under Chapter 4763.	2558
of the Revised Code. Not less than twenty-five per cent of the	2559
value of the agricultural easement shall be provided by the	2560
recipient of the matching grant or donated by the person who is	2561
transferring the easement to the grant recipient. The amount of	2562
such a matching grant used for the purchase of a single	2563
agricultural easement shall not exceed one million dollars.	2564

(E)(1) The director shall monitor and evaluate the	2565
effectiveness and efficiency of the agricultural easement program	2566
as a farmland preservation tool. On or before July 1, 1999, and	2567
the first day of July of each year thereafter, the director shall	2568
prepare and submit a report to the chairpersons of the standing	2569
committees of the senate and the house of representatives that	2570
consider legislation regarding agriculture. The report shall	2571
consider and address the following criteria to determine the	2572
program's effectiveness:	2573

(a) The number of agricultural easements purchased during	2574
the preceding year;	2575

(b) The location of those easements;

2576

(c) The number of acres of land preserved for agricultural	2577
use;	2578

(d) The amount of money used by a municipal corporation,	2579
township, or county from its general fund or special fund to	2580
purchase the agricultural easements;	2581

(e) The number of state matching grants given to purchase	2582
the agricultural easements;	2583

(f) The amount of state matching grant moneys used to	2584
purchase the agricultural easements.	2585

(2) The report also shall consider and include, at a	2586
minimum, the following information for each county to determine	2587
the program's efficiency:	2588

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

2589

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

2590

(c) The total number of acres preserved for agricultural use	2591
in the preceding year;	2592

(d) The average cost, per acre, of land preserved for	2593
agricultural use in the preceding year.	2594

Sec. 901.23. (A) There is hereby created the farmland	2595
preservation advisory board consisting of twelve voting members.	2596
Not later than sixty days after the effective date of this	2597
section, the director of agriculture shall appoint all of the	2598
following members to the board:	2599

(1) One member who is a county commissioner or a	2600
representative of a statewide organization that represents county	2601
commissioners;	2602

(2) One member who is a township trustee or a	2603
representative of a statewide organization that represents	2604
township trustees;	2605

(3) One representative of the Ohio state university;

2606

(4) One representative of a national nonprofit organization	2607
dedicated to the preservation of farmland;	2608

(5) One representative of the natural resources	2609
conservation service in the United States department of	2610
agriculture;	2611

(6) One representative each of development, environmental,	2612
and planning interests;	2613

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

2614

Of the initial appointments to the board, four shall serve	2615
for a one-year term, four shall serve for a two-year term, and	2616
four shall serve for a three-year term. Thereafter, terms of	2617
office shall be for three years, with each term ending on the same	2618
day of the same month as did the term that it succeeds. Each	2619
member shall hold office from the date of appointment until the	2620
end of the term for which the member was appointed, except that	2621
the term of any member who is a county commissioner or township	2622
trustee shall end when the member ceases to serve as a county	2623
commissioner or township trustee.	2624

Members may be reappointed. Vacancies shall be filled in	2625
the manner provided for original appointments. Any member	2626
appointed to fill a vacancy occurring prior to the expiration date	2627
of the term for which the member was appointed shall serve for the	2628
remainder of that term. A member shall continue to serve	2629
subsequent to the expiration date of the member's term until the	2630
member's successor takes office or until a period of sixty days	2631
has elapsed, whichever occurs first. Members shall serve at the	2632
pleasure of the director.	2633

The executive director of the office of farmland	2634
preservation in the department of agriculture or another employee	2635
of the department who is designated by the director shall serve as	2636
the nonvoting chairperson of the board. The director annually	2637
shall designate one member of the board to serve as its	2638
vice-chairperson. The board may adopt bylaws governing its	2639
operation and shall meet at a time when the director, or the	2640
director's designee, considers it appropriate in order for the	2641
board to provide advice as required under division (B) of this	2642
section.	2643

(B) The board shall provide advice to the director	2644
regarding all of the following:	2645

(1) The design and implementation of an agricultural	2646
easement purchase program;	2647

(2) The selection of applications that will be awarded	2648
matching grants under division (D) of section 901.22 of the	2649
Revised Code for the purchase of agricultural easements;	2650

(3) The design and implementation of any other statewide	2651
farmland protection measures that the director considers	2652
appropriate.	2653

(C) Serving as a member of the board does not constitute	2654
holding a public office or position of employment under the laws	2655
of this state and does not constitute grounds for removal of	2656
public officers or employees from their offices or positions of	2657
employment.	2658

(D) A board member shall be reimbursed for actual and	2659
necessary expenses incurred in the discharge of duties as a board	2660
member.	2661

Sec. 1519.05. (A) As used in this section, "local political	2662
subdivision" and "nonprofit organization" have the same meanings	2663
as in section 164.20 of the Revised Code.	2664

(B) There is hereby created in the state treasury the clean	2665
Ohio trail fund. Twelve and one-half per cent of the net proceeds	2666
of obligations issued and sold pursuant to sections 151.01 and	2667
151.09 of the Revised Code shall be deposited into the fund.	2668

Investment earnings of the fund shall be credited to the	2669
fund. Investment earnings credited to the fund may be used to pay	2670
costs incurred by the director of natural resources in	2671
administering this section.	2672

Money in the clean Ohio trail fund shall not be used for the	2673
appropriation of land, rights, rights-of-way, franchises,	2674
easements, or other property through the exercise of the right of	2675
eminent domain.	2676

