Am. Sub. H. B. No. 516 As Passed by the Senate

Representatives Seitz, McGregor, Widener, Callender, Allen, Barrett, Beatty, Boccieri, Calvert, Carano, Carmichael, Chandler, Clancy, Collier, Daniels, DeGeeter, Domenick, C. Evans, D. Evans, Flowers, Gibbs, Harwood, Hollister, Hoops, Hughes, Key, Mason, Miller, Niehaus, Otterman, T. Patton, Perry, Peterson, Raga, Raussen, Reidelbach, Schlichter, Schmidt, Schneider, Setzer, Skindell, G. Smith, J. Stewart, Strahorn, Taylor, Willamowski, Wolpert, Yates

Senators Spada, Roberts, Schuler

A BILL

To amend sections 101.23, 101.83, 101.84, 101.85, 1
101.86, 122.011, 122.133, 122.40, 123.01, 123.151, 2
149.56, 164.07, 307.674, 317.08, 340.02, 1501.04, 3
1502.04, 1502.05, 1502.11, 1502.12, 1506.30, 4
1506.34, 1506.35, 1517.02, 1517.05, 1517.23, 5
1518.01, 1518.03, 1551.35, 2505.02, 3358.10, 6
3375.61, 3375.62, 3383.01, 3383.02, 3383.03, 7
3383.04, 3383.05, 3383.06, 3383.07, 3383.08, 8
3383.09, 3734.22, 3734.24, 3734.25, 3734.26, 9
3737.88, 3737.882, 3745.01, 3746.01, 3746.04, 10
3746.05, 3746.09, 3746.10, 3746.11, 3746.13, 11
3746.14, 3746.171, 3746.35, 3747.02, 3748.01, 12
3748.02, 3748.04, 3748.05, 3748.16, 3929.482, 13
3929.682, 3929.85, 3931.01, 3955.05, 3960.06, 14
4117.01, 4121.442, 4167.09, 4167.25, 4167.27, 15
4582.12, 4731.143, 4741.03, 4755.481, 4981.03, 16
5123.35, and 5123.352, to enact sections 149.305, 17
149.306, and 5301.80 to 5301.92, and to repeal 18
sections 122.09, 125.24, 149.32, 149.321, 149.322, 19
1502.10, 1506.37, 1517.03, 1517.04, 3354.161, 20
3355.121, 3357.161, 3375.47, 3746.08, 3747.04, 21
3747.05, 3747.06, 3747.061, 3747.07, 3747.08, 22
3747.09, 3747.10, 3747.11, 3747.12, 3747.13, 23
3747.14, 3747.15, 3747.16, 3747.17, 3747.18, 24
3747.19, 3747.20, 3747.21, 3747.22, 3748.09, 25
3929.71, 3929.72, 3929.721, 3929.73, 3929.75, 26
3929.76, 3929.77, 3929.78, 3929.79, 3929.80, 27
3929.81, 3929.82, 3929.83, 3929.84, 4121.443, 28
4167.26, 5101.93, 5119.81, 5119.82, and 5123.353 29
of the Revised Code, and to repeal Section 6 of 30
Am. Sub. S.B. 163 of the 124th General Assembly, 31
Section 6 of Sub. S.B. 27 of the 124th General 32
Assembly, Section 10 of Sub. H.B. 548 of the 123rd 33
General Assembly, Section 3 of Am. H.B. 280 of the 34
121st General Assembly, Section 27 of Sub. H.B. 35
670 of the 121st General Assembly, Section 3 of 36
Am. S.B. 208 of the 120th General Assembly, and 37
Section 3 of Sub. H.B. 508 of the 119th General 38
Assembly, to implement the report of the Sunset 39
Review Committee by abolishing, retaining, and 40
changing the names of various agencies and by 41
reestablishing the Sunset Review Committee but 42
postponing its operation until the 128th General 43
Assembly, to terminate the operation of certain 44
provisions of this act on December 31, 2010, by 45
repealing sections 101.82, 101.83, 101.84, 101.85, 46
101.86, and 101.87 of the Revised Code on that 47
date, to authorize former presiding officers of 48
either house of the General Assembly to administer 49
oaths of office to General Assembly members, 50
officers, and staff, to change the membership and 51
terms of office relative to the Development 52
Financing Advisory Council, to remove from the 53
Technical Advisory Committee to Assist the 54
Director of the Ohio Coal Development Office the 55
member designated by the Ohio Water Development 56
Authority, to establish the Ohio African-American 57
Hall of Fame, to establish environmental covenants 58
as an interest in real property generally arising 59
under an environmental remediation or mitigation 60
project that imposes activity and use limitations 61
on the property, to require the recording of such 62
covenants, and to establish other requirements 63
regarding environmental covenants, and to declare 64
an emergency. 65

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

       Section 1. That sections 101.23, 101.83, 101.84, 101.85, 66
101.86, 122.011, 122.133, 122.40, 123.01, 123.151, 149.56, 164.07, 67
307.674, 317.08, 340.02, 1501.04, 1502.04, 1502.05, 1502.11, 68
1502.12, 1506.30, 1506.34, 1506.35, 1517.02, 1517.05, 1517.23, 69
1518.01, 1518.03, 1551.35, 2505.02, 3358.10, 3375.61, 3375.62, 70
3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07, 71
3383.08, 3383.09, 3734.22, 3734.24, 3734.25, 3734.26, 3737.88, 72
3737.882, 3745.01, 3746.01, 3746.04, 3746.05, 3746.09, 3746.10, 73
3746.11, 3746.13, 3746.14, 3746.171, 3746.35, 3747.02, 3748.01, 74
3748.02, 3748.04, 3748.05, 3748.16, 3929.482, 3929.682, 3929.85, 75
3931.01, 3955.05, 3960.06, 4117.01, 4121.442, 4167.09, 4167.25, 76
4167.27, 4582.12, 4731.143, 4741.03, 4755.481, 4981.03, 5123.35, 77
and 5123.352 be amended and sections 149.305, 149.306, 5301.80, 78
5301.81, 5301.82, 5301.83, 5301.84, 5301.85, 5301.86, 5301.87, 79
5301.88, 5301.89, 5301.90, 5301.91, and 5301.92 of the Revised 80
Code be enacted to read as follows: 81

       Sec. 101.23. The oath of office of senators and 82
representatives,; the president and president pro tempore of the 83
senate,; the speaker and speaker pro tempore of the house of 84
representatives~~, and~~; the clerk of the senate, the chief 85
administrative officer and the clerk of the house of 86
representatives, and their assistants,; and the sergeant at arms 87
and assistant sergeant at arms of each house may be administered 88
by a member, by a former presiding officer of either house of the 89
general assembly, or by a person authorized to administer oaths. 90

       Sec. 101.83. (A) An agency in existence on January 1, ~~2001~~ 91
2005, shall expire on December 31, ~~2004~~2010, unless the agency is 92
renewed in accordance with division (D) of this section and, if so 93
renewed, shall expire thereafter on the thirty-first day of 94
December of the fourth year after the year in which it was most 95
recently renewed unless the agency is renewed in accordance with 96
division (D) of this section. An agency created after January 1, 97
~~2001~~2005, that is created on the thirty-first day of December 98
shall expire not later than four years after its creation, unless 99
the agency is renewed in accordance with division (D) of this 100
section. An agency created after January 1, ~~2001~~2005, that is 101
created on any other date shall be considered for the purpose of 102
this section to have been created on the preceding thirty-first 103
day of December, and the agency shall expire not later than four 104
years after the date it was considered to have been created, 105
unless the agency is renewed in accordance with division (D) of 106
this section. Any act creating or renewing an agency shall contain 107
a distinct section providing a specific expiration date for the 108
agency in accordance with this division. 109

       (B) If the general assembly does not renew or transfer an 110
agency on or before its expiration date, it shall expire on that 111
date. 112

       The auditor of state shall not authorize the expenditure of 113
any moneys for any agency on or after the date of its expiration. 114

       (C) The general assembly may provide by law for the orderly, 115
efficient, and expeditious conclusion of an agency's business and 116
operation. The rules, orders, licenses, contracts, and other 117
actions made, taken, granted, or performed by the agency shall 118
continue in effect according to their terms notwithstanding the 119
agency's abolition, unless the general assembly provides otherwise 120
by law. The general assembly may provide by law for the temporary 121
or permanent transfer of some or all of a terminated or 122
transferred agency's functions and personnel to a successor agency 123
or officer. 124

       The abolition, termination, or transfer of an agency shall 125
not cause the termination or dismissal of any claim pending 126
against the agency by any person, or any claim pending against any 127
person by the agency. Unless the general assembly provides 128
otherwise by law for the substitution of parties, the attorney 129
general shall succeed the agency with reference to any pending 130
claim. 131

       (D) An agency may be renewed by passage of a bill that 132
continues the statutes creating and empowering the agency, that 133
amends or repeals those statutes, or that enacts new statutes, to 134
improve agency usefulness, performance, or effectiveness. 135

       Sec. 101.84. (A) There is hereby created the sunset review 136
committee, to be composed of nine members and function in calendar 137
years 2009 and 2010. The president of the senate shall appoint 138
three members of the senate to the committee, not more than two of 139
whom shall be members of the same political party. The speaker of 140
the house of representatives shall appoint three members of the 141
house of representatives to the committee, not more than two of 142
whom shall be members of the same political party. The governor, 143
with the advice and consent of the senate, shall appoint three 144
members to the committee, not more than two of whom shall be 145
members of the same political party. Members shall be appointed 146
within fifteen days after the commencement of the first regular 147
session of ~~each~~the 128th general assembly. 148

       (B) Each member of the committee who is appointed by the 149
president of the senate or the speaker of the house of 150
representatives shall serve ~~until~~during that committee member's 151
~~successor is appointed~~term of office or until that committee 152
member no longer is a member of the senate or the house of 153
representatives, whichever is applicable. Each member of the 154
committee who is appointed by the governor shall serve a two-year 155
term that ends on the thirty-first day of December ~~of each~~ 156
~~even-numbered year~~in 2010. A vacancy on the committee shall be 157
filled in the same manner as the original appointment. 158

       In the first regular session of athe 128th general assembly, 159
the chairperson of the committee shall be a member of the house of 160
representatives, and the vice-chairperson of the committee shall 161
be a member of the senate. In the second regular session of the 162
128th general assembly, the chairperson of the committee shall be 163
a member of the senate, and the vice-chairperson of the committee 164
shall be a member of the house of representatives. 165

       Members of the committee shall receive no compensation, but 166
shall be reimbursed for their necessary expenses incurred in the 167
performance of their official duties. 168

       (C) The committee shall meet not later than thirty days after 169
the first day of the first regular session of the 128th general 170
assembly to choose a chairperson and to commence establishment of 171
the schedule for agency review provided for in section 101.85 of 172
the Revised Code or perform other committee duties under sections 173
101.82 to 101.87 of the Revised Code. Five members of the 174
committee shall constitute a quorum for the conduct of committee 175
business. 176

       Sec. 101.85. (A) The sunset review committee, not later than 177
sixty days after its first meeting in ~~2001~~2009, shall schedule 178
for review each agency in existence on January 1, ~~2001~~2009. The 179
committee, by a unanimous vote, also may schedule for review any 180
state board or commission described in division (A)(9) of section 181
101.82 of the Revised Code that is in existence on that date, and 182
any board or commission so scheduled shall be considered an agency 183
for purposes of sections 101.82 to 101.87 of the Revised Code. 184

       (B) The chairperson of the committee shall send a copy of the 185
schedule for review of agencies for ~~each~~ calendar year 2009 and 186
calendar year 2010 to each of the agencies scheduled for review 187
during that year and to the director of the legislative service 188
commission. The director shall publish a copy of the schedule in 189
the Ohio Administrative Code and in the register of Ohio created 190
under section 103.051 of the Revised Code. The commission shall 191
provide the committee with a list of agencies, and state boards 192
and commissions described in division (A)(9) of section 101.82 of 193
the Revised Code, in existence on January 1, ~~2001~~2009, to assist 194
the committee in identifying agencies and exercising its duties 195
under sections 101.82 to 101.87 of the Revised Code with respect 196
to those agencies. 197

       Sec. 101.86. (A) Not later than ~~twelve~~six months prior to 198
the date on which an agency in existence on January 1, ~~2001~~2009, 199
is scheduled to expire under division (A) of section 101.83 of the 200
Revised Code, the sunset review committee shall hold hearings to 201
receive the testimony of the public and of the chief executive 202
officer of each agency scheduled for review and otherwise shall 203
consider and evaluate the usefulness, performance, and 204
effectiveness of the agency. 205

       (B) Each agency that is scheduled for review shall submit to 206
the committee a report that contains all of the following 207
information: 208

       (1) The agency's primary purpose and its various goals and 209
objectives; 210

       (2) The agency's past and anticipated workload, the number of 211
staff required to complete that workload, and the agency's total 212
number of staff; 213

       (3) The agency's past and anticipated budgets and its sources 214
of funding; 215

       (4) The number of members of its governing board or other 216
governing entity and their compensation, if any. 217

       (C) Each agency shall have the burden of demonstrating to the 218
committee a public need for its continued existence. In 219
determining whether an agency has demonstrated that need, the 220
committee shall consider all of the following: 221

       (1) The extent to which the agency has permitted qualified 222
applicants to serve the public; 223

       (2) The cost-effectiveness of the agency in terms of number 224
of employees, services rendered, and administrative costs 225
incurred, both past and present; 226

       (3) The extent to which the agency has operated in the public 227
interest, and whether its operation has been impeded or enhanced 228
by existing statutes and procedures and by budgetary, resource, 229
and personnel practices; 230

       (4) Whether the agency has recommended statutory changes to 231
the general assembly that would benefit the public as opposed to 232
the persons regulated by the agency, if any, and whether its 233
recommendations and other policies have been adopted and 234
implemented; 235

       (5) Whether the agency has required any persons it regulates 236
to report to it the impact of agency rules and decisions on the 237
public as they affect service costs and service delivery; 238

       (6) Whether persons regulated by the agency, if any, have 239
been required to assess problems in their business operations that 240
affect the public; 241

       (7) Whether the agency has encouraged public participation in 242
its rule-making and decision-making; 243

       (8) The efficiency with which formal public complaints filed 244
with the agency have been processed to completion; 245

       (9) Whether the programs or services of the agency duplicate 246
or overlap those of other agencies; 247

       (10) Whether the purpose for which the agency was created has 248
been fulfilled, has changed, or no longer exists; 249

       (11) Whether federal law requires that the agency be renewed 250
in some form; 251

       (12) Changes needed in the enabling laws of the agency in 252
order for it to comply with the criteria suggested by the 253
considerations listed in divisions (C)(1) to (11) of this section. 254

       (D) In its initial review of each agency, the committee, 255
whenever possible, shall realign agency titles to conform to the 256
following descriptions: 257

       (1) Commission: an administrative appeals or hearing agency; 258

       (2) Authority: an agency empowered to issue bonds or notes; 259

       (3) Board: an agency having a licensing function only; 260

       (4) Council: an advisory body to a major agency or 261
department; 262

       (5) Committee: an advisory body to a minor agency or 263
department. 264

       Sec. 122.011. (A) The department of development shall 265
develop and promote plans and programs designed to assure that 266
state resources are efficiently used, economic growth is properly 267
balanced, community growth is developed in an orderly manner, and 268
local governments are coordinated with each other and the state, 269
and for such purposes may do all of the following: 270

       (1) Serve as a clearinghouse for information, data, and other 271
materials that may be helpful or necessary to persons or local 272
governments, as provided in section 122.07 of the Revised Code; 273

       (2) Prepare and activate plans for the retention, 274
development, expansion, and use of the resources and commerce of 275
the state, as provided in section 122.04 of the Revised Code; 276

       (3) Assist and cooperate with federal, state, and local 277
governments and agencies of federal, state, and local governments 278
in the coordination of programs to carry out the functions and 279
duties of the department; 280

       (4) Encourage and foster research and development activities, 281
conduct studies related to the solution of community problems, and 282
develop recommendations for administrative or legislative actions, 283
as provided in section 122.03 of the Revised Code; 284

       (5) Serve as the economic and community development planning 285
agency, which shall prepare and recommend plans and programs for 286
the orderly growth and development of this state and which shall 287
provide planning assistance, as provided in section 122.06 of the 288
Revised Code; 289

       (6) Cooperate with and provide technical assistance to state 290
departments, political subdivisions, regional and local planning 291
commissions, tourist associations, councils of government, 292
community development groups, community action agencies, and other 293
appropriate organizations for carrying out the functions and 294
duties of the department or for the solution of community 295
problems; 296

       (7) Coordinate the activities of state agencies that have an 297
impact on carrying out the functions and duties of the department; 298

       (8) Encourage and assist the efforts of and cooperate with 299
local governments to develop mutual and cooperative solutions to 300
their common problems that relate to carrying out the purposes of 301
this section; 302

       (9) Study existing structure, operations, and financing of 303
regional or local government and those state activities that 304
involve significant relations with regional or local governmental 305
units, recommend to the governor and to the general assembly such 306
changes in these provisions and activities as will improve the 307
operations of regional or local government, and conduct other 308
studies of legal provisions that affect problems related to 309
carrying out the purposes of this section; 310

       (10) ~~Appoint, with the approval of the governor, technical~~ 311
~~and other advisory councils as it considers appropriate, as~~ 312
~~provided in section 122.09 of the Revised Code;~~ 313

       ~~(11)~~ Create and operate a division of community development 314
to develop and administer programs and activities that are 315
authorized by federal statute or the Revised Code; 316

       ~~(12)~~(11) Until October 15, 2005, establish fees and charges, 317
in consultation with the director of agriculture, for purchasing 318
loans from financial institutions and providing loan guarantees 319
under the family farm loan program created under sections 901.80 320
to 901.83 of the Revised Code; 321

       ~~(13)~~(12) Provide loan servicing for the loans purchased and 322
loan guarantees provided under section 901.80 of the Revised Code 323
as that section existed prior to October 15, 2005; 324

       ~~(14)~~(13) Until October 15, 2005, and upon approval by the 325
controlling board under division (A)(3) of section 901.82 of the 326
Revised Code of the release of money to be used for purchasing a 327
loan or providing a loan guarantee, request the release of that 328
money in accordance with division (B) of section 166.03 of the 329
Revised Code for use for the purposes of the fund created by 330
section 166.031 of the Revised Code. 331

       (B) The director of development may request the attorney 332
general to, and the attorney general, in accordance with section 333
109.02 of the Revised Code, shall bring a civil action in any 334
court of competent jurisdiction. The director may be sued in the 335
director's official capacity, in connection with this chapter, in 336
accordance with Chapter 2743. of the Revised Code. 337

       Sec. 122.133. ~~(A) The director of development may establish~~ 338
~~technical and advisory boards in accordance with section 122.09 of~~ 339
~~the Revised Code as the director considers appropriate to assist~~ 340
~~in the execution of the employee ownership assistance program and~~ 341
~~may obtain information and cooperation concerning the program,~~ 342
~~upon request, from any department, bureau, institution, agency, or~~ 343
~~office of the state government in accordance with section 122.10~~ 344
~~of the Revised Code.~~ 345

       ~~(B)~~ The director of development shall publicize the 346
availability of the employee ownership assistance program and its 347
services to local governments and to business and labor 348
organizations and shall coordinate with local governments, 349
business and labor organizations, and other state agencies in 350
obtaining information relating to the possible relocation of 351
operations or closing of a business establishment. 352

       Sec. 122.40. (A) There is hereby created the development 353
financing advisory council to assist in carrying out the programs 354
created pursuant to sections 122.39 to 122.62 and Chapter 166. of 355
the Revised Code. 356

       (B) The council shall consist of seven members appointed by 357
the governor, with the advice and consent of the senate ~~and~~, who 358
are selected for their knowledge of and experience in economic 359
development financing, one member of the senate appointed by the 360
president of the senate, ~~and~~ one member of the house of 361
representatives appointed by the speaker of the house of 362
representatives, and the director of development or the director's 363
designee. With respect to the council: 364

       (1) No more than four members of the council appointed by the 365
governor shall be members of the same political party. 366

       (2) Each member shall hold office from the date of the 367
member's appointment until the end of the term for which the 368
member was appointed. 369

       (3) The terms of office for the seven members appointed by 370
the governor shall be for ~~seven~~five years commencing on the first 371
day of January and ending on the thirty-first day of December. The 372
seven members appointed by the governor who are serving terms of 373
office of seven years on the effective date of this amendment 374
shall continue to serve those terms, but their successors in 375
office, including the filling of a vacancy occurring prior to the 376
expiration of those terms, shall be appointed for terms of five 377
years in accordance with this division. 378

       (4) Any member of the council is eligible for reappointment. 379

       (5) As a term of a member of the council appointed by the 380
governor expires, the governor shall appoint a successor with the 381
advice and consent of the senate. 382

       (6) ~~Any~~Except as otherwise provided in division (B)(3) of 383
this section, any member appointed to fill a vacancy occurring 384
prior to the expiration of the term for which the member's 385
predecessor was appointed shall hold office for the remainder of 386
the predecessor's term. 387

       (7) Any member shall continue in office subsequent to the 388
expiration date of the member's term until the member's successor 389
takes office, or until a period of sixty days has elapsed, 390
whichever occurs first. 391

       (8) Before entering upon duties as a member of the council, 392
each member shall take an oath provided by Section 7 of Article 393
XV, Ohio Constitution. 394

       (9) The governor may, at any time, remove any nonlegislative 395
member pursuant to section 3.04 of the Revised Code. 396

       (10) Members of the council, notwithstanding section 101.26 397
of the Revised Code with respect to members who are members of the 398
general assembly, shall receive their necessary and actual 399
expenses while engaged in the business of the council and shall be 400
paid at the per diem rate of step 1, pay range 31, of section 401
124.15 of the Revised Code. 402

       (11) ~~Five~~Four members of the council constitute a quorum. 403

       (12) In the event of the absence of a member appointed by the 404
president of the senate or by the speaker of the house of 405
representatives, the following persons may serve in the member's 406
absence: the president of the senate or the speaker of the house, 407
as the case may be, or a member of the senate or of the house of 408
representatives, of the same political party as the development 409
financing advisory council member, designated by the president of 410
the senate or the speaker of the house. 411

       Sec. 123.01. (A) The department of administrative services, 412
in addition to those powers enumerated in Chapters 124. and 125. 413
of the Revised Code and provided elsewhere by law, shall exercise 414
the following powers: 415

       (1) To prepare, or contract to be prepared, by licensed 416
engineers or architects, surveys, general and detailed plans, 417
specifications, bills of materials, and estimates of cost for any 418
projects, improvements, or public buildings to be constructed by 419
state agencies that may be authorized by legislative 420
appropriations or any other funds made available therefor, 421
provided that the construction of the projects, improvements, or 422
public buildings is a statutory duty of the department. This 423
section does not require the independent employment of an 424
architect or engineer as provided by section 153.01 of the Revised 425
Code in the cases to which that section applies nor affect or 426
alter the existing powers of the director of transportation. 427

       (2) To have general supervision over the construction of any 428
projects, improvements, or public buildings constructed for a 429
state agency and over the inspection of materials previous to 430
their incorporation into those projects, improvements, or 431
buildings; 432

       (3) To make contracts for and supervise the construction of 433
any projects and improvements or the construction and repair of 434
buildings under the control of a state agency, except contracts 435
for the repair of buildings under the management and control of 436
the departments of public safety, job and family services, mental 437
health, mental retardation and developmental disabilities, 438
rehabilitation and correction, and youth services, the bureau of 439
workers' compensation, the rehabilitation services commission, and 440
boards of trustees of educational and benevolent institutions. 441
These contracts shall be made and entered into by the directors of 442
public safety, job and family services, mental health, mental 443
retardation and developmental disabilities, rehabilitation and 444
correction, and youth services, the administrator of workers' 445
compensation, the rehabilitation services commission, and the 446
boards of trustees of such institutions, respectively. All such 447
contracts may be in whole or in part on unit price basis of 448
maximum estimated cost, with payment computed and made upon actual 449
quantities or units. 450

       (4) To prepare and suggest comprehensive plans for the 451
development of grounds and buildings under the control of a state 452
agency; 453

       (5) To acquire, by purchase, gift, devise, lease, or grant, 454
all real estate required by a state agency, in the exercise of 455
which power the department may exercise the power of eminent 456
domain, in the manner provided by sections 163.01 to 163.22 of the 457
Revised Code; 458

       (6) To make and provide all plans, specifications, and models 459
for the construction and perfection of all systems of sewerage, 460
drainage, and plumbing for the state in connection with buildings 461
and grounds under the control of a state agency; 462

       (7) To erect, supervise, and maintain all public monuments 463
and memorials erected by the state, except where the supervision 464
and maintenance is otherwise provided by law; 465

       (8) To procure, by lease, storage accommodations for a state 466
agency; 467

       (9) To lease or grant easements or licenses for unproductive 468
and unused lands or other property under the control of a state 469
agency. Such leases, easements, or licenses shall be granted for a 470
period not to exceed fifteen years and shall be executed for the 471
state by the director of administrative services and the governor 472
and shall be approved as to form by the attorney general, provided 473
that leases, easements, or licenses may be granted to any county, 474
township, municipal corporation, port authority, water or sewer 475
district, school district, library district, health district, park 476
district, soil and water conservation district, conservancy 477
district, or other political subdivision or taxing district, or 478
any agency of the United States government, for the exclusive use 479
of that agency, political subdivision, or taxing district, without 480
any right of sublease or assignment, for a period not to exceed 481
fifteen years, and provided that the director shall grant leases, 482
easements, or licenses of university land for periods not to 483
exceed twenty-five years for purposes approved by the respective 484
university's board of trustees wherein the uses are compatible 485
with the uses and needs of the university and may grant leases of 486
university land for periods not to exceed forty years for purposes 487
approved by the respective university's board of trustees pursuant 488
to section 123.77 of the Revised Code. 489

       (10) To lease office space in buildings for the use of a 490
state agency; 491

       (11) To have general supervision and care of the storerooms, 492
offices, and buildings leased for the use of a state agency; 493

       (12) To exercise general custodial care of all real property 494
of the state; 495

       (13) To assign and group together state offices in any city 496
in the state and to establish, in cooperation with the state 497
agencies involved, rules governing space requirements for office 498
or storage use; 499

       (14) To lease for a period not to exceed forty years, 500
pursuant to a contract providing for the construction thereof 501
under a lease-purchase plan, buildings, structures, and other 502
improvements for any public purpose, and, in conjunction 503
therewith, to grant leases, easements, or licenses for lands under 504
the control of a state agency for a period not to exceed forty 505
years. The lease-purchase plan shall provide that at the end of 506
the lease period, the buildings, structures, and related 507
improvements, together with the land on which they are situated, 508
shall become the property of the state without cost. 509

       (a) Whenever any building, structure, or other improvement is 510
to be so leased by a state agency, the department shall retain 511
either basic plans, specifications, bills of materials, and 512
estimates of cost with sufficient detail to afford bidders all 513
needed information or, alternatively, all of the following plans, 514
details, bills of materials, and specifications: 515

       (i) Full and accurate plans suitable for the use of mechanics 516
and other builders in the improvement; 517

       (ii) Details to scale and full sized, so drawn and 518
represented as to be easily understood; 519

       (iii) Accurate bills showing the exact quantity of different 520
kinds of material necessary to the construction; 521

       (iv) Definite and complete specifications of the work to be 522
performed, together with such directions as will enable a 523
competent mechanic or other builder to carry them out and afford 524
bidders all needed information; 525

       (v) A full and accurate estimate of each item of expense and 526
of the aggregate cost thereof. 527

       (b) The department shall give public notice, in such 528
newspaper, in such form, and with such phraseology as the director 529
of administrative services prescribes, published once each week 530
for four consecutive weeks, of the time when and place where bids 531
will be received for entering into an agreement to lease to a 532
state agency a building, structure, or other improvement. The last 533
publication shall be at least eight days preceding the day for 534
opening the bids. The bids shall contain the terms upon which the 535
builder would propose to lease the building, structure, or other 536
improvement to the state agency. The form of the bid approved by 537
the department shall be used, and a bid is invalid and shall not 538
be considered unless that form is used without change, alteration, 539
or addition. Before submitting bids pursuant to this section, any 540
builder shall comply with Chapter 153. of the Revised Code. 541

       (c) On the day and at the place named for receiving bids for 542
entering into lease agreements with a state agency, the director 543
of administrative services shall open the bids and shall publicly 544
proceed immediately to tabulate the bids upon duplicate sheets. No 545
lease agreement shall be entered into until the bureau of workers' 546
compensation has certified that the person to be awarded the lease 547
agreement has complied with Chapter 4123. of the Revised Code, 548
until, if the builder submitting the lowest and best bid is a 549
foreign corporation, the secretary of state has certified that the 550
corporation is authorized to do business in this state, until, if 551
the builder submitting the lowest and best bid is a person 552
nonresident of this state, the person has filed with the secretary 553
of state a power of attorney designating the secretary of state as 554
its agent for the purpose of accepting service of summons in any 555
action brought under Chapter 4123. of the Revised Code, and until 556
the agreement is submitted to the attorney general and the 557
attorney general's approval is certified thereon. Within thirty 558
days after the day on which the bids are received, the department 559
shall investigate the bids received and shall determine that the 560
bureau and the secretary of state have made the certifications 561
required by this section of the builder who has submitted the 562
lowest and best bid. Within ten days of the completion of the 563
investigation of the bids, the department shall award the lease 564
agreement to the builder who has submitted the lowest and best bid 565
and who has been certified by the bureau and secretary of state as 566
required by this section. If bidding for the lease agreement has 567
been conducted upon the basis of basic plans, specifications, 568
bills of materials, and estimates of costs, upon the award to the 569
builder the department, or the builder with the approval of the 570
department, shall appoint an architect or engineer licensed in 571
this state to prepare such further detailed plans, specifications, 572
and bills of materials as are required to construct the building, 573
structure, or improvement. The department shall adopt such rules 574
as are necessary to give effect to this section. The department 575
may reject any bid. Where there is reason to believe there is 576
collusion or combination among bidders, the bids of those 577
concerned therein shall be rejected. 578

       (15) To acquire by purchase, gift, devise, or grant and to 579
transfer, lease, or otherwise dispose of all real property 580
required to assist in the development of a conversion facility as 581
defined in section 5709.30 of the Revised Code as that section 582
existed before its repeal by ~~H.B.~~Amended Substitute House Bill 95 583
of the 125th general assembly; 584

       (16) To lease for a period not to exceed forty years, 585
notwithstanding any other division of this section, the 586
state-owned property located at 408-450 East Town Street, 587
Columbus, Ohio, formerly the state school for the deaf, to a 588
developer in accordance with this section. "Developer," as used in 589
this section, has the same meaning as in section 123.77 of the 590
Revised Code. 591

       Such a lease shall be for the purpose of development of the 592
land for use by senior citizens by constructing, altering, 593
renovating, repairing, expanding, and improving the site as it 594
existed on June 25, 1982. A developer desiring to lease the land 595
shall prepare for submission to the department a plan for 596
development. Plans shall include provisions for roads, sewers, 597
water lines, waste disposal, water supply, and similar matters to 598
meet the requirements of state and local laws. The plans shall 599
also include provision for protection of the property by insurance 600
or otherwise, and plans for financing the development, and shall 601
set forth details of the developer's financial responsibility. 602

       The department may employ, as employees or consultants, 603
persons needed to assist in reviewing the development plans. Those 604
persons may include attorneys, financial experts, engineers, and 605
other necessary experts. The department shall review the 606
development plans and may enter into a lease if it finds all of 607
the following: 608

       (a) The best interests of the state will be promoted by 609
entering into a lease with the developer; 610

       (b) The development plans are satisfactory; 611

       (c) The developer has established the developer's financial 612
responsibility and satisfactory plans for financing the 613
development. 614

       The lease shall contain a provision that construction or 615
renovation of the buildings, roads, structures, and other 616
necessary facilities shall begin within one year after the date of 617
the lease and shall proceed according to a schedule agreed to 618
between the department and the developer or the lease will be 619
terminated. The lease shall contain such conditions and 620
stipulations as the director considers necessary to preserve the 621
best interest of the state. Moneys received by the state pursuant 622
to this lease shall be paid into the general revenue fund. The 623
lease shall provide that at the end of the lease period the 624
buildings, structures, and related improvements shall become the 625
property of the state without cost. 626

       (17) To lease to any person any tract of land owned by the 627
state and under the control of the department, or any part of such 628
a tract, for the purpose of drilling for or the pooling of oil or 629
gas. Such a lease shall be granted for a period not exceeding 630
forty years, with the full power to contract for, determine the 631
conditions governing, and specify the amount the state shall 632
receive for the purposes specified in the lease, and shall be 633
prepared as in other cases. 634

       (18) To manage the use of space owned and controlled by the 635
department, including space in property under the jurisdiction of 636
the Ohio building authority, by doing all of the following: 637

       (a) Biennially implementing, by state agency location, a 638
census of agency employees assigned space; 639

        (b) Periodically in the discretion of the director of 640
administrative services: 641

       (i) Requiring each state agency to categorize the use of 642
space allotted to the agency between office space, common areas, 643
storage space, and other uses, and to report its findings to the 644
department; 645

        (ii) Creating and updating a master space utilization plan 646
for all space allotted to state agencies. The plan shall 647
incorporate space utilization metrics. 648

        (iii) Conducting a cost-benefit analysis to determine the 649
effectiveness of state-owned buildings; 650

        (iv) Assessing the alternatives associated with consolidating 651
the commercial leases for buildings located in Columbus. 652

        (c) Commissioning a comprehensive space utilization and 653
capacity study in order to determine the feasibility of 654
consolidating existing commercially leased space used by state 655
agencies into a new state-owned facility. 656

       (B) This section and section 125.02 of the Revised Code shall 657
not interfere with any of the following: 658

       (1) The power of the adjutant general to purchase military 659
supplies, or with the custody of the adjutant general of property 660
leased, purchased, or constructed by the state and used for 661
military purposes, or with the functions of the adjutant general 662
as director of state armories; 663

       (2) The power of the director of transportation in acquiring 664
rights-of-way for the state highway system, or the leasing of 665
lands for division or resident district offices, or the leasing of 666
lands or buildings required in the maintenance operations of the 667
department of transportation, or the purchase of real property for 668
garage sites or division or resident district offices, or in 669
preparing plans and specifications for and constructing such 670
buildings as the director may require in the administration of the 671
department; 672

       (3) The power of the director of public safety and the 673
registrar of motor vehicles to purchase or lease real property and 674
buildings to be used solely as locations to which a deputy 675
registrar is assigned pursuant to division (B) of section 4507.011 676
of the Revised Code and from which the deputy registrar is to 677
conduct the deputy registrar's business, the power of the director 678
of public safety to purchase or lease real property and buildings 679
to be used as locations for division or district offices as 680
required in the maintenance of operations of the department of 681
public safety, and the power of the superintendent of the state 682
highway patrol in the purchase or leasing of real property and 683
buildings needed by the patrol, to negotiate the sale of real 684
property owned by the patrol, to rent or lease real property owned 685
or leased by the patrol, and to make or cause to be made repairs 686
to all property owned or under the control of the patrol; 687

       (4) The power of the division of liquor control in the 688
leasing or purchasing of retail outlets and warehouse facilities 689
for the use of the division; 690

       (5) The power of the director of development to enter into 691
leases of real property, buildings, and office space to be used 692
solely as locations for the state's foreign offices to carry out 693
the purposes of section 122.05 of the Revised Code; 694

       (6) The power of the director of environmental protection to 695
enter into environmental covenants, to grant and accept easements, 696
or to sell property pursuant to division (G) of section 3745.01 of 697
the Revised Code. 698

       (C) Purchases for, and the custody and repair of, buildings 699
under the management and control of the capitol square review and 700
advisory board, the rehabilitation services commission, the bureau 701
of workers' compensation, or the departments of public safety, job 702
and family services, mental health, mental retardation and 703
developmental disabilities, and rehabilitation and correction, and 704
buildings of educational and benevolent institutions under the 705
management and control of boards of trustees, are not subject to 706
the control and jurisdiction of the department of administrative 707
services. 708

       (D) Any instrument by which real property is acquired 709
pursuant to this section shall identify the agency of the state 710
that has the use and benefit of the real property as specified in 711
section 5301.012 of the Revised Code. 712

       Sec. 123.151. (A) As used in this section, "minority 713
business enterprise" has the same meaning ~~given~~as in division 714
(E)(1) of section 122.71 of the Revised Code. 715

       (B)(1) The director of administrative services shall make 716
rules in accordance with Chapter 119. of the Revised Code 717
establishing procedures by which minority businesses may apply to 718
the equal employment opportunity coordinator for certification as 719
minority business enterprises. 720

       (2) ~~Any minority business enterprise that desires to bid on a~~ 721
~~contract under division (C)(1) or (D)(1) of this section or to be~~ 722
~~a minority business subcontractor or materials supplier under~~ 723
~~division (C)(2) or (D)(2) of this section shall first apply to the~~ 724
~~coordinator for certification.~~ The coordinator shall approve the 725
application of any minority business enterprise that complies with 726
the rules adopted under this division. Any person adversely 727
affected by an order of the coordinator denying certification as a 728
minority business enterprise may appeal as provided in Chapter 729
119. of the Revised Code. The coordinator shall prepare and 730
maintain a list of certified minority business enterprises. 731

       (C)~~(1) From the contracts to be awarded under section 123.15~~ 732
~~and Chapter 153. of the Revised Code, the director shall select a~~ 733
~~number of contracts with an aggregate value of approximately five~~ 734
~~per cent of the total estimated value of contracts to be awarded~~ 735
~~in the current fiscal year. The director shall set aside the~~ 736
~~contracts so selected for bidding by minority business enterprises~~ 737
~~only. The bidding procedures for such contracts shall be the same~~ 738
~~as for all other contracts awarded under section 123.15 and~~ 739
~~Chapter 153. of the Revised Code except that only minority~~ 740
~~business enterprises certified and listed under division (B) of~~ 741
~~this section shall be qualified to submit bids.~~ 742

       ~~(2)(a) Any contractor awarded a contract authorized by~~ 743
~~section 123.15 and Chapter 153. of the Revised Code or a contract~~ 744
~~included under division (D) of this section shall make every~~ 745
~~effort to ensure that certified minority business subcontractors~~ 746
~~and materials suppliers participate in the contract. In the case~~ 747
~~of contracts specified in division (A) of section 153.50 of the~~ 748
~~Revised Code, the total value of subcontracts awarded to and~~ 749
~~materials and services purchased from minority businesses shall be~~ 750
~~at least ten per cent of the total value of the contract, wherever~~ 751
~~possible and whenever the contractor awards subcontracts or~~ 752
~~purchases materials or services. In the case of all other~~ 753
~~contracts, the total value of subcontracts awarded to certified~~ 754
~~minority businesses shall equal at least five per cent of the~~ 755
~~total value of the contract. The total value of both the~~ 756
~~subcontracts awarded to and the purchases of materials made from~~ 757
~~such businesses shall equal at least ten per cent of the total~~ 758
~~value of the contract, wherever possible and whenever the~~ 759
~~contractor awards subcontracts or purchases materials or services.~~ 760

       ~~(b) Except as provided in divisions (C)(3) and (4) of this~~ 761
~~section, the department of administrative services shall not enter~~ 762
~~into any contract authorized under section 123.15 and Chapter 153.~~ 763
~~of the Revised Code, including any contract set aside under~~ 764
~~division (C)(1) of this section, unless the contract contains a~~ 765
~~provision stipulating that the contractor, to the extent that it~~ 766
~~subcontracts work, will award subcontracts totaling no less than~~ 767
~~five per cent of the total value of the contract to minority~~ 768
~~businesses certified under division (B) of this section and that~~ 769
~~the total value of both the materials purchased from minority~~ 770
~~businesses certified under division (B) of this section and of the~~ 771
~~subcontracts awarded, to the extent that it subcontracts work, to~~ 772
~~such minority businesses will equal at least seven per cent of the~~ 773
~~total value of the contract; except that in the case of contracts~~ 774
~~specified in division (A) of section 153.50 of the Revised Code,~~ 775
~~the contractor shall stipulate that the total value of both the~~ 776
~~subcontracts awarded to and the materials and services purchased~~ 777
~~from minority businesses certified under division (B) of this~~ 778
~~section will equal at least seven per cent of the total value of~~ 779
~~the contract; but for the purposes of meeting the seven per cent~~ 780
~~requirement, the value of services shall not be more than five per~~ 781
~~cent of the total value of the contract. To the extent that the~~ 782
~~contractor subcontracts work less than the percentages required to~~ 783
~~be subcontracted to minority business enterprises as established~~ 784
~~in this section, the total value of the subcontracts awarded to~~ 785
~~minority business enterprises certified under division (B) of this~~ 786
~~section need not exceed the actual amount of such subcontracts~~ 787
~~awarded.~~ 788

       ~~(3) Where a contractor is unable to agree to the provision~~ 789
~~required by division (C)(2) of this section because, having made a~~ 790
~~good faith effort, the contractor is unable to locate qualified~~ 791
~~minority businesses available to accept subcontracts or sell~~ 792
~~materials or services, the contractor may apply to the coordinator~~ 793
~~and the set aside review board created under division (C)(4) of~~ 794
~~this section for a waiver or modification of the provision. The~~ 795
~~coordinator shall review the application and shall make a~~ 796
~~recommendation to the board to allow or disallow the request.~~ 797
~~After receipt of the coordinator's recommendation, the board shall~~ 798
~~review the request. If the board finds that the contractor has~~ 799
~~made a good faith effort to locate and reach agreement with~~ 800
~~minority business subcontractors and materials suppliers or~~ 801
~~service providers but has been unable to do so due to~~ 802
~~circumstances beyond the reasonable control of the contractor, it~~ 803
~~may authorize the contract to include, in lieu of the provision~~ 804
~~required by division (C)(2) of this section, a provision~~ 805
~~stipulating a lesser percentage of the total value of the contract~~ 806
~~to be designated for minority business subcontractors and~~ 807
~~materials suppliers or it may waive such provision entirely, or~~ 808
~~stipulate a higher percentage of services permissible in contracts~~ 809
~~specified in division (A) of section 153.50 of the Revised Code.~~ 810
~~If the board does not grant the contractor's application for~~ 811
~~waiver or modification, and if the contractor is unable to agree~~ 812
~~with the provision required by division (C)(2) of this section,~~ 813
~~the contractor's bid shall be deemed nonresponsive to the~~ 814
~~specifications for which the bid was submitted. Such~~ 815
~~nonresponsiveness shall not be a basis for forfeiture of a bid~~ 816
~~guaranty or bond required by law if the contractor made~~ 817
~~application to the board for a waiver or modification within ten~~ 818
~~days following notification of award of the contract.~~ 819

       ~~If a contractor requests a waiver or modification because the~~ 820
~~contractor intends to contract with an enterprise that has sought~~ 821
~~certification as a minority business enterprise in accordance with~~ 822
~~division (B)(2) of this section, but the coordinator has not~~ 823
~~rendered a decision certifying the enterprise, the board may grant~~ 824
~~the modification or waiver requested, insofar as it applies to~~ 825
~~that enterprise, if the enterprise's application for certification~~ 826
~~was filed with the coordinator at least sixty days prior to the~~ 827
~~contractor's request for waiver or modification and the contractor~~ 828
~~gives assurances satisfactory to the board that the contractor~~ 829
~~will award a contract to the enterprise seeking certification.~~ 830

       ~~(4) There is hereby created in the department of~~ 831
~~administrative services the set aside review board, consisting of~~ 832
~~the director of administrative services or the director's~~ 833
~~designee, one member of the house of representatives appointed by~~ 834
~~the governor with the recommendation of the speaker of the house~~ 835
~~of representatives, and one member of the senate appointed by the~~ 836
~~governor with the recommendation of the president of the senate.~~ 837
~~Legislative members of the board shall serve four-year terms. Any~~ 838
~~legislative vacancy on the board shall be filled in the same~~ 839
~~manner as the original appointment. Members of the board shall not~~ 840
~~receive compensation but shall be reimbursed for all necessary~~ 841
~~expenses incurred in the course of their official duties.~~ 842

       ~~The board shall hear all applications of contractors for~~ 843
~~waiver or modification of the contract provision required by~~ 844
~~division (C)(2) of this section and shall make a decision on each~~ 845
~~such application within thirty days of its receipt by the board.~~ 846

       ~~(5) The director shall adopt rules in accordance with Chapter~~ 847
~~119. of the Revised Code requiring the following notice to be~~ 848
~~included in boldface type and capital letters in all bid~~ 849
~~notifications and specifications for any contract authorized under~~ 850
~~section 123.15 and Chapter 153. of the Revised Code and in any~~ 851
~~contract covered by division (D) of this section: "Minority~~ 852
~~business set-aside requirements as specified in section 123.151 of~~ 853
~~the Revised Code apply to this project. Copies of section 123.151~~ 854
~~of the Revised Code can be obtained from any of the offices of the~~ 855
~~department of administrative services." The rules shall specify~~ 856
~~the number of days after the date on which bids are opened by~~ 857
~~which the successful bidder shall notify the contracting agency~~ 858
~~concerning the provisions the bidder has made or reasonably can be~~ 859
~~expected to make for meeting the provisions of division (C)(2) of~~ 860
~~this section.~~ 861

       ~~(D)(1) To the extent that any state agency, other than the~~ 862
~~department of administrative services, and any port authority is~~ 863
~~authorized to enter into contracts for construction, the agency~~ 864
~~shall set aside a number of contracts the aggregate value of which~~ 865
~~equals approximately five per cent of the aggregate value of~~ 866
~~construction contracts for the current fiscal year for bidding by~~ 867
~~minority business enterprises only. The bidding procedures for the~~ 868
~~contracts set aside for minority business enterprises shall be the~~ 869
~~same as for all other contracts awarded by the agency or port~~ 870
~~authority, except that only minority business enterprises~~ 871
~~certified and listed under division (B) of this section shall be~~ 872
~~qualified to submit bids.~~ 873

       ~~(2) All contracts for construction entered into by any state~~ 874
~~agency, other than the department of administrative services, and~~ 875
~~any port authority including contracts set aside under division~~ 876
~~(D)(1) of this section, shall contain the same provision required~~ 877
~~by division (C)(2) of this section, subject to modification or~~ 878
~~waiver by the set aside review board in the manner specified by~~ 879
~~divisions (C)(3) and (4) of this section. The rules of the~~ 880
~~director adopted under division (C)(5) of this section shall be~~ 881
~~applicable to contracts under this division.~~ 882