The director shall use moneys in the fund exclusively to	2677
provide matching grants to nonprofit organizations and to local	2678
political subdivisions for the purposes of purchasing land or	2679
interests in land for recreational trails and for the construction	2680
of such trails. A matching grant may provide up to seventy-five	2681
per cent of the cost of a recreational trail project, and the	2682
recipient of the matching grant shall provide not less than	2683
twenty-five per cent of that cost.	2684

(C) The director shall establish policies for the purposes	2685
of this section. The policies shall establish all of the	2686
following:	2687

(1) Procedures for providing matching grants to nonprofit	2688
organizations and local political subdivisions for the purposes of	2689
purchasing land or interests in land for recreational trails and	2690
for the construction of such trails, including, without	2691
limitation, procedures for both of the following:	2692

(a) Developing a grant application form and soliciting,	2693
accepting, and approving grant applications;	2694

(b) Participation by nonprofit organizations and local	2695
political subdivisions in the application process.	2696

(2) A requirement that an application for a matching grant	2697
for a recreational trail project include a copy of a resolution	2698
supporting the project from each county in which the proposed	2699
project is to be conducted and all of the following as applicable:	2700

(a) If the proposed project is to be conducted wholly	2701
within the geographical boundaries of one township, a copy of a	2702
resolution supporting the project from the township;	2703

(b) If the proposed project is to be conducted wholly	2704
within the geographical boundaries of one municipal corporation, a	2705
copy of a resolution supporting the project from the municipal	2706
corporation;	2707

(c) If the proposed project is to be conducted in more than	2708
one, but fewer than five townships or municipal corporations, a	2709
copy of a resolution supporting the project from at least one-half	2710
of the total number of townships and municipal corporations in	2711
which the proposed project is to be conducted;	2712

(d) If the proposed project is to be conducted in five or	2713
more municipal corporations, a copy of a resolution supporting the	2714
project from at least three-fifths of the total number of	2715
townships and municipal corporations in which the proposed project	2716
is to be conducted.	2717

(3) Eligibility criteria that must be satisfied by an	2718
applicant in order to receive a matching grant and that emphasize	2719
the following:	2720

(a) Synchronization with the statewide trail plan;

2721

(b) Complete regional systems and links to the statewide	2722
trail system;	2723

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

2724

(d) The provision of links in urban areas that support	2725
commuter access and show economic impact on local communities;	2726

(e) The linkage of population centers with public outdoor	2727
recreation areas and facilities;	2728

(f) The purchase of rail lines that are linked to the	2729
statewide trail plan;	2730

(g) The preservation of natural corridors.

2731

(4) Items of value, such as in-kind contributions of land,	2732
easements or other interests in land, labor, or materials, that	2733
may be considered as contributing toward the percentage of the	2734
cost of a recreational trails project that must be provided by a	2735
matching grant recipient. The rules shall prohibit state money	2736
from being considered as contributing toward that percentage,	2737
except that grants awarded by the governor's office of Appalachian	2738
Ohio created under section 107.21 of the Revised Code may be	2739
considered as contributing toward that percentage.	2740

Sec. 1519.06. (A) There is hereby created the clean Ohio	2741
trail advisory board consisting of nine voting members. Not later	2742
than sixty days after the effective date of this section, the	2743
director of natural resources shall appoint all of the following	2744
members to the board:	2745

(1) One member who is a county commissioner and who is	2746
recommended by a statewide organization that represents county	2747
commissioners;	2748

(2) One member who is a township trustee and who is	2749
recommended by a statewide organization that represents township	2750
trustees;	2751

(3) One member who is a member of the legislative authority	2752
of a municipal corporation and who is recommended by a statewide	2753
organization that represents municipal corporations;	2754

(4) Three representatives of statewide nonprofit	2755
organizations dedicated to the creation of recreational trails;	2756

(5) One representative each of development, environmental,	2757
and planning interests.	2758

Of the initial appointments to the board, three shall serve	2759
for a one-year term, three shall serve for a two-year term, and	2760
three shall serve for a three-year term. Thereafter, terms of	2761
office shall be for three years, with each term ending on the same	2762
day of the same month as did the term that it succeeds. Each	2763
member shall hold office from the date of appointment until the	2764
end of the term for which the member was appointed, except that	2765
the term of any member who is a county commissioner, a township	2766
trustee, or a member of the legislative authority of a municipal	2767
corporation shall end when the member ceases to serve as a county	2768
commissioner, a township trustee, or a member of the legislative	2769
authority of a municipal corporation.	2770

Members may be reappointed. Vacancies shall be filled in	2771
the manner provided for original appointments. Any member	2772
appointed to fill a vacancy occurring prior to the expiration date	2773
of the term for which the member was appointed shall serve for the	2774
remainder of that term. A member shall continue to serve	2775
subsequent to the expiration date of the member's term until the	2776
member's successor takes office or until a period of sixty days	2777
has elapsed, whichever occurs first. Members shall serve at the	2778
pleasure of the director.	2779

The director or another employee who is designated by the	2780
director shall serve as the nonvoting chairperson of the board.	2781
The director annually shall designate one member of the board to	2782
serve as its vice-chairperson. The board may adopt bylaws	2783
governing its operation and shall meet at a time when the	2784
director, or the director's designee, considers it appropriate in	2785
order for the board to provide advice as required under division	2786
(B) of this section.	2787

(B) The board shall provide advice to the director	2788
regarding the selection of applications that will be awarded	2789
matching grants under section 1519.05 of the Revised Code.	2790

(C) Serving as a member of the board does not constitute	2791
holding a public office or position of employment under the laws	2792
of this state and does not constitute grounds for removal of	2793
public officers or employees from their offices or positions of	2794
employment.	2795