       ~~(E) In the case of contracts set aside under division (C)(1)~~ 883
~~or (D)(1) of this section, if no bid is submitted by a minority~~ 884
~~business enterprise, the contract shall be awarded according to~~ 885
~~normal bidding procedures. The contracting agency or port~~ 886
~~authority shall from time to time set aside such additional~~ 887
~~contracts for bidding only by minority business enterprises as are~~ 888
~~necessary to replace those contracts previously set aside on which~~ 889
~~no minority business enterprises bid and to ensure that, in any~~ 890
~~fiscal year, the aggregate amount of construction contracts~~ 891
~~awarded to minority business enterprises will equal approximately~~ 892
~~five per cent of the total amount of construction contracts~~ 893
~~awarded by the agency or port authority.~~ 894

       ~~(F) This section does not preclude any minority business~~ 895
~~enterprise from bidding on any other contract not specifically set~~ 896
~~aside for minority business enterprises.~~ 897

       ~~(G) No funds of any state agency or port authority shall be~~ 898
~~expended in any fiscal year for construction until the director of~~ 899
~~administrative services or the chairperson of the port authority,~~ 900
~~whichever is appropriate, certifies to the equal employment~~ 901
~~opportunity coordinator, the clerk of the senate, and the clerk of~~ 902
~~the house of representatives that approximately five per cent of~~ 903
~~the aggregate amount of the projected expenditure for construction~~ 904
~~in the fiscal year has been set aside as provided for in this~~ 905
~~section.~~ 906

       ~~(H)~~ The department of administrative services, every other 907
state agency authorized to enter into contracts for construction 908
or contracts for purchases of equipment, materials, supplies, 909
~~contracts of~~ insurance, or services, and every port authority 910
shall file a report every ninety days with the equal employment 911
opportunity coordinator. The report shall be filed at a time and 912
in a form prescribed by the coordinator. The report shall include 913
the name of each minority business enterprise that the agency or 914
port authority entered into a contract with during the preceding 915
ninety-day period and the total value and type of each such 916
contract. No later than thirty days after the end of each fiscal 917
year, the coordinator shall notify in writing each state agency 918
and port authority that has not complied with the reporting 919
requirements of this division for the prior fiscal year. A copy of 920
this notification regarding a state agency shall be submitted to 921
the director of budget and management. No later than thirty days 922
after the notification, the agency or port authority shall submit 923
to the coordinator the information necessary to comply with the 924
reporting requirements of this division. If 925

       If, after the expiration of this thirty-day period, ~~the~~a 926
state agency has not complied with the reporting requirements of 927
this division, the coordinator shall certify to the director of 928
budget and management that the agency has not complied with the 929
reporting requirements ~~of this division~~. A copy of this 930
certification shall be submitted to the agency. Thereafter, no 931
funds of the ~~state~~ agency ~~required to report by this division~~ 932
shall be expended during the fiscal year for construction or 933
purchases of equipment, materials, supplies, contracts of 934
insurance, or services until the coordinator certifies to the 935
director of budget and management that the agency has complied 936
with the reporting requirements of this division for the prior 937
fiscal year. 938

       If any port authority has not complied with the reporting 939
requirement after the expiration of the thirty-day period, the 940
coordinator shall certify to the speaker of the house of 941
representatives and the president of the senate that the port 942
authority has not complied with the reporting requirements of this 943
division. A copy of this certification shall be submitted to the 944
port authority. Upon receipt of the certification, the speaker of 945
the house of representatives and the president of the senate shall 946
take such action or make such recommendations to the members of 947
the general assembly as they consider necessary to correct the 948
situation. 949

       ~~(I) Any person who intentionally misrepresents self as~~ 950
~~owning, controlling, operating, or participating in a minority~~ 951
~~business enterprise for the purpose of obtaining contracts,~~ 952
~~subcontracts, or any other benefits under this section shall be~~ 953
~~guilty of theft by deception as provided for in section 2913.02 of~~ 954
~~the Revised Code.~~ 955

       Sec. 149.305. (A) The Ohio historical society, in addition 956
to its other public functions, shall cooperate with the Ohio 957
African-American hall of fame governing board established in 958
section 149.306 of the Revised Code to establish the Ohio 959
African-American hall of fame. 960

       (B) The purpose of the hall of fame shall be to provide 961
recognition to African-Americans who have made significant 962
contributions to the state. The governing board shall select the 963
persons to be inducted into the hall of fame and conduct an annual 964
induction ceremony in the city of Columbus. 965

       (C)(1) Portraits of and biographical information regarding 966
persons inducted into the hall of fame shall initially be housed 967
and displayed in an appropriate space located within the Ohio 968
historical center in Columbus, Ohio. The society shall consult 969
with the governing board regarding the manner and location in 970
which the portraits and biographical information shall be housed 971
and displayed. 972

       (2) Central state university also shall serve as a repository 973
of information regarding persons inducted into the hall of fame. 974
The university shall consult with the governing board regarding 975
the manner and location in which the information shall be housed 976
and displayed. 977

       (D) The society and the governing board shall cooperate in 978
the selection of a permanent hall of fame site. Before any real 979
property is acquired or accepted for that purpose, they shall 980
consult with the governing board on the design, plans, and 981
specifications for the construction or modification of any 982
buildings or other visitation facilities for the hall of fame. The 983
society, in cooperation and consultation with the governing board, 984
shall establish an acquisition policy for the hall of fame. 985

       (E) There is hereby created the African-American hall of fame 986
fund, which shall be in the custody of the treasurer of state but 987
shall not be part of the state treasury. All donations of money, 988
grants, and other assistance received for purposes of the hall of 989
fame shall be deposited into the fund. Money in the fund shall be 990
used for the expenses of the society incurred in the performance 991
of its duties under this section and for the expenses of the hall 992
of fame, including the reimbursement of members of the governing 993
board. The treasurer of state shall invest any portion of the fund 994
not needed for immediate use in the same manner as, and subject to 995
all provisions of law with respect to the investment of, state 996
funds. The treasurer of state shall disburse money from the fund 997
on order of the society. 998

       (F) After the society and governing board select a permanent 999
site for the hall of fame, they shall establish a private, 1000
nonprofit organization that shall acquire title to, operate, and 1001
maintain the hall of fame. The society shall operate and maintain 1002
the hall of fame until the hall of fame and its contents are 1003
conveyed to the private, nonprofit organization. 1004

       The society may accept donations of historical items and 1005
artifacts for placement in the hall of fame and shall house those 1006
items and artifacts at the Ohio historical center in Columbus, 1007
Ohio. After a permanent hall of fame site is selected, the society 1008
shall cooperate with the private, nonprofit organization to loan 1009
those items and artifacts for interpretive purposes of the hall of 1010
fame. 1011

       Any historical items or artifacts donated to the private, 1012
nonprofit organization for placement in the hall of fame shall 1013
remain the property of the hall of fame as part of its permanent 1014
collection. 1015

       (G) Any instrument by which real property is acquired 1016
pursuant to this section shall identify the agency of the state 1017
that has the use and benefit of the real property as specified in 1018
section 5301.012 of the Revised Code. 1019

       Sec. 149.306. (A) There is hereby created the Ohio 1020
African-American hall of fame governing board to raise funds for 1021
the Ohio African-American hall of fame, to commission a business 1022
plan for implementation of the hall of fame, to advise the Ohio 1023
historical society in the performance of its duties under section 1024
149.305 of the Revised Code, and to select and induct persons into 1025
the hall of fame pursuant to that section. The board shall consist 1026
of thirteen voting members who have demonstrated interest in 1027
preserving African-American history. The members shall be 1028
appointed as follows: 1029

       (1) Three members appointed by the governor; 1030

       (2) Two members appointed by the speaker of the house of 1031
representatives; 1032

       (3) Two members appointed by the president of the senate; 1033

       (4) Two members appointed by the chair of the Ohio 1034
legislative black caucus; 1035

       (5) One member appointed by the national museum of 1036
Afro-American history and culture planning committee; 1037

       (6) One member appointed by the board of directors of the 1038
national underground railroad freedom center; 1039

       (7) One member appointed by the board of trustees of the Ohio 1040
historical society; 1041

       (8) One member appointed by the board of trustees of the 1042
Ohioana library association. 1043

       (B) Initial appointments to the governing board shall be made 1044
within ninety days after the effective date of this section. Of 1045
the initial appointments, the term of one member appointed by the 1046
governor, one member appointed by the speaker of the house of 1047
representatives, one member appointed by the president of the 1048
senate, one member appointed by the chair of the Ohio legislative 1049
black caucus, the member appointed by the board of directors of 1050
the national underground railroad freedom center, and the member 1051
appointed by the board of trustees of the Ohioana library 1052
association shall be for a term ending one year after the 1053
effective date of this section. The initial terms of all other 1054
members shall be for a term ending two years after the effective 1055
date of this section. Thereafter, terms for all members shall be 1056
for two years, with each term ending on the same day of the same 1057
month as did the term that it succeeds. Each member shall hold 1058
office from the date of the member's appointment until the end of 1059
the term for which the member was appointed. Members may be 1060
reappointed. Vacancies shall be filled in the manner provided for 1061
original appointments. Any member appointed to fill a vacancy 1062
occurring prior to the expiration date of the term for which the 1063
member's predecessor was appointed shall hold office as a member 1064
for the remainder of that term. A member shall continue in office 1065
subsequent to the expiration date of the member's term until the 1066
member's successor takes office or until a period of sixty days 1067
has elapsed, whichever occurs first. 1068

       (C) All members of the governing board shall serve without 1069
compensation, but shall be reimbursed for their actual and 1070
necessary expenses incurred in the performance of their official 1071
duties. The expenses of the governing board shall be paid out of 1072
the African-American hall of fame fund created under section 1073
149.305 of the Revised Code. 1074

       (D) The governing board shall elect a chairperson from its 1075
membership. It shall meet at least four times per year and shall 1076
keep a record of its proceedings, which shall be open to the 1077
public for inspection. A written notice of the time and place of 1078
each meeting shall be sent to each member. A majority of the 1079
members of the governing board shall constitute a quorum. 1080

       (E) The Ohio historical society may provide any necessary 1081
staff or services required by the governing board in the 1082
performance of its duties. Compensation for those services shall 1083
be paid out of the African-American hall of fame fund. 1084

       (F) The governing board may accept donations of historical 1085
items and artifacts for placement in the hall of fame and shall 1086
house those items and artifacts at the Ohio historical center in 1087
Columbus, Ohio, until a permanent hall of fame site is selected 1088
under section 149.305 of the Revised Code. After a permanent hall 1089
of fame site is selected, the governing board shall convey all 1090
donated items and artifacts to the private, nonprofit organization 1091
established under that section. All historical items and artifacts 1092
so conveyed shall remain the property of the hall of fame as part 1093
of its permanent collection. The governing board shall advise the 1094
private, nonprofit organization concerning the operation and 1095
maintenance of the hall of fame. 1096

       (G) The governing board is not subject to sections 101.82 to 1097
101.87 of the Revised Code. 1098

       Sec. 149.56. (A) As used in this section, "abandoned 1099
property" has the same meaning as in section 1506.30 of the 1100
Revised Code. 1101

       (B) The Ohio historical society shall establish a program to 1102
locate, identify, and evaluate abandoned property and other 1103
resources in Lake Erie. The society, in accordance with the 1104
authority granted under section 149.30 of the Revised Code, may 1105
list any abandoned property it finds to have historical 1106
significance on its Ohio archaeological inventory or Ohio 1107
historical inventory as the director of the society considers 1108
appropriate. In determining whether an item has historical 1109
significance, the director shall follow the criteria of the 1110
national register of historic places established in 36 C.F.R. 60. 1111
The director shall notify the director of natural resources of any 1112
abandoned property found to have historical significance. The 1113
society may use the services of volunteers to locate, identify, 1114
and evaluate abandoned property in Lake Erie. The director shall 1115
approve any volunteer programs and may recruit, train, and 1116
supervise the services of volunteers. 1117

       (C) The moneys credited to the Ohio historical society under 1118
division (C) of section 1506.35 of the Revised Code and any 1119
appropriations, contributions, gifts, and federal grants made to 1120
the Ohio historical society for the purposes of this section and 1121
the applicable provisions of sections 1506.30 to ~~1506.37~~1506.36 1122
of the Revised Code shall be placed in a separate fund within the 1123
accounts of the Ohio historical society, together with moneys 1124
credited to that fund under divisions (D)(2) and (3) of section 1125
1506.33 of the Revised Code, to be used solely to implement and 1126
administer this section and the duties assigned the society under 1127
sections 1506.30 to ~~1506.37~~1506.36 of the Revised Code. 1128

       Sec. 164.07. (A) In awarding contracts for capital 1129
improvement projects to be financed in whole or in part under this 1130
chapter, a local subdivision shall comply with the percentage 1131
requirements ~~of division (C)(1) of section 123.151 and~~ of section 1132
125.081 of the Revised Code. ~~The subdivision shall also require~~ 1133
~~compliance by its subcontractors with the requirements of division~~ 1134
~~(C)(2) of section 123.151 of the Revised Code in awarding~~ 1135
~~contracts and purchasing services and materials under those~~ 1136
~~contracts. If, after making a good faith effort, a contractor is~~ 1137
~~unable to comply with the requirements of division (C)(2) of~~ 1138
~~section 123.151 of the Revised Code because it is unable to locate~~ 1139
~~minority business enterprises available to accept subcontracts or~~ 1140
~~purchase materials or services, the contractor may apply to the~~ 1141
~~subdivision for a waiver or modification of the requirement. If~~ 1142
~~the subdivision determines that the contractor made a good faith~~ 1143
~~effort to locate and use minority business enterprises but was~~ 1144
~~unable to do so, it may waive the provisions, authorize a~~ 1145
~~reduction in the total value of the contract designated to~~ 1146
~~minority business enterprises, or require a greater percentage of~~ 1147
~~services permissible in contracts for plumbing, gas fitting, steam~~ 1148
~~and hot water heating, ventilating apparatus, steam power plant,~~ 1149
~~or electrical equipment. If the subdivision denies a request for a~~ 1150
~~waiver or modification and the contractor is unable to comply with~~ 1151
~~division (C)(2) of section 123.151 of the Revised Code, the~~ 1152
~~contract shall be terminated by the subdivision.~~ 1153

       (B) A capital improvement that is financed in whole or in 1154
part under this chapter is a public improvement, and a subdivision 1155
undertaking a capital improvement is a public authority, for 1156
purposes of section 4115.03 of the Revised Code. All contractors 1157
and subcontractors working on a capital improvement financed in 1158
whole or in part under this chapter shall comply with sections 1159
4115.03 to 4115.16 of the Revised Code. 1160

       Sec. 307.674. (A) As used in this section: 1161

       (1) "Bonds" means: 1162

       (a) Revenue bonds of the port authority described in division 1163
(B)(2)(a) of this section; 1164

       (b) Securities as defined in division (KK) of section 133.01 1165
of the Revised Code issued by the host municipal corporation, 1166
described in division (B)(3)(a) of this section; 1167

       (c) Any bonds issued to refund any of those revenue bonds or 1168
securities. 1169

       (2) "Corporation" means a nonprofit corporation that is 1170
organized under the laws of this state and that includes within 1171
the purposes for which it is incorporated the authorization to 1172
lease and operate facilities such as a port authority educational 1173
and cultural performing arts facility. 1174

       (3) "Cost," as applied to a port authority educational and 1175
cultural performing arts facility, means the cost of acquiring, 1176
constructing, renovating, rehabilitating, equipping, or improving 1177
the facility, or any combination of those purposes, collectively 1178
referred to in this section as "construction," and the cost of 1179
acquisition of all land, rights of way, property rights, 1180
easements, franchise rights, and interests required for those 1181
purposes, the cost of demolishing or removing any buildings or 1182
structures on land so acquired, including the cost of acquiring 1183
any land to which those buildings or structures may be moved, the 1184
cost of public utility and common carrier relocation or 1185
duplication, the cost of all machinery, furnishings, and 1186
equipment, financing charges, interest prior to and during 1187
construction and for not more than three years after completion of 1188
construction, costs arising under guaranty agreements, 1189
reimbursement agreements, or other credit enhancement agreements 1190
relating to bonds, engineering, expenses of research and 1191
development with respect to such facility, legal expenses, plans, 1192
specifications, surveys, studies, estimates of costs and revenues, 1193
other expenses necessary or incident to determining the 1194
feasibility or practicability of acquiring or constructing the 1195
facility, administrative expense, and other expenses as may be 1196
necessary or incident to that acquisition or construction and the 1197
financing of such acquisition or construction, including, with 1198
respect to the revenue bonds of a port authority, amounts to be 1199
paid into any special funds from the proceeds of those bonds, and 1200
repayments to the port authority, host county, host municipal 1201
corporation, or corporation of any amounts advanced for the 1202
foregoing purposes. 1203

       (4) "Debt service charges" means, for any period or payable 1204
at any time, the principal of and interest and any premium due on 1205
bonds for that period or payable at that time whether due at 1206
maturity or upon mandatory redemption, together with any required 1207
deposits to reserves for the payment of principal of and interest 1208
on those bonds, and includes any payments required by the port 1209
authority to satisfy any of its obligations under or arising from 1210
any guaranty agreements, reimbursement agreements, or other credit 1211
enhancement agreements described in division (C) of this section. 1212

       (5) "Host county" means the county within the boundaries of 1213
which the port authority educational and cultural performing arts 1214
facility is or will be located. 1215

       (6) "Host municipal corporation" means the municipal 1216
corporation within the boundaries of which the port authority 1217
educational and cultural performing arts facility is or will be 1218
located. 1219

       (7) "Port authority" means a port authority created pursuant 1220
to section 4582.22 of the Revised Code. 1221

       (8) "Port authority educational and cultural performing arts 1222
facility" means a facility that consists of a center for music or 1223
other performing arts, a theater or other facilities to provide 1224
programs of an educational, recreational, or cultural nature, or 1225
any combination of those purposes as determined by the parties to 1226
the cooperative agreement for which provision is made in division 1227
(B) of this section to fulfill the public educational, 1228
recreational, and cultural purposes set forth therein, together 1229
with all parking facilities, walkways, and other auxiliary 1230
facilities, real and personal property, property rights, 1231
easements, and interests that may be appropriate for, or used in 1232
connection with, the operation of the facility. 1233

       (B) A host county, a host municipal corporation, and a port 1234
authority may enter into a cooperative agreement with a 1235
corporation under which, as further provided for in that 1236
agreement: 1237

       (1) The host county may agree to do any or all of the 1238
following: 1239

       (a) Levy and collect a tax under division (E) and division 1240
(F) of section 5739.09 of the Revised Code for the purposes, and 1241
in an amount sufficient for those purposes, described in divisions 1242
(B)(1)(b) and (c) of this section; 1243

       (b) Pay to the port authority all or such portion as provided 1244
for in the cooperative agreement of the revenue from the tax, 1245
together with any investment earnings on that revenue, to be used 1246
to pay a portion of the costs of acquiring, constructing, 1247
renovating, rehabilitating, equipping, or improving the port 1248
authority educational and cultural performing arts facility; 1249

       (c) Pledge and pay to the corporation all or such portion as 1250
provided for in the cooperative agreement of the revenue from the 1251
tax, together with any investment earnings on that revenue, to be 1252
used to pay a portion of the costs to the corporation of leasing 1253
the port authority educational and cultural performing arts 1254
facility from the port authority. 1255

       (2) The port authority may agree to do any or all of the 1256
following: 1257

       (a) Issue its revenue bonds pursuant to section 4582.48 of 1258
the Revised Code for the purpose of paying all or a portion of the 1259
costs of the port authority educational and cultural performing 1260
arts facility; 1261

       (b) Acquire, construct, renovate, rehabilitate, equip, and 1262
improve the port authority educational and cultural performing 1263
arts facility; 1264

       (c) Lease the port authority educational and cultural 1265
performing arts facility to the corporation; 1266

       (d) To the extent provided for in the cooperative agreement 1267
or the lease to the corporation, authorize the corporation to 1268
administer on behalf of the port authority the contracts for 1269
acquiring, constructing, renovating, rehabilitating, or equipping 1270
the port authority educational and cultural performing arts 1271
facility; 1272

       (e) Use the revenue derived from the lease of the port 1273
authority educational and cultural performing arts facility to the 1274
corporation solely to pay debt service charges on revenue bonds of 1275
the port authority issued pursuant to division (B)(2)(a) of this 1276
section and to pay its obligations under or arising from any 1277
guaranty agreements, reimbursement agreements, or other credit 1278
enhancement agreements provided for in this section. 1279

       (3) The host municipal corporation may agree to do either or 1280
both of the following: 1281

       (a) Issue its bonds for the purpose of paying all or a 1282
portion of the costs of the port authority educational and 1283
cultural performing arts facility, and pay the proceeds from the 1284
issuance to the port authority for that purpose; 1285

       (b) Enter into a guaranty agreement, a reimbursement 1286
agreement, or other credit enhancement agreement with the port 1287
authority to provide a guaranty or other credit enhancement of the 1288
port authority revenue bonds referred to in division (B)(2)(a) of 1289
this section pledging taxes, other than ad valorem property taxes, 1290
or other revenues for the purpose of providing the funds required 1291
to satisfy the host municipal corporation's obligations under that 1292
agreement. 1293

       The cooperative agreement may provide that the proceeds of 1294
such securities or of such guaranty agreement, reimbursement 1295
agreement, or other credit enhancement agreement be deposited with 1296
and administered by the trustee pursuant to the trust agreement 1297
authorized in division (C) of this section. 1298

       (4) The corporation may agree to do any or all of the 1299
following: 1300

       (a) Lease the port authority educational and cultural 1301
performing arts facility from the port authority; 1302

       (b) Operate and maintain the port authority educational and 1303
cultural performing arts facility pursuant to the lease; 1304

       (c) To the extent provided for in the cooperative agreement 1305
or the lease from the port authority, administer on behalf of the 1306
port authority the contracts for acquiring, constructing, 1307
renovating, rehabilitating, or equipping the port authority 1308
educational and cultural performing arts facility. 1309

       (C) The pledge and payments referred to in divisions 1310
(B)(1)(b) and (c) of this section and provided for in the 1311
cooperative agreement shall be for the period stated in the 1312
cooperative agreement but shall not extend longer than the period 1313
necessary to provide for the final retirement of the port 1314
authority revenue bonds referred to in division (B)(2)(a) of this 1315
section, and for the satisfaction by the port authority of any of 1316
its obligations under or arising from any guaranty agreements, 1317
reimbursement agreements, or other credit enhancement agreements 1318
relating to those bonds or to the revenues pledged to them. The 1319
cooperative agreement shall provide for the termination of the 1320
cooperative agreement, including the pledge and payment referred 1321
to in division (B)(1)(c) of this section, if the port authority 1322
revenue bonds referred to in division (B)(2)(a) of this section 1323
have not been issued, sold, and delivered within five years of the 1324
effective date of the cooperative agreement. 1325

       The cooperative agreement shall provide that any port 1326
authority revenue bonds shall be secured by a trust agreement 1327
between the port authority and a corporate trustee that is a trust 1328
company or bank having the powers of a trust company within or 1329
outside the state but authorized to exercise trust powers within 1330
the state. The host county may be a party to that trust agreement 1331
for the purpose of better securing the pledge by the host county 1332
of its payment to the corporation pursuant to division (B)(1)(c) 1333
of this section. A tax levied pursuant to section 5739.09 of the 1334
Revised Code for the purposes specified in division (B)(1)(b) or 1335
(c) of this section is not subject to diminution by initiative or 1336
referendum or diminution by statute, unless provision is made for 1337
an adequate substitute reasonably satisfactory to the trustee 1338
under the trust agreement that secures the port authority revenue 1339
bonds. 1340

       (D) A pledge of money by a host county under this section 1341
shall not be net indebtedness of the host county for purposes of 1342
section 133.07 of the Revised Code. A guaranty or other credit 1343
enhancement by a host municipal corporation under this section 1344
shall not be net indebtedness of the host municipal corporation 1345
for purposes of section 133.05 of the Revised Code. 1346

       (E) If the terms of the cooperative agreement so provide, any 1347
contract for the acquisition, construction, renovation, 1348
rehabilitation, equipping, or improving of a port authority 1349
educational and cultural performing arts facility shall be made in 1350
such manner as is determined by the board of directors of the port 1351
authority, and unless the cooperative agreement provides 1352
otherwise, such a contract is not subject to division (R)(2) of 1353
section 4582.31 of the Revised Code. The port authority may take 1354
the assignment of and assume any contracts for the acquisition, 1355
construction, renovation, rehabilitation, equipping, or improving 1356
of a port authority educational and cultural performing arts 1357
facility that had previously been authorized by any of the host 1358
county, the host municipality, or the corporation. Such contracts 1359
are not subject to division (R)(2) of section 4582.31 of the 1360
Revised Code. 1361

       Any contract for the acquisition, construction, renovation, 1362
rehabilitation, equipping, or improving of a port authority 1363
educational and cultural performing arts facility entered into, 1364
assigned, or assumed pursuant to this division shall provide that 1365
all laborers and mechanics employed for the acquisition, 1366
construction, renovation, rehabilitation, equipping, or improving 1367
of that facility shall be paid at the prevailing rates of wages of 1368
laborers and mechanics for the class of work called for by the 1369
port authority educational and cultural performing arts facility, 1370
which wages shall be determined in accordance with the 1371
requirements of Chapter 4115. of the Revised Code for the 1372
determination of prevailing wage rates. 1373

       Notwithstanding any provisions to the contrary in section 1374
3383.07 of the Revised Code, construction services and general 1375
building services for a port authority educational and cultural 1376
performing arts facility funded completely or in part with money 1377
appropriated by the state to the Ohio ~~arts and sports~~cultural 1378
facilities commission may be provided by a port authority or a 1379
corporation that occupies, will occupy, or is responsible for that 1380
facility, as determined by the commission. The construction 1381
services and general building services to be provided by the port 1382
authority or the corporation shall be specified in an agreement 1383
between the commission and the port authority or corporation. That 1384
agreement, or any actions taken under it, are not subject to 1385
Chapters 123. or 153. of the Revised Code, but are subject to 1386
Chapter 4115. of the Revised Code. 1387

       Sec. 317.08. (A) Except as provided in divisions (C) and (D) 1388
of this section, the county recorder shall keep six separate sets 1389
of records as follows: 1390

       (1) A record of deeds, in which shall be recorded all deeds 1391
and other instruments of writing for the absolute and 1392
unconditional sale or conveyance of lands, tenements, and 1393
hereditaments; all notices as provided in sections 5301.47 to 1394
5301.56 of the Revised Code; all judgments or decrees in actions 1395
brought under section 5303.01 of the Revised Code; all 1396
declarations and bylaws, and all amendments to declarations and 1397
bylaws, as provided in Chapter 5311. of the Revised Code; 1398
affidavits as provided in section 5301.252 of the Revised Code; 1399
all certificates as provided in section 5311.17 of the Revised 1400
Code; all articles dedicating archaeological preserves accepted by 1401
the director of the Ohio historical society under section 149.52 1402
of the Revised Code; all articles dedicating nature preserves 1403
accepted by the director of natural resources under section 1404
1517.05 of the Revised Code; all agreements for the registration 1405
of lands as archaeological or historic landmarks under section 1406
149.51 or 149.55 of the Revised Code; all conveyances of 1407
conservation easements and agricultural easements under section 1408
5301.68 of the Revised Code; all instruments extinguishing 1409
agricultural easements under section 901.21 or 5301.691 of the 1410
Revised Code or pursuant to terms of such an easement granted to a 1411
charitable organization under section 5301.68 of the Revised Code; 1412
all instruments or orders described in division (B)(1)(c)(ii) of 1413
section 5301.56 of the Revised Code; all no further action letters 1414
issued under section 122.654 or 3746.11 of the Revised Code; all 1415
covenants not to sue issued under section 3746.12 of the Revised 1416
Code, including all covenants not to sue issued pursuant to 1417
section 122.654 of the Revised Code; any restrictions on the use 1418
of property contained in a no further action letter issued under 1419
section 122.654 of the Revised Code, any restrictions on the use 1420
of property identified pursuant to division (C)(3)(a) of section 1421
3746.10 of the Revised Code, and any restrictions on the use of 1422
property contained in a deed or other instrument as provided in 1423
division (E) or (F) of section 3737.882 of the Revised Code; any 1424
easement executed or granted under section 3734.22, 3734.24, 1425
3734.25, or 3734.26 of the Revised Code; any environmental 1426
covenant entered into in accordance with sections 5301.80 to 1427
5301.92 of the Revised Code; all memoranda of trust, as described 1428
in division (A) of section 5301.255 of the Revised Code, that 1429
describe specific real property; and all agreements entered into 1430
under division (A) of section 1521.26 of the Revised Code; 1431

       (2) A record of mortgages, in which shall be recorded all of 1432
the following: 1433

       (a) All mortgages, including amendments, supplements, 1434
modifications, and extensions of mortgages, or other instruments 1435
of writing by which lands, tenements, or hereditaments are or may 1436
be mortgaged or otherwise conditionally sold, conveyed, affected, 1437
or encumbered; 1438

       (b) All executory installment contracts for the sale of land 1439
executed after September 29, 1961, that by their terms are not 1440
required to be fully performed by one or more of the parties to 1441
them within one year of the date of the contracts; 1442

       (c) All options to purchase real estate, including 1443
supplements, modifications, and amendments of the options, but no 1444
option of that nature shall be recorded if it does not state a 1445
specific day and year of expiration of its validity; 1446

       (d) Any tax certificate sold under section 5721.33 of the 1447
Revised Code, or memorandum of it, that is presented for filing of 1448
record. 1449

       (3) A record of powers of attorney, including all memoranda 1450
of trust, as described in division (A) of section 5301.255 of the 1451
Revised Code, that do not describe specific real property; 1452

       (4) A record of plats, in which shall be recorded all plats 1453
and maps of town lots, of the subdivision of town lots, and of 1454
other divisions or surveys of lands, any center line survey of a 1455
highway located within the county, the plat of which shall be 1456
furnished by the director of transportation or county engineer, 1457
and all drawings and amendments to drawings, as provided in 1458
Chapter 5311. of the Revised Code; 1459

       (5) A record of leases, in which shall be recorded all 1460
leases, memoranda of leases, and supplements, modifications, and 1461
amendments of leases and memoranda of leases; 1462

       (6) A record of declarations executed pursuant to section 1463
2133.02 of the Revised Code and durable powers of attorney for 1464
health care executed pursuant to section 1337.12 of the Revised 1465
Code. 1466

       (B) All instruments or memoranda of instruments entitled to 1467
record shall be recorded in the proper record in the order in 1468
which they are presented for record. The recorder may index, keep, 1469
and record in one volume unemployment compensation liens, internal 1470
revenue tax liens and other liens in favor of the United States as 1471
described in division (A) of section 317.09 of the Revised Code, 1472
personal tax liens, mechanic's liens, agricultural product liens, 1473
notices of liens, certificates of satisfaction or partial release 1474
of estate tax liens, discharges of recognizances, excise and 1475
franchise tax liens on corporations, broker's liens, and liens 1476
provided for in sections 1513.33, 1513.37, 3752.13, 5111.021, and 1477
5311.18 of the Revised Code. 1478

       The recording of an option to purchase real estate, including 1479
any supplement, modification, and amendment of the option, under 1480
this section shall serve as notice to any purchaser of an interest 1481
in the real estate covered by the option only during the period of 1482
the validity of the option as stated in the option. 1483

       (C) In lieu of keeping the six separate sets of records 1484
required in divisions (A)(1) to (6) of this section and the 1485
records required in division (D) of this section, a county 1486
recorder may record all the instruments required to be recorded by 1487
this section in two separate sets of record books. One set shall 1488
be called the "official records" and shall contain the instruments 1489
listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this 1490
section. The second set of records shall contain the instruments 1491
listed in division (A)(4) of this section. 1492

       (D) Except as provided in division (C) of this section, the 1493
county recorder shall keep a separate set of records containing 1494
all corrupt activity lien notices filed with the recorder pursuant 1495
to section 2923.36 of the Revised Code and a separate set of 1496
records containing all medicaid fraud lien notices filed with the 1497
recorder pursuant to section 2933.75 of the Revised Code. 1498

       Sec. 340.02. As used in this section, "mental health 1499
professional" means a person who is qualified to work with 1500
mentally ill persons, pursuant to standards established by the 1501
director of mental health under section 5119.611 of the Revised 1502
Code. 1503

       For each alcohol, drug addiction, and mental health service 1504
district, there shall be appointed a board of alcohol, drug 1505
addiction, and mental health services of eighteen members. Members 1506
shall be residents of the district and shall be interested in 1507
mental health programs and facilities or in alcohol or drug 1508
addiction programs. 1509

       The director of mental health shall appoint four members of 1510
the board, the director of alcohol and drug addiction services 1511
shall appoint four members, and the board of county commissioners 1512
shall appoint ten members. In a joint-county district, the county 1513
commissioners of each participating county shall appoint members 1514
in as nearly as possible the same proportion as that county's 1515
population bears to the total population of the district, except 1516
that at least one member shall be appointed from each 1517
participating county. 1518

       The director of mental health shall ensure that at least one 1519
member of the board is a psychiatrist and one member of the board 1520
is a mental health professional. ~~One member of the board may be a~~ 1521
~~voting member of the citizen's advisory council of an institution~~ 1522
~~under the control of the department of mental health which serves~~ 1523
~~a hospital district in which one or more counties in the service~~ 1524
~~district is located.~~ If the appointment of a psychiatrist is not 1525
possible, as determined under rules adopted by the director, a 1526
licensed physician may be appointed in place of the psychiatrist. 1527
If the appointment of a licensed physician is not possible, the 1528
director of mental health may waive the requirement that the 1529
psychiatrist or licensed physician be a resident of the service 1530
district and appoint a psychiatrist or licensed physician from a 1531
contiguous county. The membership of the board shall, as nearly as 1532
possible, reflect the composition of the population of the service 1533
district as to race and sex. The director of mental health shall 1534
ensure that at least one member of the board is a person who has 1535
received or is receiving mental health services paid for by public 1536
funds and at least one member is a parent or other relative of 1537
such a person. 1538

       The director of alcohol and drug addiction services shall 1539
ensure that at least one member of the board is a professional in 1540
the field of alcohol or drug addiction services and one member of 1541
the board is an advocate for persons receiving treatment for 1542
alcohol or drug addiction. Of the members appointed by the 1543
director of alcohol and drug addiction services, at least one 1544
shall be a person who has received or is receiving services for 1545
alcohol or drug addiction, and at least one ~~member~~ shall be a 1546
parent or other relative of such a person. 1547

       No member or employee of a board of alcohol, drug addiction, 1548
and mental health services shall serve as a member of the board of 1549
any agency with which the board of alcohol, drug addiction, and 1550
mental health services has entered into a contract for the 1551
provision of services or facilities. No member of a board of 1552
alcohol, drug addiction, and mental health services shall be an 1553
employee of any agency with which the board has entered into a 1554
contract for the provision of services or facilities. No person 1555
shall be an employee of a board and such an agency unless the 1556
board and agency both agree in writing. 1557

       No person shall serve as a member of the board of alcohol, 1558
drug addiction, and mental health services whose spouse, child, 1559
parent, brother, sister, grandchild, stepparent, stepchild, 1560
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, 1561
daughter-in-law, brother-in-law, or sister-in-law serves as a 1562
member of the board of any agency with which the board of alcohol, 1563
drug addiction, and mental health services has entered into a 1564
contract for the provision of services or facilities. No person 1565
shall serve as a member or employee of the board whose spouse, 1566
child, parent, brother, sister, stepparent, stepchild, 1567
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, 1568
daughter-in-law, brother-in-law, or sister-in-law serves as a 1569
county commissioner of a county or counties in the alcohol, drug 1570
addiction, and mental health service district. 1571

       Each year each board member shall attend at least one 1572
inservice training session provided or approved by the department 1573
of mental health or the department of alcohol and drug addiction 1574
services. Such training sessions shall not be considered to be 1575
regularly scheduled meetings of the board. 1576

       Each member shall be appointed for a term of four years, 1577
commencing the first day of July, except that one-third of initial 1578
appointments to a newly established board, and to the extent 1579
possible to expanded boards, shall be for terms of two years, 1580
one-third of initial appointments shall be for terms of three 1581
years, and one-third of initial appointments shall be for terms of 1582
four years. No member shall serve more than two consecutive 1583
four-year terms. A member may serve for three consecutive terms 1584
only if one of the terms is for less than two years. A member who 1585
has served two consecutive four-year terms or three consecutive 1586
terms totaling less than ten years is eligible for reappointment 1587
one year following the end of the second or third term, 1588
respectively. 1589

       When a vacancy occurs, appointment for the expired or 1590
unexpired term shall be made in the same manner as an original 1591
appointment. The appointing authority shall be notified by 1592
certified mail of any vacancy and shall fill the vacancy within 1593
sixty days following ~~such~~that notice. 1594

       Any member of the board may be removed from office by the 1595
appointing authority for neglect of duty, misconduct, or 1596
malfeasance in office, and shall be removed by the appointing 1597
authority if the member's spouse, child, parent, brother, sister, 1598
stepparent, stepchild, stepbrother, stepsister, father-in-law, 1599
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or 1600
sister-in-law serves as a county commissioner of a county or 1601
counties in the service district or serves as a member or employee 1602
of the board of an agency with which the board of alcohol, drug 1603
addiction, and mental health services has entered a contract for 1604
the provision of services or facilities. The member shall be 1605
informed in writing of the charges and afforded an opportunity for 1606
a hearing. Upon the absence of a member within one year from 1607
either four board meetings or from two board meetings without 1608
prior notice, the board shall notify the appointing authority, 1609
which may vacate the appointment and appoint another person to 1610
complete the member's term. 1611

       Members of the board shall serve without compensation, but 1612
shall be reimbursed for actual and necessary expenses incurred in 1613
the performance of their official duties, as defined by rules of 1614
the departments of mental health and alcohol and drug addiction 1615
services. 1616

       Sec. 1501.04. There is hereby created in the department of 1617
natural resources a recreation and resources commission composed 1618
of the chairperson of the wildlife council created under section 1619
1531.03 of the Revised Code, the chairperson of the parks and 1620
recreation council created under section 1541.40 of the Revised 1621
Code, the chairperson of the waterways safety council created 1622
under section 1547.73 of the Revised Code, the chairperson of the 1623
technical advisory council on oil and gas created under section 1624
1509.38 of the Revised Code, the ~~chairman~~chairperson of the 1625
forestry advisory council created under section 1503.40 of the 1626
Revised Code, the chairperson of the Ohio soil and water 1627
conservation commission created under section 1515.02 of the 1628
Revised Code, ~~the chairperson of the Ohio natural areas council~~ 1629
~~created under section 1517.03 of the Revised Code,~~ the chairperson 1630
of the Ohio water advisory council created under section 1521.031 1631
of the Revised Code, the chairperson of the recycling and litter 1632
prevention advisory council created under section 1502.04 of the 1633
Revised Code, the chairperson of the Ohio geology advisory council 1634
created under section 1505.11 of the Revised Code, and five 1635
members appointed by the governor with the advice and consent of 1636
the senate, not more than three of whom shall belong to the same 1637
political party. The director of natural resources shall be an ex 1638
officio member of the commission, with a voice in its 1639
deliberations, but without the power to vote. 1640

       Terms of office of members of the commission appointed by the 1641
governor shall be for five years, commencing on the second day of 1642
February and ending on the first day of February. Each member 1643
shall hold office from the date of appointment until the end of 1644
the term for which the member was appointed. 1645

       In the event of the death, removal, resignation, or 1646
incapacity of a member of the commission, the governor, with the 1647
advice and consent of the senate, shall appoint a successor who 1648
shall hold office for the remainder of the term for which the 1649
member's predecessor was appointed. Any member shall continue in 1650
office subsequent to the expiration date of the member's term 1651
until the member's successor takes office, or until a period of 1652
sixty days has elapsed, whichever occurs first. 1653

       The governor may remove any appointed member of the 1654
commission for misfeasance, nonfeasance, or malfeasance in office. 1655

       The commission shall exercise no administrative function, but 1656
may do any of the following: 1657

       (A) Advise with and recommend to the director as to plans and 1658
programs for the management, development, utilization, and 1659
conservation of the natural resources of the state; 1660

       (B) Advise with and recommend to the director as to methods 1661
of coordinating the work of the divisions of the department; 1662

       (C) Consider and make recommendations upon any matter that 1663
the director may submit to it; 1664

       (D) Submit to the governor biennially recommendations for 1665
amendments to the conservation laws of the state. 1666

        Each member of the commission, before entering upon the 1667
discharge of the member's duties, shall take and subscribe to an 1668
oath of office, which oath, in writing, shall be filed in the 1669
office of the secretary of state. 1670

       The members of the commission shall serve without 1671
compensation, but shall be entitled to receive their actual and 1672
necessary expenses incurred in the performance of their official 1673
duties. 1674

       The commission, by a majority vote of all its members, shall 1675
adopt and amend bylaws. 1676

       To be eligible for appointment, a person shall be a citizen 1677
of the United States and an elector of the state and shall possess 1678
a knowledge of and have an interest in the natural resources of 1679
this state. 1680

       The commission shall hold at least four regular quarterly 1681
meetings each year. Special meetings shall be held at such times 1682
as the bylaws of the commission provide. Notices of all meetings 1683
shall be given in such manner as the bylaws provide. The 1684
commission shall choose annually from among its members a 1685
chairperson to preside over its meetings and a secretary to keep a 1686
record of its proceedings. A majority of the members of the 1687
commission constitutes a quorum. No advice shall be given or 1688
recommendation made without a majority of the members of the 1689
commission concurring ~~therein~~in it. 1690

       Sec. 1502.04. There is hereby created within the division of 1691
recycling and litter prevention the recycling and litter 1692
prevention advisory council consisting of thirteen members. The 1693
speaker of the house of representatives shall appoint one member 1694
of the house of representatives to the council, and the president 1695
of the senate shall appoint one member of the senate to the 1696
council. If the president of the senate belongs to the same 1697
political party as the speaker of the house of representatives, 1698
the president shall appoint a member of the senate who belongs to 1699
a different political party as recommended by the minority leader 1700
of the senate. The speaker of the house of representatives and the 1701
president of the senate shall make their initial appointments to 1702
the council within sixty days after July 20, 1994. Each member 1703
appointed by the speaker of the house of representatives or the 1704
president of the senate shall serve for a term of office of three 1705
years. The appropriate appointing authority may fill any vacancy 1706
occurring during the term of any member whom the appointing 1707
authority has appointed to the advisory council. 1708

       The remaining eleven members shall be appointed by the 1709
governor with the advice and consent of the senate and shall be 1710
persons with knowledge of or experience in recycling or litter 1711
prevention programs. The council shall have broad based 1712
representation of interests including agriculture, labor, the 1713
environment, manufacturing, wholesale and retail industry, and the 1714
public. One of the business members shall be from the commercial 1715
recycling industry, and another shall be from an industry required 1716
to pay taxes under section 5733.065 of the Revised Code. The 1717
director of natural resources shall not be a member of the 1718
council. The governor shall make initial appointments to the 1719
council within thirty days after October 20, 1987. Of the 1720
governor's initial appointments to the council, five shall be for 1721
a term of one year, and six shall be for a term of two years. 1722
Thereafter, terms of office shall be for three years. Each member 1723
appointed by the governor shall hold office from the date of the 1724
member's appointment until the end of the term for which the 1725
member was appointed. In the event of death, removal, resignation, 1726
or incapacity of a member of the council appointed by the 1727
governor, the governor, with the advice and consent of the senate, 1728
shall appoint a successor who shall hold office for the remainder 1729
of the term for which the successor's predecessor was appointed. A 1730
member shall continue in office subsequent to the expiration date 1731
of the member's term until the member's successor takes office, or 1732
until a period of sixty days has elapsed, whichever occurs first. 1733
The governor at any time may remove any of the governor's 1734
appointees from the council for misfeasance, nonfeasance, or 1735
malfeasance in office. 1736

       Members of the council may be reappointed. 1737

       The council shall hold at least four regular quarterly 1738
meetings each year. Special meetings may be held at the behest of 1739
the chairperson or a majority of the members. The council annually 1740
shall select from among its members a chairperson, a 1741
vice-chairperson, and a secretary to keep a record of its 1742
proceedings. 1743

       A majority vote of the members of the council is necessary to 1744
take action in any matter. 1745

       A member of the council shall serve without compensation for 1746
attending council meetings, but shall be reimbursed for all 1747
traveling, hotel, and other ordinary and necessary expenses 1748
incurred in the performance of the member's work as a member of 1749
the council. 1750

       Membership on the council does not constitute holding a 1751
public office or position of employment under the laws of this 1752
state and does not constitute grounds for removal of public 1753
officers or employees from their offices or positions of 1754
employment. 1755

       The council shall do all of the following: 1756

       (A) ~~Assist the interagency recycling market development~~ 1757
~~workgroup created in section 1502.10 of the Revised Code in~~ 1758
~~executing its duties under division (A) of that section;~~ 1759

       ~~(B)~~ In conjunction with the chief of recycling and litter 1760
prevention and with the approval of the director of natural 1761
resources, establish criteria by which to certify, and certify, 1762
agencies of the state, municipal corporations with a population of 1763
more than fifty thousand, counties, and solid waste management 1764
districts as eligible to receive grants under section 1502.05 of 1765
the Revised Code; 1766

       ~~(C)~~(B) In conjunction with the chief and with the approval of 1767
the director, establish criteria by which to certify, and certify, 1768
political subdivisions for receipt of special grants for 1769
activities or projects that are intended to accomplish the 1770
purposes of any of the programs established under section 1502.03 1771
of the Revised Code; 1772

       ~~(D)~~(C) Advise the chief in carrying out the chief's duties 1773
under this chapter. 1774

       Sec. 1502.05. (A) The chief of recycling and litter 1775
prevention, pursuant to division ~~(B)~~(A) of section 1502.04 of the 1776
Revised Code and with the approval of the director of natural 1777
resources, may make grants from the recycling and litter 1778
prevention fund created in section 1502.02 of the Revised Code to 1779
accomplish the purposes of the programs established under section 1780
1502.03 of the Revised Code. 1781

       (B) Except as provided in division (C) of this section, the 1782
chief, with the approval of the director, may require any eligible 1783
applicant certified by the recycling and litter prevention 1784
advisory council under division ~~(B)~~(A) of section 1502.04 of the 1785
Revised Code that applies for a grant for an activity or project 1786
that is intended to further the purposes of any program 1787
established under division (A)(1), (2), or (4) of section 1502.03 1788
of the Revised Code to provide a matching contribution of not more 1789
than fifty per cent of the grant. 1790