(D) A board member shall be reimbursed for actual and	2796
necessary expenses incurred in the discharge of duties as a board	2797
member.	2798

Sec. 3745.40. (A) There is hereby created the clean Ohio	2799
operating fund consisting of moneys credited to the fund in	2800
accordance with this section. The fund shall be used to pay the	2801
costs incurred by the director of environmental protection	2802
pursuant to sections 122.65 to 122.658 of the Revised Code.	2803
Investment earnings of the fund shall be credited to the fund.	2804

(B) Notwithstanding section 3746.16 of the Revised Code,	2805
upon the request of the director of environmental protection, the	2806
director of development shall certify to the director of budget	2807
and management the amount of excess investment earnings that are	2808
available to be transferred from the clean Ohio revitalization	2809
fund created in section 122.658 of the Revised Code to the clean	2810
Ohio operating fund. Upon certification, the director of budget	2811
and management may transfer from the clean Ohio revitalization	2812
fund to the clean Ohio operating fund an amount not exceeding the	2813
amount of the annual appropriation to the clean Ohio operating	2814
fund.	2815

Sec. 3746.13.  (A) For property that does not involve the	2816
issuance of a consolidated standards permit under section 3746.15	2817
of the Revised Code and where no engineering or institutional	2818
controls are used to comply with applicable standards, the	2819
director of environmental protection shall issue a covenant not to	2820
sue pursuant to section 3746.12 of the Revised Code by issuance of	2821
an order as a final action under Chapter 3745. of the Revised Code	2822
within thirty days after the director receives the no further	2823
action letter for the property and accompanying verification from	2824
the certified professional who prepared the letter under section	2825
3746.11 of the Revised Code.	2826

(B) For property that involves the issuance of a	2827
consolidated standards permit under section 3746.15 of the Revised	2828
Code or where engineering or institutional controls are used to	2829
comply with applicable standards, the director shall issue a	2830
covenant not to sue by issuance of an order as a final action	2831
under Chapter 3745. of the Revised Code within ninety days after	2832
the director receives the no further action letter for the	2833
property and accompanying verification from the certified	2834
professional who prepared the letter.	2835

(C) EachExcept as provided in division (D) of this section,	2836
each person who is issued a covenant not to sue under this section	2837
shall pay the fee established pursuant to rules adopted under	2838
division (B)(8) of section 3746.04 of the Revised Code. Until	2839
those rules become effective, each person who is issued a covenant	2840
not to sue shall pay a fee of two thousand dollars. The fee shall	2841
be paid to the director at the time that the no further action	2842
letter and accompanying verification are submitted to himthe	2843
director.	2844

(D) An applicant, as defined in section 122.65 of the Revised	2845
Code, who has entered into an agreement under section 122.653 of	2846
the Revised Code and who is issued a covenant not to sue under	2847
this section shall not be required to pay the fee established in	2848
rules adopted under division (B)(8) of section 3746.04 of the	2849
Revised Code.	2850

Sec. 5301.67.  As used in sections 5301.67 to 5301.70 of the	2851
Revised Code:	2852

(A) "Conservation easement" means an incorporeal right or	2853
interest in land that is held for the public purpose of retaining	2854
land, water, or wetland areas predominantly in their natural,	2855
scenic, open, or wooded condition, including, without limitation,	2856
the use of land in agriculture when consistent with and in	2857
furtherance of the purpose of retaining those areas in such a	2858
condition, or retaining their use predominantly as suitable	2859
habitat for fish, plants, or wildlife; that imposes any	2860
limitations on the use or development of the areas that are	2861
appropriate at the time of creation of the conservation easement	2862
to achieve one or more of those purposes; and that includes	2863
appropriate provisions for the holder to enter the property	2864
subject to the easement at reasonable times to ensure compliance	2865
with its provisions.	2866

(B) "Agriculture" means those activities occurring on land	2867
devoted exclusively to agricultural use, as defined in section	2868
5713.30 of the Revised Code, or on land that constitutes a	2869
homestead.	2870

(C) "Agricultural easement" means an incorporeal right or	2871
interest in land that is held for the public purpose of retaining	2872
the use of land predominantly in agriculture; that imposes any	2873
limitations on the use or development of the land that are	2874
appropriate at the time of creation of the easement to achieve	2875
that purpose; that is in the form of articles of dedication,	2876
easement, covenant, restriction, or condition; and that includes	2877
appropriate provisions for the holder to enter the property	2878
subject to the easement at reasonable times to ensure compliance	2879
with its provisions.	2880

(D) "Homestead" means the portion of a farm on which is	2881
located a dwelling house, yard, or outbuildings such as a barn or	2882
garage.	2883

Sec. 5301.68.  An owner of land may grant a conservation	2884
easement to the department of natural resources, a park district	2885
created under Chapter 1545. of the Revised Code, a township park	2886
district created under section 511.18 of the Revised Code, a	2887
conservancy district created under Chapter 6101. of the Revised	2888
Code, a soil and water conservation district created under Chapter	2889
1515. of the Revised Code, a county, a township, a municipal	2890
corporation, or a charitable organization that is authorized to	2891
hold conservation easements by division (B) of section 5301.69 of	2892
the Revised Code, in the form of articles of dedication, easement,	2893
covenant, restriction, or condition. An owner of land also may	2894
grant an agricultural easement to the director of agriculture; to	2895
a municipal corporation, county, or township; or to a charitable	2896
organization described in division (B) of section 5301.69 of the	2897
Revised Code. An owner of land may grant an agricultural easement	2898
only on land that is valued for purposes of real property taxation	2899
at its current value for agricultural use under section 5713.31 of	2900
the Revised Code or that constitutes a homestead when the easement	2901
is granted.	2902