       (C) Notwithstanding division (B) of this section, any grant 1791
awarded under division (A) of this section to foster cooperative 1792
research and development regarding recycling or the cooperative 1793
establishment or expansion of private recycling facilities or 1794
programs shall be made in conjunction with a contribution to the 1795
project by a cooperating enterprise that maintains or proposes to 1796
maintain a relevant research and development or recycling facility 1797
or program in this state or by an agency of the state, provided 1798
that funding provided by a state agency shall not be provided from 1799
general revenue funds appropriated by the general assembly. No 1800
grant made under division (A) of this section for the purposes 1801
described in this division shall exceed the contribution made by 1802
the cooperating enterprise or state agency. The chief may consider 1803
cooperating contributions in the form of state of the art new 1804
equipment or in other forms if the chief determines that the 1805
contribution is essential to the successful implementation of the 1806
project. 1807

       Grants made under division (A) of this section for the 1808
purposes described in this division shall be made in such form and 1809
conditioned on such terms as the chief considers to be 1810
appropriate. 1811

       (D)(1) The chief, with the approval of the director, may 1812
require any eligible applicant certified by the recycling and 1813
litter prevention advisory council under division ~~(B)~~(A) of 1814
section 1502.04 of the Revised Code that applies for a grant that 1815
is intended to further the purposes of the program established 1816
under division (A)(3) of section 1502.03 of the Revised Code, 1817
except any eligible applicant that is or is located in a county 1818
that has a per capita income equal to or below ninety per cent of 1819
the median county per capita income of the state as determined by 1820
the chief using the most recently available figures from the 1821
United States census bureau, to provide a matching contribution as 1822
follows: 1823

       (a) Up to ten per cent of the grant from any eligible 1824
applicant that is or is located in a county that has a per capita 1825
income above ninety per cent of the median county per capita 1826
income of the state, but equal to or below one hundred per cent of 1827
the median county per capita income of the state; 1828

       (b) Up to twenty per cent of the grant from any eligible 1829
applicant that is or is located in a county that has a per capita 1830
income above the median county per capita income of the state. 1831

       (2) If the eligible applicant is a joint solid waste 1832
management district or is filing a joint application on behalf of 1833
two or more counties, the matching contribution required under 1834
division (D)(1) of this section shall be the average of the 1835
matching contributions of all of the counties covered by the 1836
application as determined in accordance with that division. The 1837
matching contribution of a county that has a per capita income 1838
equal to or below ninety per cent of the median county per capita 1839
income of the state shall be included as zero in calculating the 1840
average matching contribution. 1841

       (E) After receiving notice from the director of environmental 1842
protection that each county within the state is subject to the 1843
solid waste management plan of a solid waste management district, 1844
the chief shall ensure that not less than fifty per cent of the 1845
moneys distributed as grants under this section shall be expended 1846
for the purposes of recycling and recycling market development. 1847

       Sec. 1502.11. (A) ~~Not later than December 31, 1994, the~~ 1848
~~interagency recycling market development workgroup~~The chief of 1849
recycling and litter prevention shall prepare, with the assistance 1850
of the recycling and litter prevention advisory council, and the 1851
director of natural resources shall approve ~~the initial Ohio~~ 1852
~~recycling market development plan. Thereafter~~, a revised Ohio 1853
recycling market development plan ~~shall be prepared and approved~~ 1854
not later than the thirty-first day of December every two years. 1855
The 1856

       ~~The Ohio recycling market development~~ plan shall do all of 1857
the following: 1858

       (1) Identify the types of recyclables, the recycling of which 1859
will receive assistance under the plan; 1860

       (2) Assess the need for and recommend specific types of 1861
direct financial assistance to be provided by the state, including 1862
grants, low-interest loans, bonds, and rebates and guarantees for 1863
projects such as retooling costs for manufacturers and industrial 1864
plants to use recycled materials, capitalization business 1865
incubators, new product research and development, demonstration 1866
projects, and the application and uses of recycled materials; 1867

       (3) Assess the need for and recommend specific types of other 1868
assistance to be provided by the state, including the creation of 1869
enterprise zones and other tax incentives and exemptions, job 1870
training and managerial assistance, facilitation of technology 1871
transfers, provision of technical information to industries and to 1872
counties, townships, municipal corporations, and solid waste 1873
management districts, provision of consumer information, and 1874
establishment of a computer information network; 1875

       (4) Designate a specific state agency to administer each 1876
component of the plan recommended under divisions (A)(2) and (3) 1877
of this section; 1878

       (5) Determine the funding level needed for each component of 1879
the plan recommended under divisions (A)(2) and (3) of this 1880
section, and establish biennial budget estimates for the main 1881
operating biennial budget needed by the state agency designated to 1882
administer the component under division (A)(4) of this section; 1883

       (6) Recommend necessary statutory changes, provided that the 1884
changes have been endorsed by a two-thirds vote of the recycling 1885
and litter prevention advisory council. 1886

       (B) ~~In preparing the initial plan under division (A) of this~~ 1887
~~section, the workgroup shall review existing programs of state~~ 1888
~~agencies to determine which programs can be used to increase state~~ 1889
~~support of recycling and recycling market development. In~~ 1890
~~particular, the workgroup shall do all of the following:~~ 1891

       ~~(1) With regard to the department of natural resources,~~ 1892
~~review the types and amounts of grants awarded by the chief of~~ 1893
~~recycling and litter prevention under section 1502.05 of the~~ 1894
~~Revised Code to determine which of those grants should be~~ 1895
~~continued using moneys appropriated from the recycling and litter~~ 1896
~~prevention fund created in section 1502.02 of the Revised Code;~~ 1897

       ~~(2) With regard to the department of development, determine~~ 1898
~~which existing industrial development programs administered by the~~ 1899
~~department can be used to implement any of the components of the~~ 1900
~~plan recommended under divisions (A)(2) and (3) of this section;~~ 1901

       ~~(3) With regard to the environmental protection agency:~~ 1902

       ~~(a) Review recycling information obtained through solid waste~~ 1903
~~management plans prepared by solid waste management districts~~ 1904
~~under sections 3734.50 to 3734.575 of the Revised Code;~~ 1905

       ~~(b) Determine the feasibility of authorizing solid waste~~ 1906
~~management districts to provide revolving loans for local~~ 1907
~~recycling industrial development.~~ 1908

       ~~(C)~~ Each revised plan prepared under division (A) of this 1909
section shall do both of the following: 1910

       (1) Review the relevant activities of each state agency 1911
designated to administer a component of the previous plan; 1912

       (2) Recommend any needed changes in the components of the 1913
previous plan prepared under divisions (A)(1) to (6) of this 1914
section, including the addition or deletion of any components. 1915

       ~~(D)~~(C) Each state agency that is designated under the plan to 1916
administer a component of the plan shall do both of the following: 1917

       (1) Administer ~~each such~~that component as provided in the 1918
plan; 1919

       (2) Include in its biennial budget estimates for the main 1920
operating biennial budget the budget estimates established 1921
pursuant to division (A)(5) of this section. 1922

       ~~(E)~~(D) A copy of each plan prepared under this section shall 1923
be submitted upon completion to the governor, the speaker of the 1924
house of representatives, and the president of the senate. 1925

       Sec. 1502.12. (A) There is hereby created in the state 1926
treasury the scrap tire grant fund, consisting of moneys 1927
transferred to the fund under section 3734.82 of the Revised Code. 1928
The chief of the division of recycling and litter prevention, with 1929
the approval of the director of natural resources, may make grants 1930
from the fund for the purpose of supporting market development 1931
activities for scrap tires. The grants may be awarded to 1932
individuals, businesses, and entities certified under division 1933
~~(B)~~(A) of section 1502.04 of the Revised Code. 1934

       (B) Projects and activities that are eligible for grants 1935
under this section shall be evaluated for funding using, at a 1936
minimum, the following criteria: 1937

       (1) The degree to which a proposed project contributes to the 1938
increased use of scrap tires generated in this state; 1939

       (2) The degree of local financial support for a proposed 1940
project; 1941

       (3) The technical merit and quality of a proposed project. 1942

       Sec. 1506.30. As used in sections 1506.30 to ~~1506.37~~1506.36 1943
of the Revised Code: 1944

       (A) "Abandoned property" means a submerged aircraft; a 1945
submerged watercraft, including a ship, boat, canoe, skiff, raft, 1946
or barge; the rigging, gear, fittings, trappings, and equipment of 1947
a submerged aircraft or watercraft; the personal property of the 1948
officers, crew, and passengers of a submerged aircraft or 1949
watercraft; the cargo of a submerged aircraft or watercraft that 1950
has been deserted, relinquished, cast away, or left behind and for 1951
which attempts at reclamation have been abandoned by the owners 1952
and insurers; and submerged materials resulting from activities of 1953
prehistoric and historic native Americans. 1954

       (B) "Lake Erie" means that portion of the waters and lands of 1955
Lake Erie belonging to the state as provided in section 1506.10 of 1956
the Revised Code. 1957

       (C) "Historical value" means the quality of significance 1958
exemplified by an object, structure, site, or district that is 1959
included in or eligible for inclusion in the state registry of 1960
archaeological landmarks authorized under section 149.51 of the 1961
Revised Code, the state registry of historic landmarks authorized 1962
under section 149.55 of the Revised Code, or the national register 1963
of historic places. 1964

       (D) "Marine surveyor" means a person engaged in the business 1965
of mapping or surveying submerged lands and abandoned property. 1966

       (E) "Mechanical or other assistance" means all ~~manmade~~ 1967
artificial devices used to raise or remove artifacts from 1968
abandoned property, including pry bars, wrenches and other hand or 1969
power tools, cutting torches, explosives, winches, flotation bags, 1970
lines to surface, extra divers buoyancy devices, and other 1971
buoyancy devices. 1972

       (F) "Recreational value" means value relating to an activity 1973
in which the public engages or may engage for recreation or sport, 1974
including scuba diving and fishing, as determined by the director 1975
of natural resources. 1976

       Sec. 1506.34. (A) The director of natural resources, with 1977
the approval of the director of the Ohio historical society, shall 1978
establish policies and may adopt rules necessary to implement and 1979
administer sections 1506.30 to ~~1506.37~~1506.36 of the Revised 1980
Code. Not less than forty-five days prior to adopting a rule under 1981
this section or section 1506.31 of the Revised Code, the director 1982
of natural resources shall send a copy of the proposed rule to the 1983
director of the Ohio historical society, who shall promptly review 1984
it. Not more than thirty days after receiving the proposed rule, 1985
the director of the Ohio historical society shall return the rule 1986
to the director of natural resources together with ~~his~~the former 1987
director's written approval or disapproval of the proposed rule. 1988
If hethe director of the Ohio historical society disapproves the 1989
rule, hethe director shall explain the reasons for ~~his~~the 1990
disapproval and any amendments to the rule hethe director 1991
considers necessary to obtain ~~his~~the director's approval. The 1992
director of natural resources shall not adopt a rule under those 1993
sections that has not been approved by the director of the Ohio 1994
historical society. If the director of the Ohio historical society 1995
does not respond within thirty days as prescribed in this section, 1996
the rule is deemed approved by ~~him~~the director. 1997

       (B) The director of natural resources shall inform the public 1998
of the requirements of sections 1506.30 to ~~1506.37~~1506.36 of the 1999
Revised Code and any policies established and rules adopted under 2000
them. In complying with this section, the director may establish 2001
or conduct educational programs or seminars, print and distribute 2002
informational pamphlets, and provide detailed information to 2003
organizations that conduct scuba diving training programs. 2004

       (C) The director of natural resources may hire or contract 2005
with a marine archaeologist, a marine historian, a marine 2006
surveyor, or any combination ~~thereof~~of these persons for the 2007
purposes of implementing and administering sections 1506.30 to 2008
~~1506.37~~1506.36 of the Revised Code and any rules adopted under 2009
them. 2010

       Sec. 1506.35. (A) The director of natural resources may 2011
suspend or revoke, in accordance with Chapter 119. of the Revised 2012
Code, a permit issued under section 1506.32 of the Revised Code if 2013
the permit holder has done either of the following: 2014

       (1) Failed to comply with sections 1506.30 to ~~1506.37~~1506.36 2015
of the Revised Code, any rules adopted under those sections, or 2016
any provision or condition of ~~his~~the holder's permit; 2017

       (2) Damaged abandoned property other than in accordance with 2018
the provisions or conditions of the permit. 2019

       (B) Any motor vehicle, as defined in section 4501.01 of the 2020
Revised Code, watercraft, as defined in section 1547.01 of the 2021
Revised Code, mechanical or other assistance, scuba gear, sonar 2022
equipment, or other equipment used by any person in the course of 2023
committing a third or subsequent violation of division (K) of 2024
section 1506.32 of the Revised Code shall be considered contraband 2025
for the purposes of sections 2933.42 and 2933.43 of the Revised 2026
Code, except that proceeds from the sale of such contraband shall 2027
be disposed of in the following order: 2028

       (1) To the payment of the costs incurred in the forfeiture 2029
proceedings under section 2933.43 of the Revised Code; 2030

       (2) To the payment of the balance due on any security 2031
interest preserved under division (C) of section 2933.43 of the 2032
Revised Code; 2033

       (3) To the payment of any costs incurred by the seizing 2034
agency under section 2933.43 of the Revised Code in connection 2035
with the storage, maintenance, security, and forfeiture of the 2036
contraband; 2037

       (4) Fifty per cent of the remaining money to the credit of 2038
the Lake Erie submerged lands preserves fund created in division 2039
(C) of this section, and fifty per cent of the remaining money to 2040
the Ohio historical society for deposit into the fund created 2041
pursuant to division (C) of section 149.56 of the Revised Code. 2042

       (C) There is hereby created in the state treasury the Lake 2043
Erie submerged lands preserves fund. The fund shall be composed of 2044
moneys credited to it under division (B)(4) of this section and 2045
division (D)(2) of section 1506.33 of the Revised Code, all 2046
appropriations, contributions, and gifts made to it, and any 2047
federal grants received by the department of natural resources for 2048
the purposes of sections 1506.30 to ~~1506.37~~1506.36 of the Revised 2049
Code. The director shall use the moneys in the Lake Erie submerged 2050
lands preserves fund solely to implement and administer sections 2051
1506.30 to ~~1506.37~~1506.36 of the Revised Code. 2052

       (D) The director may request the attorney general to, and the 2053
attorney general shall, bring a civil action in any court of 2054
competent jurisdiction for any of the following purposes: 2055

       (1) To enforce compliance with or restrain violation of 2056
sections 1506.30 to ~~1506.37~~1506.36 of the Revised Code, any rules 2057
adopted under those sections, or any permit issued under section 2058
1506.32 of the Revised Code; 2059

       (2) To enjoin the further removal of abandoned property or 2060
archaeological material from Lake Erie; 2061

       (3) To order the restoration of an area affected by a 2062
violation of sections 1506.30 to ~~1506.37~~1506.36 of the Revised 2063
Code or of a permit issued under section 1506.32 of the Revised 2064
Code to its prior condition. 2065

       Any action under this division is a civil action, governed by 2066
the Rules of Civil Procedure. 2067

       (E) A peace officer of a county, township, or municipal 2068
corporation, and a preserve officer, wildlife officer, park 2069
officer, or watercraft officer designated under section 1517.10, 2070
1531.13, 1541.10, or 1547.521 of the Revised Code, as applicable, 2071
may enforce compliance with sections 1506.30 to ~~1506.37~~1506.36 of 2072
the Revised Code, any rules adopted under those sections, and any 2073
permit issued under section 1506.32 of the Revised Code and may 2074
make arrests for violation of those laws, rules, and permits. 2075

       Sec. 1517.02. There is hereby created in the department of 2076
natural resources the division of natural areas and preserves, 2077
which shall be administered by the chief of ~~the division of~~ 2078
natural areas and preserves. The chief shall take an oath of 2079
office and shall file in the office of the secretary of state a 2080
bond signed by ~~him~~the chief and by a surety approved by the 2081
governor for a sum fixed pursuant to section 121.11 of the Revised 2082
Code. 2083

       The chief shall~~, in consultation from time to time with the~~ 2084
~~Ohio natural areas council,~~ administer a system of nature 2085
preserves and wild, scenic, and recreational river areas. The 2086
chief shall establish a system of nature preserves through 2087
acquisition and dedication of natural areas of state or national 2088
significance, which shall include, but not be limited to, areas 2089
which represent characteristic examples of Ohio's natural 2090
landscape types and its natural vegetation and geological history. 2091
The chief shall encourage landowners to dedicate areas of unusual 2092
significance as nature preserves, and shall establish and maintain 2093
a registry of natural areas of unusual significance. 2094

       The chief may supervise, operate, protect, and maintain wild, 2095
scenic, and recreational river areas, as designated by the 2096
director of natural resources. The chief may cooperate with 2097
federal agencies administering any federal program concerning 2098
wild, scenic, or recreational river areas. 2099

       The chief may, with the approval of the director, enter into 2100
an agreement with the United States department of commerce under 2101
the "Coastal Zone Management Act of 1972," 86 Stat. 1280, 16 2102
U.S.C.A. 1451, as amended, for the purpose of receiving grants to 2103
continue the management, operation, research, and programming at 2104
old woman creek national estuarine research reserve. 2105

       The chief shall do the following: 2106

       (A) Formulate policies and plans for the acquisition, use, 2107
management, and protection of nature preserves; 2108

       (B) Formulate policies for the selection of areas suitable 2109
for registration; 2110

       (C) Formulate policies for the dedication of areas as nature 2111
preserves; 2112

       (D) Prepare and maintain surveys and inventories of natural 2113
areas and habitats of rare and endangered species of plants and 2114
animals; 2115

       (E) Adopt rules for the use, visitation, and protection of 2116
nature preserves, "natural areas owned or managed through 2117
easement, license, or lease by the department and administered by 2118
the division," and lands owned "or managed through easement, 2119
license, or lease" by the department and administered by the 2120
division which are within or adjacent to any wild, scenic, or 2121
recreational river area, in accordance with Chapter 119. of the 2122
Revised Code; 2123

       (F) Provide facilities and improvements within the state 2124
system of nature preserves that are necessary for their 2125
visitation, use, restoration, and protection and do not impair 2126
their natural character; 2127

       (G) ~~Consult with the Ohio natural areas council in advance of~~ 2128
~~any improvement, development, or change in use of a nature~~ 2129
~~preserve that is inconsistent with the rules governing their use;~~ 2130

       ~~(H)~~ Provide interpretive programs and publish and disseminate 2131
information pertaining to nature preserves and natural areas for 2132
their visitation and use; 2133

       ~~(I)~~(H) Conduct and grant permits to qualified persons for the 2134
conduct of scientific research and investigations within nature 2135
preserves; 2136

       ~~(J)~~(I) Establish an appropriate system for marking nature 2137
preserves; 2138

       ~~(K)~~(J) Publish and submit to the governor and the general 2139
assembly a biennial report of the status and condition of each 2140
nature preserve, activities conducted within each preserve, and 2141
plans and recommendations for natural area preservation. 2142

       Sec. 1517.05. The department of natural resources, for and 2143
on behalf of the state, shall acquire a system of nature preserves 2144
for the following uses and purposes: 2145

       (A) For scientific research in such fields as ecology, 2146
taxonomy, genetics, forestry, pharmacology, agriculture, soil 2147
science, geology, paleontology, conservation, and similar fields; 2148

       (B) For the teaching of biology, natural history, ecology, 2149
geology, conservation, and other subjects; 2150

       (C) As habitats for plant and animal species and communities 2151
and other natural objects; 2152

       (D) As reservoirs of natural materials; 2153

       (E) As places of natural interest and beauty; 2154

       (F) For visitation whereby persons may observe and experience 2155
natural biotic and environmental systems of the earth and their 2156
processes; 2157

       (G) To promote understanding and appreciation of the 2158
aesthetic, cultural, scientific, and spiritual values of such 2159
areas by the people of the state; 2160

       (H) For the preservation and protection of nature preserves 2161
against modification or encroachment resulting from occupation, 2162
development, or other use that would destroy their natural or 2163
aesthetic conditions. 2164

       The director of natural resources~~, upon the advice and~~ 2165
~~concurrence of the Ohio natural areas council,~~ shall accept 2166
natural areas by articles of dedication or gift, provided that 2167
funds and services are available for their preservation and 2168
protection. 2169

       A nature preserve is established when articles of dedication 2170
have been filed by or at the direction of the owner of land, or a 2171
governmental agency having ownership or control thereof, in the 2172
office of the county recorder of the county in which the land is 2173
located. 2174

       Articles of dedication shall be executed by the owner of the 2175
land in the same manner and with the same effect as a conveyance 2176
of an interest in land and shall be irrevocable except as provided 2177
in this section. The county recorder may not accept articles of 2178
dedication for recording unless they have been accepted by the 2179
director of natural resources. The director may not accept 2180
articles of dedication unless they contain terms restricting the 2181
use of the land that adequately provide for its preservation and 2182
protection against modification or encroachment resulting from 2183
occupation, development, or other use that would destroy its 2184
natural or aesthetic conditions for one or more of the uses and 2185
purposes set forth in this section. Wherever possible and 2186
consistent with such preservation and protection of the land, the 2187
articles shall provide for public access in order that the maximum 2188
benefit be obtained for the uses and purposes stated in this 2189
section. 2190

       Articles of dedication may contain provisions for the 2191
management, custody, and transfer of land, provisions defining the 2192
rights of the owner or operating agency, and the department, and 2193
~~such~~ other provisions ~~as may be~~ necessary or advisable to carry 2194
out the uses and purposes for which the land is dedicated. They 2195
may contain conditions under which the owner and the director of 2196
natural resources may agree to rescind the articles. 2197

       The attorney general, upon request of the director of natural 2198
resources, may bring an action for injunction in any court of 2199
competent jurisdiction to enforce the terms of articles of 2200
dedication. 2201

       The department may make or accept amendments of any articles 2202
of dedication upon terms and conditions that will not destroy the 2203
natural or aesthetic conditions of a preserve. If the fee simple 2204
interest in the area or preserve is not held by the state, no 2205
amendments shall be made without the written consent of the owner. 2206
Each amendment shall be recorded in the same manner as the 2207
articles of dedication. 2208

       Sec. 1517.23. ~~With the advice of the Ohio natural areas~~ 2209
~~council created under section 1517.03 of the Revised Code, the~~The 2210
chief of the division of natural areas and preserves shall do both 2211
of the following: 2212

       (A) Formulate policies and plans and establish a program 2213
incorporating them for the identification and protection of the 2214
state's cave resources and adopt, amend, or rescind rules in 2215
accordance with Chapter 119. of the Revised Code to implement that 2216
program; 2217

       (B) Provide technical assistance and management advice to 2218
owners upon request concerning the protection of caves on their 2219
land. 2220

       Sec. 1518.01. ~~With the advice of the natural areas council,~~ 2221
~~the~~The chief of ~~the division of~~ natural areas and preserves shall 2222
adopt and may amend or rescind rules, in accordance with Chapter 2223
119. of the Revised Code, setting forth criteria for identifying 2224
and designating species of plants native to ~~Ohio which~~this state 2225
that are in danger of extirpation or ~~which~~ are threatened with 2226
becoming endangered. The chief shall adopt and may amend or 2227
rescind rules, in accordance with Chapter 119. of the Revised 2228
Code, setting forth a list of the plants that hethe chief 2229
determines to be endangered or threatened with extirpation from 2230
this state, applying the criteria so developed. This list shall 2231
identify the common and scientific names of each species. The list 2232
shall include all species native to this state ~~which~~that are 2233
listed on the "United States list of endangered and threatened 2234
wildlife and plants" pursuant to the "Endangered Species Act of 2235
1973," 87 Stat. 884, 16 U.S.C. 1531-1543, as amended. Further, the 2236
chief may produce for public education purposes, lists of plant 2237
species, which shall include the names of species of plants~~, which~~ 2238
that may become threatened in the future through habitat loss, 2239
commercial exploitation, or other means. 2240