All conservation easements and agricultural easements shall	2903
be executed and recorded in the same manner as other instruments	2904
conveying interests in land.	2905

Sec. 5301.69.  (A) The director of natural resources, the	2906
board of park commissioners of a park district created under	2907
Chapter 1545. of the Revised Code, the board of park commissioners	2908
of a township park district created under section 511.18 of the	2909
Revised Code, the board of directors of a conservancy district	2910
created under Chapter 6101. of the Revised Code, the board of	2911
supervisors of a soil and water conservation district created	2912
under Chapter 1515. of the Revised Code, the board of county	2913
commissioners of a county, the board of township trustees of a	2914
township, or the legislative authority of a municipal corporation	2915
may acquire conservation easements in the name of the state, the	2916
district, or the county, township, or municipal corporation in the	2917
same manner as other interests in land may be acquired under	2918
section 307.02, 307.18, 505.10, 505.261, 511.23, 717.01, 1501.01,	2919
1515.08, 1545.11, or 6101.15 of the Revised Code. Each officer,	2920
board, or authority acquiring a conservation easement shall name	2921
an appropriate administrative officer, department, or division to	2922
supervise and enforce the easement.	2923

(B) A charitable organization may acquire and hold	2924
conservation easements if it is exempt from federal taxation under	2925
subsection 501(a) and is described in subsection 501(c) of the	2926
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as	2927
amended, and organized for any of the following purposes: the	2928
preservation of land areas for public outdoor recreation or	2929
education, or scenic enjoyment; the preservation of historically	2930
important land areas or structures; or the protection of natural	2931
environmental systems. Such a charitable organization also may	2932
acquire and hold agricultural easements subject to the limitation	2933
that it may do so only on land that is valued for purposes of real	2934
property taxation at its current value for agricultural use under	2935
section 5713.31 of the Revised Code or that constitutes a	2936
homestead when the easement is granted.	2937

Sec. 5301.691.  (A)(1) Subject to divisions (A)(2) and (E)	2938
of this section, the director of agriculture, with moneys credited	2939
to the agricultural easement purchase fund created in section	2940
901.21 of the Revised Code, may purchase agricultural easements in	2941
the name of the state.	2942

(2) Not less than thirty days prior to the acquisition of an	2943
agricultural easement under division (A)(1) of this section or the	2944
extinguishment of such an easement purchased under that division,	2945
the director shall provide written notice of the intention to do	2946
so to the board of county commissioners of the county in which the	2947
land that is or is proposed to be subject to the easement or	2948
extinguishment is located, and either to the legislative authority	2949
of the municipal corporation in which the land is located, if it	2950
is located in an incorporated area, or to the board of township	2951
trustees of the township in which the land is located, if it is	2952
located in an unincorporated area. If, within thirty days after	2953
the director provides the notice, the board of county	2954
commissioners, legislative authority, or board of township	2955
trustees requests an informational meeting with the director	2956
regarding the proposed acquisition or extinguishment, the director	2957
shall meet with the legislative authority or board to respond to	2958
the board's or authority's questions and concerns. If a meeting	2959
is timely requested under division (A)(2) of this section, the	2960
director shall not undertake the proposed acquisition or	2961
extinguishment until after the meeting has been concluded.	2962

The director, upon the director's own initiative and prior to	2963
the purchase of an agricultural easement under division (A)(1) of	2964
this section or the extinguishment of such an easement, may hold	2965
an informational meeting with the board of county commissioners	2966
and the legislative authority of the municipal corporation or	2967
board of township trustees in which land that would be affected by	2968
the proposed acquisition or extinguishment is located, to respond	2969
to any questions and concerns of the board or authority regarding	2970
the proposed acquisition or extinguishment.	2971

(B)(1) Subject to division (E) of this section, the	2972
legislative authority of a municipal corporation, board of county	2973
commissioners of a county, or board of trustees of a township,	2974
with moneys in the political subdivision's general fund not	2975
required by law or charter to be used for other specified purposes	2976
or with moneys in a special fund of the political subdivision to	2977
be used for the purchase of agricultural easements, may purchase	2978
agricultural easements in the name of the municipal corporation,	2979
county, or township.	2980

(2) Subject to division (E) of this section, the legislative	2981
authority of a municipal corporation, board of county	2982
commissioners of a county, or board of township trustees of a	2983
township may acquire agricultural easements by gift, devise, or	2984
bequest. Any terms may be included in an agricultural easement so	2985
acquired that are necessary or appropriate to preserve on behalf	2986
of the grantor of the easement the favorable tax consequences of	2987
the gift, devise, or bequest under the "Internal Revenue Act of	2988
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	2989

(C)(1) The term of an agricultural easement purchased wholly	2990
or in part with money from the agricultural easement purchase fund	2991
shall be perpetual and shall run with the land.	2992

(2) The term of an agricultural easement purchased by such a	2993
legislative authority or board without the use of any money from	2994
the agricultural easement purchase fund may be perpetual or for a	2995
specified period. The agricultural easement shall run with the	2996
land. The instrument conveying an agricultural easement for a	2997
specified period shall include provisions specifying, at a	2998
minimum, all of the following:	2999

(a) The consideration to be paid for the easement and manner	3000
of payment;	3001

(b) Whether the easement is renewable and, if so, procedures	3002
for its renewal;	3003

(c) The circumstances under which the easement may be	3004
extinguished;	3005

(d) The method for determining the amount of money, if any,	3006
due the holder of the easement upon extinguishment and for payment	3007
of that amount to the holder.	3008

(D)(1) The director and each legislative authority of a	3009
municipal corporation, board of county commissioners, or board of	3010
township trustees, upon acquiring an agricultural easement by	3011
purchase, gift, devise, or bequest under this section or section	3012
901.21 of the Revised Code, shall name an appropriate	3013
administrative officer, department, or division to supervise and	3014
enforce the easement. A legislative authority or board may enter	3015
into a contract with the board of park commissioners of a park	3016
district established under Chapter 1545. of the Revised Code, the	3017
board of park commissioners of a township park district	3018
established under section 511.18 of the Revised Code, or the board	3019
of supervisors of a soil and water conservation district	3020
established under Chapter 1515. of the Revised Code having	3021
territorial jurisdiction within the municipal corporation, county,	3022
or township, or with a charitable organization described in	3023
division (B) of section 5301.69 of the Revised Code, to supervise	3024
on behalf of the legislative authority or board an agricultural	3025
easement so acquired. The contract may be entered into on such	3026
terms as are agreeable to the parties and shall specify or	3027
prescribe a method for determining the amounts of any payments to	3028
be made by the legislative authority or board of county	3029
commissioners or township trustees for the performance of the	3030
contract.	3031

(2) With respect to an agricultural easement purchased with	3032
a matching grant that is made under division (D) of section 901.22	3033
of the Revised Code and that consists in whole or in part of	3034
moneys from the clean Ohio agricultural easement fund created in	3035
section 901.21 of the Revised Code, the recipient of the matching	3036
grant shall make an annual monitoring visit to the land that is	3037
the subject of the easement. The purpose of the visit is to	3038
ensure that no development that is prohibited by the terms of the	3039
easement has occurred or is occurring. In accordance with rules	3040
adopted under division (A)(1)(d) of section 901.22 of the Revised	3041
Code, the grant recipient shall prepare a written annual	3042
monitoring report and submit it to the office of farmland	3043
preservation in the department of agriculture. If necessary to	3044
enforce the terms of the easement, the grant recipient shall take	3045
corrective action in accordance with those rules.	3046

(E) The director; a municipal corporation, county, or	3047
township; or a charitable organization described in division (B)	3048
of section 5301.69 of the Revised Code, may acquire agricultural	3049
easements by purchase, gift, devise, or bequest only on land that	3050
is valued for purposes of real property taxation at its current	3051
value for agricultural use under section 5713.31 of the Revised	3052
Code or that constitutes a homestead when the easement is granted.	3053

(F) An agricultural easement acquired by the director under	3054
division (A) of this section may be extinguished if an unexpected	3055
change in the conditions of or surrounding the land that is	3056
subject to the easement makes impossible or impractical the	3057
continued use of the land for the purposes described in the	3058
agricultural easement, or if the requirements of the easement are	3059
extinguished by judicial proceedings. Upon the sale, exchange, or	3060
involuntary conversion of the land subject to the easement, the	3061
director shall be paid an amount of money that is at least equal	3062
to the proportionate value of the easement compared to the total	3063
value of the land at the time the easement was acquired. Moneys	3064
so received shall be credited to the agricultural easement	3065
purchase fund created in section 901.21 of the Revised Code.	3066

An agricultural easement acquired by a municipal corporation,	3067
county, or township under division (B) of this section may be	3068
extinguished under the circumstances prescribed, and in accordance	3069
with the terms and conditions set forth, in the instrument	3070
conveying the agricultural easement. An agricultural easement	3071
acquired by a charitable organization described in division (B) of	3072
section 5301.69 of the Revised Code may be extinguished under the	3073
circumstances prescribed, and in accordance with the terms and	3074
conditions set forth, in the instrument conveying the agricultural	3075
easement.	3076

Any instrument extinguishing an agricultural easement shall	3077
be executed and recorded in the same manner as other instruments	3078
conveying or terminating interests in real property.	3079

(G) Promptly after the recording and indexing of an	3080
instrument conveying an agricultural easement to any person or to	3081
a municipal corporation, county, or township or of an instrument	3082
extinguishing an agricultural easement held by any person or such	3083
a political subdivision, the county recorder shall mail, by	3084
regular mail, a photocopy of the instrument to the office of	3085
farmland preservation in the department of agriculture. The	3086
photocopy shall be accompanied by an invoice for the applicable	3087
fee established in section 317.32 of the Revised Code. Promptly	3088
after receiving the photocopy and invoice, the office of farmland	3089
preservation shall remit the fee to the county recorder.	3090

(H) The director, the legislative authority of a municipal	3091
corporation, a board of county commissioners, or a board of	3092
township trustees may receive and expend grants from any public or	3093
private source for the purpose of purchasing agricultural	3094
easements and supervising and enforcing them.	3095

Section 2. That existing sections 126.11, 151.01, 164.02,	3096
317.08, 901.21, 901.22, 3746.13, 5301.67, 5301.68, 5301.69, and	3097
5301.691 of the Revised Code are hereby repealed.	3098

Section 3. The Ohio Public Facilities Commission, upon	3099
request by the Ohio Public Works Commission, is hereby authorized	3100
to issue and sell, in accordance with Section 2o of Article VIII,	3101
Ohio Constitution, and sections 151.01 and 151.09 of the Revised	3102
Code, original obligations of the State of Ohio, in an aggregate	3103
principal amount not to exceed $50,000,000. These authorized	3104
obligations shall be issued and sold from time to time and in	3105
amounts necessary to ensure sufficient moneys to the credit of the	3106
Clean Ohio Conservation Fund (Fund 056) to pay costs charged to	3107
that fund, as estimated by the Director of Budget and Management.	3108