       Sec. 1518.03. ~~With the advice of the natural areas council,~~ 2241
~~the~~The chief of ~~the division of~~ natural areas and preserves shall 2242
adopt and may amend or repeal rules, in accordance with Chapter 2243
119. of the Revised Code, restricting the taking, possessing, 2244
transportation, sale, offering for sale, or exposure for sale, for 2245
commercial purposes of native Ohio species of wild plants or parts 2246
~~thereof~~of them, that are listed as endangered or threatened by 2247
rule adopted under section 1518.01 of the Revised Code. The rules 2248
may prohibit the taking of any endangered or threatened plant, or 2249
parts ~~thereof~~of it, for commercial purposes, from any wood lot, 2250
field, or forest, or from any other location in which ~~such~~that 2251
plant is found growing in its native habitat. This section does 2252
not prevent any ~~nurseryman~~nurseryperson or dealer who is licensed 2253
under Chapter 927. of the Revised Code, from selling, offering for 2254
sale, shipping, or otherwise disposing of any endangered or 2255
threatened plants or parts ~~thereof~~of them when ~~such~~those plants 2256
have been commercially grown by a licensed nursery or legally 2257
imported into this state. For the purposes of this section, 2258
"commercial purposes" means with intent to sell or trade 2259
endangered or threatened plants for gain or profit. "Commercially 2260
grown" means to grow plants under cultivation in tilled plots or 2261
in a greenhouse. 2262

       The rules shall provide for the taking of species endangered 2263
or threatened with statewide extirpation for botanical, 2264
educational, and scientific purposes, and for propagation in 2265
captivity to preserve the species, with written permission from 2266
the chief. The rules shall not prohibit the taking or possession 2267
of species listed on the "United States list of endangered and 2268
threatened wildlife and plants" for botanical, educational, or 2269
scientific purposes, or for propagation in captivity to preserve 2270
the species, under a permit or license from the United States or 2271
any instrumentality ~~thereof~~of the United States. 2272

       Sec. 1551.35. (A) There is hereby established a technical 2273
advisory committee to assist the director of the Ohio coal 2274
development office in achieving the office's purposes. The 2275
director shall appoint to the committee one member of the public 2276
utilities commission and one representative each of coal 2277
production companies, the united mine workers of America, electric 2278
utilities, manufacturers that use Ohio coal, and environmental 2279
organizations, as well as two people with a background in coal 2280
research and development technology, one of whom is employed at 2281
the time of the member's appointment by a state university, as 2282
defined in section 3345.011 of the Revised Code. In addition, the 2283
committee shall include four legislative members. The speaker and 2284
minority leader of the house of representatives each shall appoint 2285
one member of the house of representatives, and the president and 2286
minority leader of the senate each shall appoint one member of the 2287
senate, to the committee. The director of environmental 2288
protection,and the director of development~~, and one member of the~~ 2289
~~Ohio water development authority designated by that authority,~~ 2290
shall serve on the committee as ex officio members ~~ex officio~~. Any 2291
member of the committee may designate in writing a substitute to 2292
serve in the member's absence on the committee. The director of 2293
environmental protection may designate in writing the chief of the 2294
air pollution control division of the agency to represent the 2295
agency. Members shall serve on the committee at the pleasure of 2296
their appointing authority. Members of the committee appointed by 2297
the director of the office and, notwithstanding section 101.26 of 2298
the Revised Code, legislative members of the committee, when 2299
engaged in their official duties as members of the committee, 2300
shall be compensated on a per diem basis in accordance with 2301
division (J) of section 124.15 of the Revised Code, except that 2302
the member of the public utilities commission and, while employed 2303
by a state university, the member with a background in coal 2304
research, shall not be so compensated. Members shall receive their 2305
actual and necessary expenses incurred in the performance of their 2306
duties. 2307

       (B) The technical advisory committee shall review and make 2308
recommendations concerning the Ohio coal development agenda 2309
required under section 1551.34 of the Revised Code, project 2310
proposals, research and development projects submitted to the 2311
office by public utilities for the purpose of section 4905.304 of 2312
the Revised Code, proposals for grants, loans, and loan guarantees 2313
for purposes of sections 1555.01 to 1555.06 of the Revised Code, 2314
and such other topics as the director of the office considers 2315
appropriate. 2316

       (C) The technical advisory committee may hold an executive 2317
session at any regular or special meeting for the purpose of 2318
considering research and development project proposals or 2319
applications for assistance submitted to the Ohio coal development 2320
office under section 1551.33, or sections 1555.01 to 1555.06, of 2321
the Revised Code, to the extent that ~~such~~the proposals or 2322
applications consist of trade secrets or other proprietary 2323
information. 2324

       Any materials or data submitted to, made available to, or 2325
received by the Ohio air quality development authority or the 2326
director of the Ohio coal development office in connection with 2327
agreements for assistance entered into under this chapter or 2328
Chapter 1555. of the Revised Code, or any information taken from 2329
~~such~~those materials or data for any purpose, to the extent that 2330
the materials or data consist of trade secrets or other 2331
proprietary information, are not public records for the purposes 2332
of section 149.43 of the Revised Code. 2333

       As used in this division, "trade secrets" has the same 2334
meaning as in section 1333.61 of the Revised Code. 2335

       Sec. 2505.02. (A) As used in this section: 2336

       (1) "Substantial right" means a right that the United States 2337
Constitution, the Ohio Constitution, a statute, the common law, or 2338
a rule of procedure entitles a person to enforce or protect. 2339

       (2) "Special proceeding" means an action or proceeding that 2340
is specially created by statute and that prior to 1853 was not 2341
denoted as an action at law or a suit in equity. 2342

       (3) "Provisional remedy" means a proceeding ancillary to an 2343
action, including, but not limited to, a proceeding for a 2344
preliminary injunction, attachment, discovery of privileged 2345
matter, suppression of evidence, or a prima-facie showing pursuant 2346
to section 2307.85 or 2307.86 of the Revised Code, a prima-facie 2347
showing pursuant to section 2307.92 of the Revised Code, or a 2348
finding made pursuant to division (A)(3) of section 2307.93 of the 2349
Revised Code. 2350

       (B) An order is a final order that may be reviewed, affirmed, 2351
modified, or reversed, with or without retrial, when it is one of 2352
the following: 2353

       (1) An order that affects a substantial right in an action 2354
that in effect determines the action and prevents a judgment; 2355

       (2) An order that affects a substantial right made in a 2356
special proceeding or upon a summary application in an action 2357
after judgment; 2358

       (3) An order that vacates or sets aside a judgment or grants 2359
a new trial; 2360

       (4) An order that grants or denies a provisional remedy and 2361
to which both of the following apply: 2362

       (a) The order in effect determines the action with respect to 2363
the provisional remedy and prevents a judgment in the action in 2364
favor of the appealing party with respect to the provisional 2365
remedy. 2366

       (b) The appealing party would not be afforded a meaningful or 2367
effective remedy by an appeal following final judgment as to all 2368
proceedings, issues, claims, and parties in the action. 2369

       (5) An order that determines that an action may or may not be 2370
maintained as a class action; 2371

       (6) An order determining the constitutionality of any changes 2372
to the Revised Code made by Am. Sub. S.B. 281 of the 124th general 2373
assembly, including the amendment of sections 1751.67, 2117.06, 2374
2305.11, 2305.15, 2305.234, 2317.02, 2317.54, 2323.56, 2711.21, 2375
2711.22, 2711.23, 2711.24, 2743.02, 2743.43, 2919.16, 3923.63, 2376
3923.64, ~~3929.71,~~ 4705.15, and 5111.018, and the enactment of 2377
sections 2305.113, 2323.41, 2323.43, and 2323.55 of the Revised 2378
Code. 2379

       (C) When a court issues an order that vacates or sets aside a 2380
judgment or grants a new trial, the court, upon the request of 2381
either party, shall state in the order the grounds upon which the 2382
new trial is granted or the judgment vacated or set aside. 2383

       (D) This section applies to and governs any action, including 2384
an appeal, that is pending in any court on July 22, 1998, and all 2385
claims filed or actions commenced on or after July 22, 1998, 2386
notwithstanding any provision of any prior statute or rule of law 2387
of this state. 2388

       Sec. 3358.10. Sections 3354.10, 3354.121, 3354.15, and 2389
3354.16~~, and 3354.161~~ of the Revised Code apply to state community 2390
college districts and their boards of trustees. 2391

       Sec. 3375.61. In recognition of the work the ~~Martha Kinney~~ 2392
~~Cooper~~ Ohioana Library Association, Martha Kinney Cooper Memorial, 2393
a corporation organized not for profit under the laws of this 2394
state, has done and is doing to collect, promote, publicize, and 2395
make available to the public the cultural, literary, scientific, 2396
social, and economic achievements of Ohioans, the state may grant 2397
financial aid to ~~said~~that corporation in order that the purposes 2398
for which it was instituted may be fostered and its services to 2399
the public improved and expanded. 2400

       Sec. 3375.62. The governor shall appoint four members of the 2401
board of trustees of the ~~Martha Kinney Cooper~~ Ohioana Library 2402
Association, Martha Kinney Cooper Memorial. Terms of office shall 2403
be for four years, commencing on the sixteenth day of September 2404
and ending on the fifteenth day of September~~, except that upon~~ 2405
~~expiration of the term ending January 8, 1976, the new term which~~ 2406
~~succeeds it shall commence on January 9, 1976 and end on September~~ 2407
~~15, 1979~~. Each member shall hold office from the date of ~~his~~ 2408
appointment until the end of the term for which ~~he was~~ appointed. 2409
Any member appointed to fill a vacancy occurring prior to the 2410
expiration of the term for which ~~his~~the member's predecessor was 2411
appointed shall hold office for the remainder of ~~such~~that term. 2412
Any member shall continue in office subsequent to the expiration 2413
date of ~~his~~the member's term until ~~his~~the member's successor 2414
takes office, or until a period of sixty days has elapsed, 2415
whichever occurs first. ~~Said~~The gubernatorial appointees shall 2416
serve as members of the board of trustees ~~of the Martha Kinney~~ 2417
~~Cooper Ohioana Library Association~~ in addition to the regular 2418
constituted board of trustees of the corporation. 2419

       Sec. 3383.01. As used in this chapter: 2420

       (A) "~~Arts~~Culture" means any of the following: 2421

       (1) Visual, musical, dramatic, graphic, design, and other 2422
arts, including, but not limited to, architecture, dance, 2423
literature, motion pictures, music, painting, photography, 2424
sculpture, and theater, and the provision of training or education 2425
in these arts; 2426

       (2) The presentation or making available, in museums or other 2427
indoor or outdoor facilities, of principles of science and their 2428
development, use, or application in business, industry, or 2429
commerce or of the history, heritage, development, presentation, 2430
and uses of the arts described in division (A)(1) of this section 2431
and of transportation; 2432

       (3) The preservation, presentation, or making available of 2433
features of archaeological, architectural, environmental, or 2434
historical interest or significance in a state historical facility 2435
or a local historical facility. 2436

       (B) "~~Arts~~Cultural organization" means either of the 2437
following: 2438

       (1) A governmental agency or Ohio nonprofit corporation that 2439
provides programs or activities in areas directly concerned with 2440
~~the arts~~culture; 2441

       (2) A regional arts and cultural district as defined in 2442
section 3381.01 of the Revised Code. 2443

       (C) "~~Arts~~Cultural project" means all or any portion of an 2444
Ohio ~~arts~~cultural facility for which the general assembly has 2445
specifically authorized the spending of money, or made an 2446
appropriation, pursuant to division (D)(3) or (E) of section 2447
3383.07 of the Revised Code. 2448

       (D) "Cooperative contract" means a contract between the Ohio 2449
~~arts and sports~~cultural facilities commission and ~~an arts~~a 2450
cultural organization providing the terms and conditions of the 2451
cooperative use of an Ohio ~~arts~~cultural facility. 2452

       (E) "Costs of operation" means amounts required to manage an 2453
Ohio ~~arts~~cultural facility that are incurred following the 2454
completion of construction of its ~~arts~~cultural project, provided 2455
that both of the following apply: 2456

       (1) Those amounts either: 2457

       (a) Have been committed to a fund dedicated to that purpose; 2458

       (b) Equal the principal of any endowment fund, the income 2459
from which is dedicated to that purpose. 2460

       (2) The commission and the ~~arts~~cultural organization have 2461
executed an agreement with respect to either of those funds. 2462

       (F) "General building services" means general building 2463
services for an Ohio ~~arts~~cultural facility or an Ohio sports 2464
facility, including, but not limited to, general custodial care, 2465
security, maintenance, repair, painting, decoration, cleaning, 2466
utilities, fire safety, grounds and site maintenance and upkeep, 2467
and plumbing. 2468

       (G) "Governmental agency" means a state agency, a 2469
state-supported or state-assisted institution of higher education, 2470
a municipal corporation, county, township, or school district, a 2471
port authority created under Chapter 4582. of the Revised Code, 2472
any other political subdivision or special district in this state 2473
established by or pursuant to law, or any combination of these 2474
entities; except where otherwise indicated, the United States or 2475
any department, division, or agency of the United States, or any 2476
agency, commission, or authority established pursuant to an 2477
interstate compact or agreement. 2478

       (H) "Local contributions" means the value of an asset 2479
provided by or on behalf of ~~an arts~~a cultural organization from 2480
sources other than the state, the value and nature of which shall 2481
be approved by the Ohio ~~arts and sports~~cultural facilities 2482
commission, in its sole discretion. "Local contributions" may 2483
include the value of the site where ~~an arts~~a cultural project is 2484
to be constructed. All "local contributions," except a 2485
contribution attributable to such a site, shall be for the costs 2486
of construction of ~~an arts~~a cultural project or the creation or 2487
expansion of an endowment for the costs of operation of ~~an arts~~a 2488
cultural facility. 2489

       (I) "Local historical facility" means a site or facility, 2490
other than a state historical facility, of archaeological, 2491
architectural, environmental, or historical interest or 2492
significance, or a facility, including a storage facility, 2493
appurtenant to the operations of such a site or facility, that is 2494
owned by ~~an arts~~a cultural organization, provided the facility 2495
meets the requirements of division (K)(2)(b) of this section, is 2496
managed by or pursuant to a contract with the Ohio ~~arts and sports~~ 2497
cultural facilities commission, and is used for or in connection 2498
with the activities of the commission, including the presentation 2499
or making available of ~~arts~~culture to the public. 2500

       (J) "Manage," "operate," or "management" means the provision 2501
of, or the exercise of control over the provision of, activities: 2502

       (1) Relating to ~~the arts~~culture for an Ohio ~~arts~~cultural 2503
facility, including as applicable, but not limited to, providing 2504
for displays, exhibitions, specimens, and models; booking of 2505
artists, performances, or presentations; scheduling; and hiring or 2506
contracting for directors, curators, technical and scientific 2507
staff, ushers, stage managers, and others directly related to the 2508
~~arts~~cultural activities in the facility; but not including 2509
general building services; 2510

       (2) Relating to sports and athletic events for an Ohio sports 2511
facility, including as applicable, but not limited to, providing 2512
for booking of athletes, teams, and events; scheduling; and hiring 2513
or contracting for staff, ushers, managers, and others directly 2514
related to the sports and athletic events in the facility; but not 2515
including general building services. 2516

       (K) "Ohio ~~arts~~cultural facility" means any of the following: 2517

       (1) The ~~three~~ theaters located in the state office tower at 2518
77 South High street in Columbus; 2519

       (2) Any capital facility in this state to which both of the 2520
following apply: 2521

       (a) The construction of ~~an arts~~a cultural project related to 2522
the facility was authorized or funded by the general assembly 2523
pursuant to division (D)(3) of section 3383.07 of the Revised Code 2524
and proceeds of state bonds are used for costs of the ~~arts~~ 2525
cultural project. 2526

       (b) The facility is managed directly by, or is subject to a 2527
cooperative or management contract with, the Ohio ~~arts and sports~~ 2528
cultural facilities commission, and is used for or in connection 2529
with the activities of the commission, including the presentation 2530
or making available of ~~arts~~culture to the public and the 2531
provision of training or education in ~~the arts~~culture. 2532

       (3) A state historical facility or a local historical 2533
facility. 2534

       (L) "State agency" means the state or any of its branches, 2535
officers, boards, commissions, authorities, departments, 2536
divisions, or other units or agencies. 2537

       (M) "Construction" includes acquisition, including 2538
acquisition by lease-purchase, demolition, reconstruction, 2539
alteration, renovation, remodeling, enlargement, improvement, site 2540
improvements, and related equipping and furnishing. 2541

       (N) "State historical facility" means a site or facility of 2542
archaeological, architectural, environmental, or historical 2543
interest or significance, or a facility, including a storage 2544
facility, appurtenant to the operations of such a site or 2545
facility, that is owned by or is located on real property owned by 2546
the state or by ~~an arts~~a cultural organization, so long as the 2547
real property of the ~~arts~~cultural organization is contiguous to 2548
state-owned real property that is in the care, custody, and 2549
control of ~~an arts~~a cultural organization, and that is managed 2550
directly by or is subject to a cooperative or management contract 2551
with the Ohio ~~arts and sports~~cultural facilities commission and 2552
is used for or in connection with the activities of the 2553
commission, including the presentation or making available of ~~arts~~ 2554
culture to the public. 2555

       (O) "Ohio sports facility" means all or a portion of a 2556
stadium, arena, motorsports complex, or other capital facility in 2557
this state, a primary purpose of which is to provide a site or 2558
venue for the presentation to the public of either motorsports 2559
events or events of one or more major or minor league professional 2560
athletic or sports teams that are associated with the state or 2561
with a city or region of the state, which facility is, in the case 2562
of a motorsports complex, owned by the state or governmental 2563
agency, or in all other instances, is owned by or is located on 2564
real property owned by the state or a governmental agency, and 2565
including all parking facilities, walkways, and other auxiliary 2566
facilities, equipment, furnishings, and real and personal property 2567
and interests and rights therein, that may be appropriate for or 2568
used for or in connection with the facility or its operation, for 2569
capital costs of which state funds are spent pursuant to this 2570
chapter. A facility constructed as an Ohio sports facility may be 2571
both an Ohio ~~arts~~cultural facility and an Ohio sports facility. 2572

       (P) "Motorsports" means sporting events in which motor 2573
vehicles are driven on a clearly demarcated tracked surface. 2574

       Sec. 3383.02. (A) There is hereby created the Ohio ~~arts and~~ 2575
~~sports~~cultural facilities commission. Notwithstanding any 2576
provision to the contrary contained in Chapter 152. of the Revised 2577
Code, the commission shall engage in and provide for the 2578
development, performance, and presentation or making available of 2579
~~the arts~~culture and professional sports and athletics to the 2580
public in this state, and the provision of training or education 2581
in ~~the arts~~culture, by the exercise of its powers under this 2582
chapter, including the provision, operation, management, and 2583
cooperative use of Ohio ~~arts~~cultural facilities and Ohio sports 2584
facilities. The commission is a body corporate and politic, an 2585
agency of state government and an instrumentality of the state, 2586
performing essential governmental functions of this state. The 2587
carrying out of the purposes and the exercise by the commission of 2588
its powers conferred by this chapter are essential public 2589
functions and public purposes of the state and of state 2590
government. The commission may, in its own name, sue and be sued, 2591
enter into contracts, and perform all the powers and duties given 2592
to it by this chapter; however, it does not have and shall not 2593
exercise the power of eminent domain. 2594

       (B) The commission shall consist of ten members, seven of 2595
whom shall be voting members and three of whom shall be nonvoting 2596
members. The seven voting members shall be appointed by the 2597
governor, with the advice and consent of the senate, from 2598
different geographical regions of the state. In addition, one of 2599
the voting members shall represent the state architect. Not more 2600
than four of the members appointed by the governor shall be 2601
affiliated with the same political party. The nonvoting members 2602
shall be the staff director of the Ohio arts council, a member of 2603
the senate appointed by the president of the senate, and a member 2604
of the house of representatives appointed by the speaker of the 2605
house. 2606

       (C) Of the five initial appointments made by the governor, 2607
one shall be for a term expiring December 31, 1989, two shall be 2608
for terms expiring December 31, 1990, and two shall be for terms 2609
expiring December 31, 1991. Of the initial appointments of the 2610
sixth and seventh voting members ~~appointed~~made by the governor as 2611
~~a result of this amendment~~, one shall be for a term expiring 2612
December 31, 2003, and one shall be for a term expiring December 2613
31, 2004. Thereafter, each such term shall be for three years, 2614
commencing on the first day of January and ending on the 2615
thirty-first day of December. Each appointment by the president of 2616
the senate and by the speaker of the house of representatives 2617
shall be for the balance of the then legislative biennium. Each 2618
member shall hold office from the date of the member's appointment 2619
until the end of the term for which the member was appointed. Any 2620
member appointed to fill a vacancy occurring prior to the 2621
expiration of the term for which the member's predecessor was 2622
appointed shall hold office for the remainder of such term. Any 2623
member shall continue in office subsequent to the expiration date 2624
of the member's term until the member's successor takes office, or 2625
until a period of sixty days has elapsed, whichever occurs first. 2626

       (D) Members of the commission shall serve without 2627
compensation. 2628

       (E) Organizational meetings of the commission shall be held 2629
at the first meeting of each calendar year. At each organizational 2630
meeting, the commission shall elect from among its voting members 2631
a chairperson, a vice-chairperson, and a secretary-treasurer, who 2632
shall serve until the next annual meeting. The commission shall 2633
adopt rules pursuant to section 111.15 of the Revised Code for the 2634
conduct of its internal business and shall keep a journal of its 2635
proceedings. 2636

       (F) Four voting members of the commission constitute a 2637
quorum, and the affirmative vote of four members is necessary for 2638
approval of any action taken by the commission. A vacancy in the 2639
membership of the commission does not impair a quorum from 2640
exercising all the rights and performing all the duties of the 2641
commission. Meetings of the commission may be held anywhere in the 2642
state, and shall be held in compliance with section 121.22 of the 2643
Revised Code. 2644

       (G) All expenses incurred in carrying out this chapter are 2645
payable solely from money accrued under this chapter or 2646
appropriated for these purposes by the general assembly, and the 2647
commission shall incur no liability or obligation beyond such 2648
money. 2649

       (H) The commission shall file an annual report of its 2650
activities and finances with the governor, director of budget and 2651
management, speaker of the house of representatives, president of 2652
the senate, and chairpersons of the house and senate finance 2653
committees. 2654

       (I) There is hereby established in the state treasury the 2655
Ohio ~~arts and sports~~cultural facilities commission administration 2656
fund. All revenues of the commission shall be credited to that 2657
fund and to any accounts created in the fund with the commission's 2658
approval. All expenses of the commission, including reimbursement 2659
of, or payment to, any other fund or any governmental agency for 2660
advances made or services rendered to or on behalf of the 2661
commission, shall be paid from the Ohio ~~arts and sports~~cultural 2662
facilities commission administration fund as determined by or 2663
pursuant to directions of the commission. All investment earnings 2664
of the administration fund shall be credited to the fund and shall 2665
be allocated among any accounts created in the fund in the manner 2666
determined by the commission. 2667

       (J) Title to all real property and lesser interests in real 2668
property acquired by the commission, including leasehold and other 2669
interests, pursuant to this chapter shall be taken in the name of 2670
the state and shall be held for the use and benefit of the 2671
commission. The commission shall not mortgage such real property 2672
and interests in real property. Title to other property and 2673
interests in it acquired by the commission pursuant to this 2674
chapter shall be taken in its name. 2675

       Sec. 3383.03. The Ohio ~~arts and sports~~cultural facilities 2676
commission shall do the following: 2677

       (A) From time to time, determine the need for ~~arts~~cultural 2678
projects, Ohio ~~arts~~cultural facilities, and Ohio sports 2679
facilities, and report to the governor and the general assembly on 2680
the need for any additional ~~arts~~cultural projects, Ohio ~~arts~~ 2681
cultural facilities, and Ohio sports facilities. This division 2682
does not apply to state historical facilities. 2683

       (B) Have jurisdiction, control, and possession of, and 2684
supervision over the use and disposition of, all property, rights, 2685
licenses, money, contracts, accounts, liens, books, records, and 2686
other property rights and interests conveyed, delivered, 2687
transferred, or assigned to it; 2688

       (C) Use, and provide for the use of, Ohio ~~arts~~cultural 2689
facilities and Ohio sports facilities for the commission's 2690
purposes and functions, and conduct reviews necessary to ensure 2691
that uses of those facilities are consistent with statewide 2692
interests and the commission's purposes, including the 2693
presentation or making available of ~~the arts~~culture and 2694
professional athletics and sports to the public in this state and 2695
the provision of training or education in ~~the arts~~culture; 2696

       (D) Hold a meeting, including the organizational meeting 2697
required by division (E) of section 3383.02 of the Revised Code, 2698
at least quarterly to conduct its business; 2699

       (E) Cooperate with any governmental agency or ~~arts~~cultural 2700
organization that provides services in, to, or for an Ohio ~~arts~~ 2701
cultural facility, and cooperate with any governmental agency or 2702
nonprofit corporation for the provision or operation of any Ohio 2703
sports facilities. 2704

       Sec. 3383.04. The Ohio ~~arts and sports~~cultural facilities 2705
commission may do the following: 2706

       (A) Employ and fix the compensation of an executive director 2707
and such other employees as will facilitate the activities and 2708
purposes of the commission. Any executive director shall serve at 2709
the pleasure of the commission and may serve part-time. Other 2710
employees shall be employed by and serve at the pleasure of the 2711
commission or the executive director, as determined by the 2712
commission. 2713

       (B) Adopt, amend, and rescind, pursuant to section 111.15 of 2714
the Revised Code, rules for the management and operation of Ohio 2715
~~arts~~cultural facilities and Ohio sports facilities and for the 2716
exercise of all of the commission's rights with respect to those 2717
facilities; 2718

       (C) Own, construct or provide for the construction of, lease, 2719
equip, furnish, administer, and manage or provide for the 2720
operation and management of, and cooperate in the use of, Ohio 2721
~~arts~~cultural facilities and Ohio sports facilities; 2722

       (D) Dispose of, whether by sale, lease, lease-purchase, 2723
sublease, re-lease, or otherwise, real and personal property, and 2724
lesser interests in it, held or owned by the state for the use and 2725
benefit of the commission or held or owned by the commission, if 2726
not needed for the commission's purposes, upon such terms as the 2727
commission determines, subject to approval by the governor in the 2728
case of real property and interests in it; 2729

       (E) Grant such easements and other interests in real or 2730
personal property of the commission as will not interfere with the 2731
use of the property as an Ohio ~~arts~~cultural facility or an Ohio 2732
sports facility; 2733

       (F) Fix, alter, and collect rentals and other charges for the 2734
use or availability for use of Ohio ~~arts~~cultural facilities or an 2735
Ohio sports facility, as determined solely by the commission, for 2736
the purpose of providing for all or a portion of the costs and 2737
expenses of the commission, and the costs to be paid by the 2738
commission of leasing, constructing, equipping, repairing, 2739
maintaining, administering, managing, and cooperating in the use 2740
of Ohio ~~arts~~cultural facilities, including rentals to be paid by 2741
the commission for any Ohio ~~arts~~cultural facilities or for any 2742
Ohio sports facility; 2743

       (G) Lease, sublease, cooperate in the use of, or otherwise 2744
make available to ~~an arts~~a cultural organization, Ohio ~~arts~~ 2745
cultural facilities, and to any governmental agency or nonprofit 2746
corporation, Ohio sports facilities, including real and personal 2747
property, or any interests in it, to carry out the purposes of 2748
this chapter; 2749

       (H) Contract with, retain the services of, or designate, and 2750
fix the compensation of, ~~such~~ agents, accountants, attorneys, 2751
consultants, advisers, and other independent contractors ~~as may be~~ 2752
necessary or desirable to carry out the purposes of this chapter; 2753

       (I) Procure insurance against loss to the commission by 2754
reason of damages to or nonusability of its property resulting 2755
from fire, theft, accident, or other casualties, or by reason of 2756
its liability for any damages to persons or property, including, 2757
but not limited to, general liability insurance, business 2758
interruption insurance, liability insurance for members, officers, 2759
and employees, and copyright liability insurance; 2760

       (J) Receive and accept gifts, grants, devises, bequests, 2761
loans, and any other financial or other form of aid or assistance 2762
from any governmental agency or other person and enter into any 2763
contract or agreement with any such agency or other person in 2764
connection therewith, and receive and accept aid or contributions 2765
from any other source of money, real or personal property, labor, 2766
or other things of value, to be held, used, and applied only for 2767
the purposes for which the aid and contributions are made and 2768
according to their terms and conditions, all within the purposes 2769
of this chapter; 2770

       (K) Make and enter into all contracts, commitments, and 2771
agreements, and execute all instruments, necessary or incidental 2772
to the performance of its duties and the execution of its rights 2773
and powers under this chapter; 2774

       (L) Do anything necessary or appropriate to carry out the 2775
purposes of and exercise the powers granted in this chapter; 2776

       (M) Contract with any governmental agency or nonprofit 2777
corporation to provide or cause to be provided services, including 2778
general building services, in, to, or for an Ohio ~~arts~~cultural 2779
facility or any Ohio sports facility, or with ~~an arts~~a cultural 2780
organization for the management of an Ohio ~~arts~~cultural facility, 2781
or with a governmental agency or nonprofit corporation for the 2782
management of an Ohio sports facility, all in furtherance of the 2783
state function, and make contracts pursuant to divisions (A) and 2784
(B) of section 3383.07 of the Revised Code, except that nothing in 2785
this chapter limits the exercise of the care, custody, control, 2786
and management of those state historical facilities specified in 2787
section 149.30 of the Revised Code. 2788

       Sec. 3383.05. (A) Upon the request of the Ohio ~~arts and~~ 2789
~~sports~~cultural facilities commission, any governmental agency may 2790
lease, sublease, grant by lease-purchase or otherwise, convey, or 2791
grant the right to use, to the commission or to a state agency 2792
designated by the commission, any real or personal property or 2793
interests in property, including improvements to it and public 2794
roads, owned or controlled by the governmental agency, which are 2795
necessary or convenient to an Ohio ~~arts~~cultural facility or an 2796
Ohio sports facility, upon such terms and conditions as they agree 2797
upon. The lease, sublease, grant, conveyance, or grant of use may 2798
be made without the necessity for advertisement, auction, 2799
competitive bidding, court order, or other action or formality 2800
otherwise required by law, except that the consent of the 2801
governing body of the governmental agency shall be obtained, or, 2802
if title to the property is in the state, the consent of the 2803
governor shall be obtained. Any governmental agency may enter into 2804
agreements with the Ohio ~~arts and sports~~cultural facilities 2805
commission for furnishing any supplies, equipment, or services to 2806
the commission pursuant to such terms and for such compensation as 2807
agreed upon by the governmental agency and the commission. 2808

       (B) Leases, contracts, agreements, or conveyances entered 2809
into pursuant to this section are not public contracts for 2810
purposes of section 2921.42 of the Revised Code. 2811

       Sec. 3383.06. All property purchased, acquired, constructed, 2812
owned, leased, or subleased by the Ohio ~~arts and sports~~cultural 2813
facilities commission for the exercise of its powers and duties is 2814
public property used exclusively for a public purpose, and this 2815
property and the income derived by the commission from it are 2816
exempt, except as may otherwise be provided by the commission with 2817
respect to Ohio sports facilities, from all taxation within this 2818
state, including, without limitation, ad valorem and excise taxes. 2819

       Sec. 3383.07. (A) The department of administrative services 2820
shall provide for the construction of ~~an arts~~a cultural project 2821
in conformity with Chapter 153. of the Revised Code, except as 2822
follows: 2823

       (1) For ~~an arts~~a cultural project that has an estimated 2824
construction cost, excluding the cost of acquisition, of 2825
twenty-five million dollars or more, and that is financed by the 2826
Ohio building authority, construction services may be provided by 2827
the authority if the authority determines it should provide those 2828
services. 2829

       (2) For ~~an arts~~a cultural project other than a state 2830
historical facility, construction services may be provided on 2831
behalf of the state by the Ohio ~~arts and sports~~cultural 2832
facilities commission, or by a governmental agency or ~~an arts~~a 2833
cultural organization that occupies, will occupy, or is 2834
responsible for the Ohio ~~arts~~cultural facility, as determined by 2835
the commission. Construction services to be provided by a 2836
governmental agency or ~~an arts~~a cultural organization shall be 2837
specified in an agreement between the commission and the 2838
governmental agency or ~~arts~~cultural organization. The agreement, 2839
or any actions taken under it, are not subject to Chapter 123. or 2840
153. of the Revised Code, except for sections ~~123.151~~123.081 and 2841
153.011 of the Revised Code, and shall be subject to Chapter 4115. 2842
of the Revised Code. 2843

       (3) For ~~an arts~~a cultural project that is a state historical 2844
facility, construction services may be provided by the Ohio ~~arts~~ 2845
~~and sports~~cultural facilities commission or by ~~an arts~~a cultural 2846
organization that occupies, will occupy, or is responsible for the 2847
facility, as determined by the commission. The construction 2848
services to be provided by the ~~arts~~cultural organization shall be 2849
specified in an agreement between the commission and the ~~arts~~ 2850
cultural organization. That agreement, and any actions taken under 2851
it, are not subject to Chapter 123., 153., or 4115. of the Revised 2852
Code. 2853

       (B) For an Ohio sports facility that is financed in part by 2854
the Ohio building authority, construction services shall be 2855
provided on behalf of the state by or at the direction of the 2856
governmental agency or nonprofit corporation that will own or be 2857
responsible for the management of the facility, all as determined 2858
by the Ohio ~~arts and sports~~cultural facilities commission. Any 2859
construction services to be provided by a governmental agency or 2860
nonprofit corporation shall be specified in an agreement between 2861
the commission and the governmental agency or nonprofit 2862
corporation. That agreement, and any actions taken under it, are 2863
not subject to Chapter 123. or 153. of the Revised Code, except 2864
for sections ~~123.151~~123.081 and 153.011 of the Revised Code, and 2865
shall be subject to Chapter 4115. of the Revised Code. 2866

       (C) General building services for an Ohio ~~arts~~cultural 2867
facility shall be provided by the Ohio ~~arts and sports~~cultural 2868
facilities commission or by ~~an arts~~a cultural organization that 2869
occupies, will occupy, or is responsible for the facility, as 2870
determined by the commission, except that the Ohio building 2871
authority may elect to provide those services for Ohio ~~arts~~ 2872
cultural facilities financed with proceeds of state bonds issued 2873
by the authority. The costs of management and general building 2874
services shall be paid by the ~~arts~~cultural organization that 2875
occupies, will occupy, or is responsible for the facility as 2876
provided in an agreement between the commission and the ~~arts~~ 2877
cultural organization, except that the state may pay for general 2878
building services for state-owned ~~arts~~cultural facilities 2879
constructed on state-owned land. 2880

       General building services for an Ohio sports facility shall 2881
be provided by or at the direction of the governmental agency or 2882
nonprofit corporation that will be responsible for the management 2883
of the facility, all as determined by the commission. Any general 2884
building services to be provided by a governmental agency or 2885
nonprofit corporation for an Ohio sports facility shall be 2886
specified in an agreement between the commission and the 2887
governmental agency or nonprofit corporation. That agreement, and 2888
any actions taken under it, are not subject to Chapter 123. or 2889
153. of the Revised Code, except for sections ~~123.151~~123.081 and 2890
153.011 of the Revised Code, and shall be subject to Chapter 4115. 2891
of the Revised Code. 2892

       (D) This division does not apply to a state historical 2893
facility. No state funds, including any state bond proceeds, shall 2894
be spent on the construction of any ~~arts~~cultural project under 2895
this chapter unless, with respect to the ~~arts~~cultural project and 2896
to the Ohio ~~arts~~cultural facility related to the project, all of 2897
the following apply: 2898

       (1) The Ohio ~~arts and sports~~cultural facilities commission 2899
has determined that there is a need for the ~~arts~~cultural project 2900
and the Ohio ~~arts~~cultural facility related to the project in the 2901
region of the state in which the Ohio ~~arts~~cultural facility is 2902
located or for which the facility is proposed. 2903

       (2) The commission has determined that, as an indication of 2904
substantial regional support for the ~~arts~~cultural project, the 2905
~~arts~~cultural organization has made provision satisfactory to the 2906
commission, in its sole discretion, for local contributions 2907
amounting to not less than fifty per cent of the total state 2908
funding for the ~~arts~~cultural project. 2909

       (3) The general assembly has specifically authorized the 2910
spending of money on, or made an appropriation for, the 2911
construction of the ~~arts~~cultural project, or for rental payments 2912
relating to the financing of the construction of the ~~arts~~cultural 2913
project. Authorization to spend money, or an appropriation, for 2914
planning the ~~arts~~cultural project does not constitute 2915
authorization to spend money on, or an appropriation for, 2916
construction of the ~~arts~~cultural project. 2917

       (E) No state funds, including any state bond proceeds, shall 2918
be spent on the construction of any state historical facility 2919
under this chapter unless the general assembly has specifically 2920
authorized the spending of money on, or made an appropriation for, 2921
the construction of the ~~arts~~state historical project related to 2922
the facility, or for rental payments relating to the financing of 2923
the construction of the ~~arts~~state historical project. 2924
Authorization to spend money, or an appropriation, for planning 2925
the ~~arts~~state historical project does not constitute 2926
authorization to spend money on, or an appropriation for, the 2927
construction of the ~~arts~~state historical project. 2928

       (F) State funds shall not be used to pay or reimburse more 2929
than fifteen per cent of the initial estimated construction cost 2930
of an Ohio sports facility, excluding any site acquisition cost, 2931
and no state funds, including any state bond proceeds, shall be 2932
spent on any Ohio sports facility under this chapter unless, with 2933
respect to that facility, all of the following apply: 2934

       (1) The Ohio ~~arts and sports~~cultural facilities commission 2935
has determined that there is a need for the facility in the region 2936
of the state for which the facility is proposed to provide the 2937
function of an Ohio sports facility as provided for in this 2938
chapter. 2939

       (2) As an indication of substantial local support for the 2940
facility, the commission has received a financial and development 2941
plan satisfactory to it, and provision has been made, by agreement 2942
or otherwise, satisfactory to the commission, for a contribution 2943
amounting to not less than eighty-five per cent of the total 2944
estimated construction cost of the facility, excluding any site 2945
acquisition cost, from sources other than the state. 2946

       (3) The general assembly has specifically authorized the 2947
spending of money on, or made an appropriation for, the 2948
construction of the facility, or for rental payments relating to 2949
state financing of all or a portion of the costs of constructing 2950
the facility. Authorization to spend money, or an appropriation, 2951
for planning or determining the feasibility of or need for the 2952
facility does not constitute authorization to spend money on, or 2953
an appropriation for, costs of constructing the facility. 2954

       (4) If state bond proceeds are being used for the Ohio sports 2955
facility, the state or a governmental agency owns or has 2956
sufficient property interests in the facility or in the site of 2957
the facility or in the portion or portions of the facility 2958
financed from proceeds of state bonds, which may include, but is 2959
not limited to, the right to use or to require the use of the 2960
facility for the presentation of sport and athletic events to the 2961
public at the facility. 2962

       (G) In addition to the requirements of division (F) of this 2963
section, no state funds, including any state bond proceeds, shall 2964
be spent on any Ohio sports facility that is a motorsports 2965
complex, unless, with respect to that facility, both of the 2966
following apply: 2967

       (1) Motorsports events shall be presented at the facility 2968
pursuant to a lease entered into with the owner of the facility. 2969
The term of the lease shall be for a period of not less than the 2970
greater of the useful life of the portion of the facility financed 2971
from proceeds of state bonds as determined using the guidelines 2972
for maximum maturities as provided under divisions (B) and (C) of 2973
section 133.20 of the Revised Code, or the period of time 2974
remaining to the date of payment or provision for payment of 2975
outstanding state bonds allocable to costs of the facility, all as 2976
determined by the director of budget and management and certified 2977
by the director to the Ohio ~~arts and sports~~cultural facilities 2978
commission and to the Ohio building authority. 2979

       (2) Any motorsports organization that commits to using the 2980
facility for an established period of time shall give the 2981
political subdivision in which the facility is located not less 2982
than six months' advance notice if the organization intends to 2983
cease utilizing the facility prior to the expiration of that 2984
established period. Such a motorsports organization shall be 2985
liable to the state for any state funds used on the construction 2986
costs of the facility. 2987

       Sec. 3383.08. There is hereby created in the state treasury 2988
the capital donations fund, which shall be administered by the 2989
Ohio ~~arts and sports~~cultural facilities commission. The fund 2990
shall consist of gifts, grants, devises, bequests, and other 2991
financial contributions made to the commission for the 2992
construction or improvement of ~~arts~~cultural and sports facilities 2993
and shall be used in accordance with the specific purposes for 2994
which the gifts, grants, devises, bequests, or other financial 2995
contributions are made. All investment earnings of the fund shall 2996
be credited to the fund. Chapters 123., 125., 127., and 153. and 2997
section 3517.13 of the Revised Code do not apply to contracts paid 2998
from the fund, notwithstanding anything to the contrary in those 2999
chapters or that section. 3000

       Not later than one month following the end of each quarter of 3001
the fiscal year, the commission shall allocate the amounts 3002
credited to the fund from investment earnings during that 3003
preceding quarter of the fiscal year among the specific projects 3004
for which they are to be used and shall certify this information 3005
to the director of budget and management. 3006

       If the amounts credited to the fund for a particular project 3007
exceed what is required to complete that project, the commission 3008
may refund any of those excess amounts, including unexpended 3009
investment earnings attributable to those amounts, to the entity 3010
from which they were received. 3011

       Sec. 3383.09. (A) There is hereby created in the state 3012
treasury the ~~arts~~cultural and sports facilities building fund, 3013
which shall consist of proceeds of obligations authorized to pay 3014
costs of Ohio ~~arts~~cultural facilities and Ohio sports facilities 3015
for which appropriations are made by the general assembly. All 3016
investment earnings of the fund shall be credited to the fund. 3017

       (B) The director of budget and management may transfer, to 3018
the Ohio ~~arts and sports~~cultural facilities commission 3019
administration fund, investment earnings credited to the ~~arts~~ 3020
cultural and sports facilities building fund that exceed the 3021
amounts required to meet estimated federal arbitrage rebate 3022
requirements when requested of the director of budget and 3023
management by the chairperson or executive director of the 3024
commission. 3025

       Sec. 3734.22. Before beginning to clean up any facility 3026
under section 3734.21 of the Revised Code, the director of 3027
environmental protection shall endeavor to enter into an agreement 3028
with the owner of the land on which the facility is located, or 3029
with the owner of the facility, specifying the measures to be 3030
performed and authorizing the director, employees of the agency, 3031
or contractors retained by the director to enter upon the land and 3032
perform the specified measures. 3033

       Each agreement shall contain provisions for the reimbursement 3034
of the state for the costs of the cleanup. 3035

       All reimbursements and payments shall be credited to the 3036
hazardous waste clean-up fund created in section 3734.28 of the 3037
Revised Code. 3038

       The agreement may require the owner to execute an easement 3039
whereby the director, an authorized employee of the agency, or a 3040
contractor employed by the agency in accordance with the bidding 3041
procedure established in division (C) of section 3734.23 of the 3042
Revised Code may enter upon the facility to sample, repair, or 3043
reconstruct air and water quality monitoring equipment constructed 3044
under the agreement. Such easements shall be for a specified 3045
period of years and may be extinguished by agreement between the 3046
owner and the director. When necessary to protect the public 3047
health or safety, the agreement may require the owner to ~~execute a~~ 3048
~~restrictive covenant to run with the land that specifies the uses~~ 3049
~~that may be made of the facility after work performed is~~ 3050
~~completed, specifies the period for which the restrictive covenant~~ 3051
~~applies, and provides terms whereby modifications to the~~ 3052
~~restrictive covenant, or other land uses, may be initiated or~~ 3053
~~proposed to the director by the owner or by subsequent owners of~~ 3054
~~the facility. All easements or covenants required under this~~ 3055
~~section shall be recorded in the office of the county recorder of~~ 3056
~~the county in which the facility is located, and the recording~~ 3057
~~fees shall be paid by the director~~enter into an environmental 3058
covenant with the director in accordance with sections 5301.80 to 3059
5301.92 of the Revised Code. 3060

       Upon a breach of the reimbursement provisions of the 3061
agreement by the owner of the land or facility, or upon 3062
notification to the director by the owner that the owner is unable 3063
to perform the duties under the reimbursement provisions of the 3064
agreement, the director shall record the unreimbursed portion of 3065
the costs of cleanup at the office of the county recorder of the 3066
county in which the facility is located. The costs so recorded 3067
constitute a lien against the property on which the facility is 3068
located until discharged. Upon written request of the director, 3069
the attorney general shall institute a civil action to recover the 3070
unreimbursed portion of the costs of cleanup. Any moneys so 3071
recovered shall be credited to the hazardous waste clean-up fund. 3072

       Sec. 3734.24. After the cleanup of a solid waste facility or 3073
a hazardous waste facility acquired and cleaned up under section 3074
3734.23 of the Revised Code, the director of environmental 3075
protection may, if the facility is suitable for use by any other 3076
state department, agency, office, or institution and if the 3077
proposed use of the facility is compatible with the condition of 3078
the facility as cleaned up, transfer the facility to that state 3079
department, agency, office, or institution. The director shall 3080
continue to provide for the post-closure care, maintenance, and 3081
monitoring of any such cleaned-up facility as required by section 3082
3734.23 of the Revised Code. 3083

       If the director determines that any facility so cleaned up is 3084
suitable, because of its condition as cleaned up, for restricted 3085
or unrestricted use, hethe director may, with the approval of the 3086
attorney general, sell the facility if the sale is advantageous to 3087
the state. Prior to selling the cleaned-up facility, the director 3088
shall, when necessary to protect public health or safety, ~~execute~~ 3089
~~a restrictive covenant to run with the land that specifies the~~ 3090
~~uses that may be made of the facility, specifies the period for~~ 3091
~~which the restrictive covenant applies, and provides terms whereby~~ 3092
~~modifications to the restrictive covenant, or other land uses, may~~ 3093
~~be initiated or proposed to the director by subsequent owners of~~ 3094
~~the facility~~enter into an environmental covenant in accordance 3095
with sections 5301.80 to 5301.92 of the Revised Code. When selling 3096
any such cleaned-up facility, the director shall retain the right 3097
to enter upon the facility, in person or by ~~his~~an authorized 3098
agent, to provide for the post-closure care, maintenance, and 3099
monitoring of the facility. The director shall provide for the 3100
post-closure care, maintenance, and monitoring of any such 3101
facility sold as required by section 3734.23 of the Revised Code. 3102