Section 4. All items in this section are hereby appropriated	3109
as designated out of any moneys in the state treasury to the	3110
credit of the Clean Ohio Conservation Fund (Fund 056). The	3111
appropriations made in this act are in addition to any other	3112
capital appropriations made for the 2000-2002 biennium.	3113

PWC PUBLIC WORKS COMMISSION

3114

Clean Ohio Conservation Fund

3115

CLEAN OHIO CONSERVATION

3119

The foregoing appropriation item CAP-152, Clean Ohio	3120
Conservation, shall be used in accordance with sections 164.20 to	3121
164.27 of the Revised Code. The Director of the Public Works	3122
Commission may certify to the Director of Budget and Management	3123
that a need exists to appropriate investment earnings to be used	3124
in accordance with sections 164.20 to 164.27 of the Revised Code.	3125
If the Director of Budget and Management determines pursuant to	3126
sections 164.12 and 164.27 of the Revised Code that investment	3127
earnings are available to support additional appropriations, such	3128
amounts are hereby appropriated.	3129

Within the limits set forth in this act, the Director of	3130
Budget and Management shall establish accounts indicating source	3131
and amount of funds for each appropriation made in this act, and	3132
shall determine the form and manner in which appropriation	3133
accounts shall be maintained. Expenditures from appropriations	3134
contained in this act shall be accounted for as though made in Am.	3135
Sub. H.B. 640 of the 123rd General Assembly.	3136

The appropriations made in this act are subject to all	3137
provisions of Am. Sub. H.B. 640 of the 123rd General Assembly that	3138
are general applicable to such appropriations.	3139

Section 5. All items in this section are hereby appropriated	3140
as designated out of any moneys in the state treasury to the	3141
credit of the Clean Ohio Conservation Fund (Fund 056). For all	3142
appropriations made in this act, those in the first column are for	3143
fiscal year 2002 and those in the second column are for fiscal	3144
year 2003. The appropriations made in this act are in addition to	3145
any other appropriations made for the 2001-2003 biennium.	3146

PWC PUBLIC WORKS COMMISSION

3147

Clean Ohio Conservation Fund

3148

OPERATING EXPENSES

3152

The foregoing appropriation item 150-403, Operating Expenses,	3153
shall be used by the Ohio Public Works Commission in administering	3154
sections 164.20 to 164.27 of the Revised Code.	3155

Within the limits set forth in this act, the Director of	3156
Budget and Management shall establish accounts indicating source	3157
and amount of funds for each appropriation made in this act, and	3158
shall determine the form and manner in which appropriation	3159
accounts shall be maintained. Expenditures from appropriations	3160
contained in this act shall be accounted for as though made in Am.	3161
Sub. H.B. 94 of the 124th General Assembly.	3162

The appropriations made in this act are subject to all	3163
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that	3164
are generally applicable to such appropriations.	3165

Section 6. All items in this section are hereby appropriated	3166
as designated out of any moneys in the state treasury to the	3167
credit of the Clean Ohio Trail Fund (Fund 058). The appropriations	3168
made in this act are in addition to any other capital	3169
appropriations made for the 2000-2002 biennium.	3170

DNR DEPARTMENT OF NATURAL RESOURCES

3171

Clean Ohio Trail Fund

3172

CLEAN OHIO TRAIL

3176

The foregoing appropriation item CAP-014, Clean Ohio Trail,	3177
shall be used in accordance with section 1519.05 of the Revised	3178
Code. The Director of the Department of Natural Resources may	3179
certify to the Director of Budget and Management that a need	3180
exists to appropriate investment earnings to be used in accordance	3181
with section 1519.05 of the Revised Code. If the Director of	3182
Budget and Management determines pursuant to section 1519.05 of	3183
the Revised Code that investment earnings are available to support	3184
additional appropriations, such amounts are hereby appropriated.	3185

Within the limits set forth in this act, the Director of	3186
Budget and Management shall establish accounts indicating source	3187
and amount of funds for each appropriation made in this act, and	3188
shall determine the form and manner in which appropriation	3189
accounts shall be maintained. Expenditures from appropriations	3190
contained in this act shall be accounted for as though made in Am.	3191
Sub. H.B. 640 of the 123rd General Assembly.	3192

The appropriations made in this act are subject to all	3193
provisions of Am. Sub. H.B. 640 of the 123rd General Assembly that	3194
are generally applicable to such appropriations.	3195

Section 7. All items in this section are hereby appropriated	3196
as designated out of any moneys in the state treasury to the	3197
credit of the Clean Ohio Trail Fund (Fund 058). For all	3198
appropriations made in this act, those in the first column are for	3199
fiscal year 2002 and those in the second column are for fiscal	3200
year 2003. The appropriations made in this act are in addition to	3201
any other appropriations made for the 2001-2003 biennium.	3202

DNR DEPARTMENT OF NATURAL RESOURCES

3203

Clean Ohio Trail Fund

3204

CLEAN OHIO - OPERATING

3208

The foregoing appropriations item 725-405, Clean Ohio -	3209
Operating, shall be used by the Ohio Department of Natural	3210
Resources in administering section 1519.05 of the Revised Code.	3211

Within the limits set forth in this act, the Director of	3212
Budget and Management shall establish accounts indicating source	3213
and amount of funds for each appropriation made in this act, and	3214
shall determine the form and manner in which appropriation	3215
accounts shall be maintained. Expenditures from appropriations	3216
contained in this act shall be accounted for as though made in Am.	3217
Sub. H.B. 94 of the 124th General Assembly.	3218

The appropriations made in this act are subject to all	3219
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that	3220
are generally applicable to such appropriations.	3221

Section 8. All items set forth in this section are hereby	3222
appropriated out of moneys in the state treasury to the credit of	3223
the Clean Ohio Agricultural Easement Fund (Fund 057). The	3224
appropriations made in this act are in addition to any other	3225
capital appropriations made for the 2000-2002 biennium.	3226

AGR DEPARTMENT OF AGRICULTURE

3227

Clean Ohio Agricultural Easement Fund

3228

AGRICULTURAL EASEMENT PURCHASE

3232

The foregoing appropriation item CAP-047, Clean Ohio	3233
Agricultural Easement Fund, shall be used in accordance with	3234
sections 901.21, 901.22, and 5301.67 to 5301.70 of the Revised	3235
Code. The Director of the Department of Agriculture may certify to	3236
the Director of Budget and Management that a need exists to	3237
appropriate investment earnings to be used in accordance with	3238
those sections. If the Director of Budget and Management	3239
determines pursuant to those sections that investment earnings are	3240
available to support additional appropriations, such amounts are	3241
hereby appropriated.	3242

Within the limits set forth in this act, the Director of	3243
Budget and Management shall establish accounts indicating source	3244
and amount of funds for each appropriation made in this act, and	3245
shall determine the form and manner in which appropriation	3246
accounts shall be maintained. Expenditures from appropriations	3247
contained in this act shall be accounted for as though made in Am.	3248
Sub. H.B. 640 of the 123rd General Assembly.	3249

The appropriations made in this act are subject to all	3250
provisions of Am. Sub. H.B. 640 of the 123rd General Assembly that	3251
are generally applicable to such appropriations.	3252

Section 9. All items in this section are hereby appropriated	3253
as designated out of any moneys in the state treasury to the	3254
credit of the Clean Ohio Agricultural Easement Fund (Fund 057).	3255
For all appropriations made in this act, those in the first column	3256
are for fiscal year 2002 and those in the second column are for	3257
fiscal year 2003. The appropriations made in this act are in	3258
addition to any other appropriations made for the 2001-2003	3259
biennium.	3260

AGR DEPARTMENT OF AGRICULTURE

3261

Clean Ohio Agricultural Easement Fund

3262

FARMLAND PRESERVATION - OPERATING

3266

The foregoing appropriation item 700-632, Farmland	3267
Preservation - Operating, shall be used by the Ohio Department of	3268
Agriculture in administering sections 901.21, 901.22, and 5301.67	3269
to 5301.70 of the Revised Code.	3270

Within the limits set forth in this act, the Director of	3271
Budget and Management shall establish accounts indicating source	3272
and amount of funds for each appropriation made in this act, and	3273
shall determine the form and manner in which appropriation	3274
accounts shall be maintained. Expenditures from appropriations	3275
contained in this act shall be accounted for as though made in Am.	3276
Sub. H.B. 94 of the 124th General Assembly.	3277

The appropriations made in this act are subject to all	3278
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that	3279
are generally applicable to such appropriations.	3280

Section 10. That Sections 17, 41, 41.07, 50, 50.01, 78,	3281
78.01, 92, and 106 of Am. Sub. H.B. 94 of the 124th General	3282
Assembly be amended to read as follows:	3283

"       Sec. 17.  AGR DEPARTMENT OF AGRICULTURE

3284

General Revenue Fund

3285

Federal Special Revenue Fund Group

3308

State Special Revenue Fund Group

3316

ANIMAL DISEASE CONTROL

3341

The funds in appropriation item 700-401, Animal Disease	3342
Control, may be used for the detection, prevention, and emergency	3343
management of, and the education of the public regarding, Foot and	3344
Mouth disease, Mad Cow disease, and West Nile virus.	3345

REIMBURSEMENT TO THE GENERAL REVENUE FUND

3346

(A) On or before June 30, 2003, the Director of	3347
Budget and Management shall determine the following:	3348

(1) The total amount disbursed from the foregoing	3349
appropriation item, 700-409, Farmland Preservation, in the	3350
2002-2003 biennium; and	3351

(2) The amount of interest earnings that have been	3352
credited to the Clean Ohio Conservation Fund (Fund 056) that are	3353
in excess of what is needed for other purposes.	3354

(B) If the Director determines under division (A)(2) of	3355
this section that there are excess interest earnings, the Director	3356
shall, on or before June 30, 2003, transfer them in an amount not	3357
to exceed $60,000 less than the amount of disbursements determined	3358
under division (A)(1) of this section from the Clean Ohio	3359
Conservation Fund to the General Revenue Fund.	3360

THE AUCTION FUND

3361

On October 1, 2001, the Auction Education Fund (Fund 4D2) and	3362
the Auction Licensing Fund (Fund 5B8) shall be transferred from	3363
the Department of Commerce to the Department of Agriculture. At	3364
the request of the Director of Commerce, the Director of Budget	3365
and Management may cancel encumbrances in these funds from the	3366
Department of Commerce's appropriation item 800-605, Auctioneer	3367
Education, and appropriation item 800-628, Auctioneers, and	3368
reestablish such encumbrances or parts of encumbrances in fiscal	3369
year 2002 for the same purpose and to the same vendor in the	3370
Department of Agriculture's appropriation item 700-609, Auction	3371
Education, and appropriation item 700-628, Auctioneers. The	3372
Director of Budget and Management shall reduce the appropriation	3373
balances in fiscal year 2001 by the amount of the encumbrances	3374
canceled in the funds. As determined by the Director of Budget	3375
and Management, the appropriation authority necessary to	3376
reestablish such encumbrances or parts of encumbrances in fiscal	3377
year 2002 for the Department of Agriculture is hereby	3378
appropriated.	3379

THE DAIRY INDUSTRY FUND

3380

On July 1, 2001, or as soon thereafter as possible, the	3381
Director of Budget and Management shall transfer the cash balance	3382
in the License Fees (Fund 4V0) to the Dairy Inspection Fund (Fund	3383
4R2). The director shall cancel any existing encumbrances against	3384
appropriation item 700-602, License Fees (Fund 4V0), and	3385
reestablish them against appropriation item 700-637, Dairy	3386
Inspection (Fund 4R2). The amounts of the reestablished	3387
encumbrances are appropriated.	3388

Sec. 41. DEV DEPARTMENT OF DEVELOPMENT

3389

General Revenue Fund

3390

General Services Fund Group

3425

Federal Special Revenue Fund Group

3431

State Special Revenue Fund Group

3446

Facilities Establishment Fund

3463

Coal Research/Development Fund

3471

Sec. 41.07. COMMUNITYCLEAN OHIO IMPLEMENTATION

3478

The foregoing appropriation item 195-426, Clean Ohio	3479
Implementation, shall be used to begin implementation of Section	3480
2o, Article VIII, Ohio Constitution.	3481

COMMUNITY DEVELOPMENT CORPORATIONS

3482

Of the foregoing appropriation item 195-431, Community	3483
Development Corporation Grants, a portion of funds in each fiscal	3484
year of the biennium shall be used to make grants to the Ohio	3485
Community Development Finance Fund, a nonprofit corporation, in	3486
order to leverage private-sector funds to assist nonprofit	3487
development organizations to create affordable housing and	3488
permanent jobs in distressed areas of the state. The remaining	3489
moneys shall be used to provide funds to assist local community	3490
development corporations to develop affordable housing programs	3491
and economic development programs in their neighborhoods, and for	3492
operating costs.	3493

Of the foregoing appropriation item 195-431, Community	3494
Development Corporation Grants, not less than $100,000 in each	3495
fiscal year shall be used to provide training, technical	3496
assistance, and capacity building assistance to nonprofit	3497
development organizations in underserved areas of the state. For	3498
grants awarded in each fiscal year of the biennium, priority shall	3499
be given to proposals submitted by nonprofit development	3500
organizations from underserved areas of the state.	3501

Sec. 50.  EPA ENVIRONMENTAL PROTECTION AGENCY

3502

General Revenue Fund

3503

General Services Fund Group

3516

Federal Special Revenue Fund Group

3522

State Special Revenue Fund Group

3542

The foregoing appropriation item 715-674, Clean Ohio	3580
Environmental Review, shall be used to pay the costs incurred by	3581
the Director of Environmental Protection pursuant to sections	3582
122.65 to 122.658 of the Revised Code. These costs include,	3583
without limitation, the cost of technical assistance, the costs of	3584
participating with and supporting the Clean Ohio Council, and the	3585
costs of review of no further action letters and covenants not to	3586
sue for brownfield and public health projects.	3587

Sec. 50.01.  PUBLIC WATER SYSTEM SUPERVISION

3588

Of the foregoing appropriation item 721-321, Drinking Water,	3589
$225,000 shall be earmarked for the Northern Perry Water Phase	3590
III.	3591

CENTRAL SUPPORT INDIRECT

3592

Notwithstanding any other provision of law to the contrary,	3593
the Director of Environmental Protection, with the approval of the	3594
Director of Budget and Management, shall utilize a methodology for	3595
determining each division's payments into the Central Support	3596
Indirect Fund (Fund 219). The methodology used shall contain the	3597
characteristics of administrative ease and uniform application.	3598
Payments to the Central Support Indirect Fund (Fund 219) shall be	3599
made using an intrastate transfer voucher.	3600

Not later than November 30, 2001, the Director of	3601
Environmental Protection shall certify to the Director of Budget	3602
and Management the cash balances in Fund 356, Indirect Costs, and	3603
Fund 4C3, Central Support Indirect, and may request the Director	3604
of Budget and Management to transfer up to the certified amounts	3605
into Fund 219, Central Support Indirect. The amount transferred	3606
is hereby appropriated.	3607

SOLID WASTE FUND TRANSFER

3608

Not later than March 1, 2002, the Director of Environmental	3609
Protection shall certify to the Director of Budget and Management	3610
the amount expended from Fund 4K3, Solid Waste, during fiscal	3611
years 2000 and 2001 for emergency expenses incurred as a result of	3612
the fire at the Kirby Tire site. In fiscal years 2002 and 2003,	3613
the Director of Environmental Protection shall request the	3614
Director of Budget and Management to transfer up to one-half of	3615
the certified amount during fiscal year 2002 and the balance of	3616
the certified amount during fiscal year 2003 from Fund 4R5, Scrap	3617
Tire Management, to Fund 4K3, Solid Waste. The amounts	3618
transferred are hereby appropriated.	3619

Moneys transferred from Fund 4R5, Scrap Tire Management, to	3620
Fund 4K3, Solid Waste, shall not consist of any moneys generated	3621
under division (A)(2) of section 3734.901 of the Revised Code as	3622
amended by this act.	3623

Sec. 78.  DNR DEPARTMENT OF NATURAL RESOURCES

3624

General Revenue Fund

3625

General Services Fund Group

3649

Federal Special Revenue Fund Group

3669

State Special Revenue Fund Group

3685