       With the approval of the attorney general, the director may 3103
grant easements or leases on any such cleaned-up facility if he 3104
the director determines that the use of the facility under the 3105
easement or lease is compatible with its condition as cleaned up. 3106

       Any moneys derived from the sale of such cleaned-up 3107
facilities or from payments from easements or leases shall be 3108
credited to the hazardous waste clean-up fund created in section 3109
3734.28 of the Revised Code. 3110

       Sec. 3734.25. (A) The director of environmental protection 3111
may make grants of moneys from the hazardous waste clean-up fund 3112
created in section 3734.28 of the Revised Code for payment by the 3113
state of up to two-thirds of the reasonable and necessary expenses 3114
incurred by a municipal corporation, county, or township for the 3115
proper closure of or abatement of air or water pollution or soil 3116
contamination from a solid waste facility in which significant 3117
quantities of hazardous waste were disposed of and that the 3118
political subdivision owns and once operated. 3119

       (B) A municipal corporation, county, or township shall submit 3120
an application for a grant on forms provided by the director, 3121
together with detail plans and specifications indicating the 3122
measures to be performed, an itemized estimate of the project's 3123
cost, a description of the project's benefits, and such other 3124
information as the director prescribes. The plan for closure or 3125
abatement of air or water pollution or soil contamination may be 3126
prepared in consultation with the director or the board of health 3127
of the city or general health district in which the facility is 3128
located. The director may award the applicant a grant only if he 3129
the director finds that the proposed measures will provide for the 3130
proper closure of the facility and will abate or prevent air or 3131
water pollution or soil contamination, including, but not limited 3132
to, those measures necessary or desirable to: 3133

       (1) In the case of a facility at which land burial of 3134
hazardous waste occurred, establish and maintain a suitable cover 3135
of soil and vegetation over the cells in which waste is buried in 3136
order to minimize erosion, the infiltration of surface water into 3137
the cells, the production of leachate, and the accumulation or 3138
runoff of contaminated surface waters and to prevent air emissions 3139
of hazardous waste from the facility; 3140

       (2) Collect and treat contaminated surface water runoff from 3141
the facility; 3142

       (3) Collect and treat leachate produced at the facility; 3143

       (4) Install test wells and other equipment or facilities to 3144
monitor the quality of surface waters receiving runoff from the 3145
facility or to monitor air emissions of hazardous waste from the 3146
facility; 3147

       (5) Regularly monitor and analyze surface water runoff from 3148
the facility, the quality of waters receiving the runoff, and 3149
~~groundwater~~ground water quality in the vicinity of the facility, 3150
and regularly monitor leachate collection and treatment systems 3151
installed under the grant and analyze samples from them; 3152

       (6) Remove and dispose of hazardous waste from the facility 3153
at a suitable hazardous waste disposal facility where necessary to 3154
protect public health or safety or to prevent or abate air or 3155
water pollution or soil contamination. 3156

       (C) The director shall determine the amount of the grant 3157
based upon ~~his~~the director's determination of what constitutes 3158
reasonable and necessary expenses for the proper closure of the 3159
facility or for the prevention or elimination of air or water 3160
pollution or soil contamination from the facility. In making a 3161
grant, the director shall enter into a contract with the municipal 3162
corporation, county, or township that owns the facility to ensure 3163
that the moneys granted are used for the purposes of this section 3164
and that measures performed are properly done. The final payment 3165
under a grant may not be made until the director inspects and 3166
approves the completed cleanup. 3167

       The contract shall require the municipal corporation, county, 3168
or township to execute an easement whereby the director, an 3169
authorized employee of the agency, or a contractor employed by the 3170
director may enter upon the facility to sample, repair, or 3171
reconstruct air and water quality monitoring equipment constructed 3172
under the contract. Such easements shall be for a specified period 3173
of years and may be extinguished by agreement between the 3174
political subdivision and the director. 3175

       When necessary to protect public health or safety, the 3176
contract may require the municipal corporation, county, or 3177
township to ~~execute a restrictive covenant to run with the land~~ 3178
~~that specifies the uses that may be made of the facility after~~ 3179
~~work performed under the contract is completed, specifies the~~ 3180
~~period for which the restrictive covenant applies, and provides~~ 3181
~~terms whereby modifications to the restrictive covenant, or other~~ 3182
~~land uses, may be initiated or proposed to the director by the~~ 3183
~~political subdivision or by subsequent owners of the facility. Any~~ 3184
~~easements or covenants required under this section shall be~~ 3185
~~recorded in the office of the county recorder of the county in~~ 3186
~~which the facility is located, and the recording fees shall be~~ 3187
~~paid by the recipient of the grant~~enter into an environmental 3188
covenant with the director in accordance with sections 5301.80 to 3189
5301.92 of the Revised Code. 3190

       Sec. 3734.26. (A) The director of environmental protection 3191
may make grants of moneys from the hazardous waste clean-up fund 3192
created in section 3734.28 of the Revised Code to the owner, other 3193
than a political subdivision, of a solid waste facility in which 3194
significant quantities of hazardous waste were disposed of or a 3195
hazardous waste facility for up to fifty per cent of the cost of 3196
the reasonable and necessary expenses incurred for the proper 3197
closure of or abatement or prevention of air or water pollution or 3198
soil contamination from the facility and for developing the land 3199
on which it was located for use in industry, commerce, 3200
distribution, or research. 3201

       The director shall not make grants to the owner of any land 3202
on which such facilities are located if the owner at any time 3203
owned or operated the facility located thereon for profit or in 3204
conjunction with any profit-making enterprise located in this 3205
state or to any person who at any time owned or operated a 3206
facility concerning which the director has taken action under 3207
section 3734.20, 3734.22, or 3734.23 of the Revised Code. However, 3208
the director may make grants under this section to any subsequent 3209
owner of the land, provided that the person has no affiliation 3210
with any person who owned or operated the facility located on the 3211
land for profit or in conjunction with any profit-making 3212
enterprise located in this state or who owned or operated a 3213
facility concerning which the director has taken action under 3214
section 3734.20, 3734.22, or 3734.23 of the Revised Code. 3215

       (B) The owner shall submit an application for a grant on 3216
forms furnished by the director, together with detail plans and 3217
specifications for the measures to be performed to close the 3218
facility properly or to abate or prevent air or water pollution or 3219
soil contamination from the facility, an itemized estimate of the 3220
project's cost, a description of the project's estimated benefits, 3221
and such other information as the director prescribes. The plan 3222
may be prepared in consultation with the director or with the 3223
board of health of the city or general health district in which 3224
the facility is located. The director may award the applicant a 3225
grant only ~~if he finds~~after finding that the proposed measures 3226
will provide for the proper closure of the facility or will abate 3227
or prevent air or water pollution or soil contamination from the 3228
facility, including, but not limited to, those measures necessary 3229
or desirable to: 3230

       (1) In the case of a facility for the land burial of 3231
hazardous waste, establish and maintain a suitable cover of soil 3232
and vegetation over the cells in which waste is buried in order to 3233
minimize erosion, the infiltration of surface water into the 3234
cells, the production of leachate, and the accumulation or runoff 3235
of contaminated surface water and to prevent air emissions of 3236
hazardous waste from the facility; 3237

       (2) Collect and treat contaminated surface water runoff from 3238
the facility; 3239

       (3) Collect and treat leachate produced at the facility; 3240

       (4) Install test wells and other equipment or facilities to 3241
monitor the quality of surface waters receiving runoff from the 3242
facility or to monitor air emissions of hazardous waste from the 3243
facility; 3244

       (5) Regularly monitor and analyze surface water runoff from 3245
the facility, the quality of waters receiving the runoff, and 3246
~~groundwater~~ground water quality in the vicinity of the facility, 3247
and regularly monitor leachate collection and treatment systems 3248
installed under the grant and analyze samples from them; 3249

       (6) Remove and dispose of hazardous waste from the facility 3250
at a suitable hazardous waste disposal facility where necessary to 3251
protect public health or safety or to abate or prevent air or 3252
water pollution or soil contamination. 3253

       (C) The director shall determine the amount of the grant 3254
based upon ~~his~~the director's determination of what constitutes 3255
reasonable and necessary expenses for the proper closure of the 3256
facility or for the abatement or prevention of air or water 3257
pollution or soil contamination from the facility. The amount of 3258
the grant shall not exceed one-half of the total, as determined by 3259
the director, of what constitutes reasonable and necessary 3260
expenses actually incurred for the proper closure of or abatement 3261
or prevention of air or water pollution or soil contamination from 3262
the facility. 3263

       In making a grant, the director shall enter into a contract 3264
for funding with each applicant awarded a grant to ensure that the 3265
moneys granted are used for the purpose of this section and that 3266
the measures performed are properly performed. The final payment 3267
under a grant may not be made until the director inspects and 3268
approves the completed cleanup and the plans for developing the 3269
land for use in industry, commerce, distribution, or research. 3270

       Each contract for funding shall contain provisions for the 3271
reimbursement of the state of a portion of the costs of the 3272
cleanup that is commensurate with the increase in the market value 3273
of the property attributable to the cleanup thereon, as determined 3274
by appraisals made before and after cleanup in the manner stated 3275
in the contract. For reimbursement of that portion, the contract 3276
may include provisions for: 3277

       (1) Payment to the state of the share of the income derived 3278
from the productive use of the land; 3279

       (2) Imposition of a lien in the amount of the increase in 3280
fair market value payable upon the transfer or conveyance to a new 3281
owner; 3282

       (3) Waiver of all reimbursement if the determination 3283
discloses an increase in value that is insubstantial in comparison 3284
to the benefits to the public from the abatement of threats to 3285
public health or safety or from the abatement or prevention of 3286
pollution or contamination, considering the applicant's share of 3287
the cleanup cost. 3288

       All reimbursements and payments shall be credited to the 3289
hazardous waste clean-up fund created in section 3734.28 of the 3290
Revised Code. 3291

       (D) The contract shall require the owner to execute an 3292
easement whereby the director, an authorized employee of the 3293
agency, or a contractor employed by the agency may enter upon the 3294
facility to sample, repair, or reconstruct air and water quality 3295
monitoring equipment constructed under the contract. Such 3296
easements shall be for a specified period of years and may be 3297
extinguished by agreement between the owner and the director. When 3298
necessary to protect the public health or safety, the contract may 3299
require the owner to ~~execute a restrictive covenant to run with~~ 3300
~~the land that specifies the uses that may be made of the facility~~ 3301
~~after work performed under the grant is completed, specifies the~~ 3302
~~period for which the restrictive covenant applies, and provides~~ 3303
~~terms whereby modifications to the restrictive covenant, or other~~ 3304
~~land uses, may be initiated or proposed to the director by the~~ 3305
~~owner or by subsequent owners of the facility. All easements or~~ 3306
~~covenants required under this section shall be recorded in the~~ 3307
~~office of the county recorder of the county in which the facility~~ 3308
~~is located, and the recording fees shall be paid by the owner~~ 3309
enter into an environmental covenant with the director in 3310
accordance with sections 5301.80 to 5301.92 of the Revised Code. 3311

       (E) As used in this section, "commerce" includes, but is not 3312
limited to, agriculture, forestry, and housing. 3313

       Sec. 3737.88. (A)(1) The fire marshal shall have 3314
responsibility for implementation of the underground storage tank 3315
program and corrective action program for releases from 3316
underground petroleum storage tanks established by the "Resource 3317
Conservation and Recovery Act of 1976," 90 Stat. 2795, 42 U.S.C.A. 3318
6901, as amended. To implement the program, the fire marshal may 3319
adopt, amend, and rescind such rules, conduct such inspections, 3320
require annual registration of underground storage tanks, issue 3321
such citations and orders to enforce those rules, enter into 3322
environmental covenants in accordance with sections 5301.80 to 3323
5301.92 of the Revised Code, and perform such other duties, as are 3324
consistent with those programs. The fire marshal, by rule, may 3325
delegate the authority to conduct inspections of underground 3326
storage tanks to certified fire safety inspectors. 3327

       (2) In the place of any rules regarding release containment 3328
and release detection for underground storage tanks adopted under 3329
division (A)(1) of this section, the fire marshal, by rule, shall 3330
designate areas as being sensitive for the protection of human 3331
health and the environment and adopt alternative rules regarding 3332
release containment and release detection methods for new and 3333
upgraded ~~undergound~~underground storage tank systems located in 3334
those areas. In designating such areas, the fire marshal shall 3335
take into consideration such factors as soil conditions, 3336
hydrogeology, water use, and the location of public and private 3337
water supplies. Not later than July 11, 1990, the fire marshal 3338
shall file the rules required under this division with the 3339
secretary of state, director of the legislative service 3340
commission, and joint committee on agency rule review in 3341
accordance with divisions (B) and (H) of section 119.03 of the 3342
Revised Code. 3343

       (B) Before adopting any rule under this section or section 3344
3737.881 or 3737.882 of the Revised Code, the fire marshal shall 3345
file written notice of ~~his~~the proposed rule with the ~~chairman~~ 3346
chairperson of the state fire commission, and, within sixty days 3347
after notice is filed, the commission may file responses to or 3348
comments on and may recommend alternative or supplementary rules 3349
to the fire marshal. At the end of the sixty-day period or upon 3350
the filing of responses, comments, or recommendations by the 3351
commission, the fire marshal may adopt the rule filed with the 3352
commission or any alternative or supplementary rule recommended by 3353
the commission. 3354

       (C) The fire commission may recommend courses of action to be 3355
taken by the fire marshal in carrying out ~~his~~the fire marshal's 3356
duties under this section. The commission shall file its 3357
recommendations in the office of the fire marshal, and, within 3358
sixty days after the recommendations are filed, the fire marshal 3359
shall file with the ~~chairman~~chairperson of the commission ~~his~~ 3360
comments on, and proposed action in response to, the 3361
recommendations. 3362

       (D) For the purpose of sections 3737.87 to 3737.89 of the 3363
Revised Code, the fire marshal shall adopt, and may amend and 3364
rescind, rules identifying or listing hazardous substances. The 3365
rules shall be consistent with and equivalent in scope, coverage, 3366
and content to regulations identifying or listing hazardous 3367
substances adopted under the "Comprehensive Environmental 3368
Response, Compensation, and Liability Act of 1980," 94 Stat. 2779, 3369
42 U.S.C.A. 9602, as amended, except that the fire marshal shall 3370
not identify or list as a hazardous substance any hazardous waste 3371
identified or listed in rules adopted under division (A) of 3372
section 3734.12 of the Revised Code. 3373

       (E) Notwithstanding any provision of the laws of this state 3374
to the contrary, the fire marshal has exclusive jurisdiction to 3375
regulate the storage, treatment, and disposal of petroleum 3376
contaminated soil generated from corrective actions undertaken in 3377
response to releases of petroleum. The fire marshal may adopt, 3378
amend, or rescind such rules as hethe fire marshal considers to 3379
be necessary or appropriate to regulate the storage, treatment, or 3380
disposal of petroleum contaminated soil so generated. 3381

       (F) The fire marshal shall adopt, amend, and rescind rules 3382
under sections 3737.88 to 3737.882 of the Revised Code in 3383
accordance with Chapter 119. of the Revised Code. 3384

       Sec. 3737.882. (A) If, after an examination or inspection, 3385
the fire marshal or an assistant fire marshal finds that a release 3386
of petroleum is suspected, the fire marshal shall take such action 3387
as the fire marshal considers necessary to ensure that a suspected 3388
release is confirmed or disproved and, if the occurrence of a 3389
release is confirmed, to correct the release. These actions may 3390
include one or more of the following: 3391

       (1) Issuance of a citation and order requiring the 3392
responsible person to undertake, in a manner consistent with the 3393
requirements of section 9003 of the "Resource Conservation and 3394
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, as 3395
amended, applicable regulations adopted thereunder, and rules 3396
adopted under division (B) of this section, such actions as are 3397
necessary to protect human health and the environment, including, 3398
without limitation, the investigation of a suspected release.; 3399

       (2) Requesting the attorney general to bring a civil action 3400
for appropriate relief, including a temporary restraining order or 3401
preliminary or permanent injunction, in the court of common pleas 3402
of the county in which a suspected release is located or in which 3403
the release occurred, to obtain the corrective action necessary to 3404
protect human health and the environment. In granting any such 3405
relief, the court shall ensure that the terms of the temporary 3406
restraining order or injunction are sufficient to provide 3407
comprehensive corrective action to protect human health and the 3408
environment. 3409

       (3) Entry onto premises and undertaking corrective action 3410
with respect to a release of petroleum if, in the fire marshal's 3411
judgment, such action is necessary to protect human health and the 3412
environment. Any corrective action undertaken by the fire marshal 3413
or assistant fire marshal under division (A)(3) of this section 3414
shall be consistent with the requirements of sections 9003 and 3415
9005 of the "Resource Conservation and Recovery Act of 1976," 98 3416
Stat. 3279, 42 U.S.C.A. 6991b, and 98 Stat. 3284, 42 U.S.C.A. 3417
6991e, respectively, as amended, applicable regulations adopted 3418
thereunder, and rules adopted under division (B) of this section. 3419

       (B) The fire marshal shall adopt, and may amend and rescind, 3420
such rules as the fire marshal considers necessary to establish 3421
standards for corrective actions for suspected and confirmed 3422
releases of petroleum and standards for the recovery of costs 3423
incurred for undertaking corrective or enforcement actions with 3424
respect to such releases. The rules also shall include 3425
requirements for financial responsibility for the cost of 3426
corrective actions for and compensation of bodily injury and 3427
property damage incurred by third parties that are caused by 3428
releases of petroleum. Rules regarding financial responsibility 3429
shall, without limitation, require responsible persons to provide 3430
evidence that the parties guaranteeing payment of the deductible 3431
amount established under division (E) or (F) of section 3737.91 of 3432
the Revised Code are, at a minimum, secondarily liable for all 3433
corrective action and third-party liability costs incurred within 3434
the scope of the deductible amount. The rules shall be consistent 3435
with sections 9003 and 9005 of the "Resource Conservation and 3436
Recovery Act of 1976," 98 Stat. 3279, 42 U.S.C.A. 6991b, and 98 3437
Stat. 3284, 42 U.S.C.A. 6991e, respectively, as amended, and 3438
applicable regulations adopted thereunder. 3439

       (C)(1) No person shall violate or fail to comply with a rule 3440
adopted under division (A) of section 3737.88 of the Revised Code 3441
or division (B) of this section, and no person shall violate or 3442
fail to comply with the terms of any order issued under division 3443
(A) of section 3737.88 of the Revised Code or division (A)(1) of 3444
this section. 3445

       (2) Whoever violates division (C)(1) of this section or 3446
division (F) of section 3737.881 of the Revised Code shall pay a 3447
civil penalty of not more than ten thousand dollars for each day 3448
that the violation continues. The fire marshal may, by order, 3449
assess a civil penalty under this division, or the fire marshal 3450
may request the attorney general to bring a civil action for 3451
imposition of the civil penalty in the court of common pleas of 3452
the county in which the violation occurred. If the fire marshal 3453
determines that a responsible person is in violation of division 3454
(C)(1) of this section or division (F) of section 3737.881 of the 3455
Revised Code, the fire marshal may request the attorney general to 3456
bring a civil action for appropriate relief, including a temporary 3457
restraining order or preliminary or permanent injunction, in the 3458
court of common pleas of the county in which the underground 3459
storage tank or, in the case of a violation of division (F)(3) of 3460
section 3737.881 of the Revised Code, the training program that is 3461
the subject of the violation is located. The court shall issue a 3462
temporary restraining order or an injunction upon a demonstration 3463
that a violation of division (C)(1) of this section or division 3464
(F) of section 3737.881 of the Revised Code has occurred or is 3465
occurring. 3466

       Any action brought by the attorney general under this 3467
division is a civil action, governed by the Rules of Civil 3468
Procedure and other rules of practice and procedure applicable to 3469
civil actions. 3470

       (D) Orders issued under division (A) of section 3737.88 of 3471
the Revised Code and divisions (A)(1) and (C) of this section, and 3472
appeals thereof, are subject to and governed by Chapter 3745. of 3473
the Revised Code. Such orders shall be issued without the 3474
necessity for issuance of a proposed action under that chapter. 3475
For purposes of appeals of any such orders, the term "director" as 3476
used in Chapter 3745. of the Revised Code includes the fire 3477
marshal and an assistant fire marshal. 3478

       (E) Any restrictions on the use of real property for the 3479
purpose of ~~achieving~~the achievement by an owner or operator of 3480
applicable standards pursuant to rules adopted under division (B) 3481
of this section shall be contained in a deed or in another 3482
instrument that is signed and acknowledged by the property owner 3483
in the same manner as a deed or an environmental covenant that is 3484
entered into in accordance with sections 5301.80 to 5301.92 of the 3485
Revised Code. The deed or, other instrument containing the 3486
restrictions, or environmental covenant shall be filed and 3487
recorded in the office of the county recorder of the county in 3488
which the property is located. Pursuant to Chapter 5309. of the 3489
Revised Code, ~~such~~if the use restrictions ~~in connection~~or 3490
environmental covenant are connected with registered land, as 3491
defined in section 5309.01 of the Revised Code, the restrictions 3492
or environmental covenant shall be entered as a memorial on the 3493
page of the register where the title of the owner is registered. 3494

       (F) Any restrictions on the use of real property for the 3495
purpose of the achievement by a person that is not a responsible 3496
person, or by a person undertaking a voluntary action of 3497
applicable standards pursuant to rules adopted under division (B) 3498
of this section shall be contained in an environmental covenant 3499
that is entered into in accordance with sections 5301.80 to 3500
5301.92 of the Revised Code. The environmental covenant shall be 3501
filed and recorded in the office of the county recorder of the 3502
county in which the property is located. Pursuant to Chapter 5309. 3503
of the Revised Code, if the environmental covenant is connected 3504
with registered land, as defined in section 5309.01 of the Revised 3505
Code, the environmental covenant shall be entered as a memorial on 3506
the page of the register where the title of the owner is 3507
registered. 3508

       Sec. 3745.01. There is hereby created the environmental 3509
protection agency, headed by the director of environmental 3510
protection. The agency, under the supervision of the director, 3511
shall administer the laws pertaining to chemical emergency 3512
planning, community right-to-know, and toxic chemical release 3513
reporting; the cessation of chemical handling operations; the 3514
prevention, control, and abatement of air and water pollution; 3515
public water supply; comprehensive water resource management 3516
planning; and the disposal and treatment of solid wastes, 3517
infectious wastes, construction and demolition debris, hazardous 3518
waste, sewage, industrial waste, and other wastes. The director 3519
may do all of the following: 3520

       (A) Provide such methods of administration, appoint such 3521
personnel, make such reports, and take such other action as may be 3522
necessary to comply with the requirements of the federal laws and 3523
regulations pertaining to chemical emergency planning, community 3524
right-to-know, and toxic chemical release reporting; air and water 3525
pollution control; public water supply; water resource planning; 3526
and waste disposal and treatment; 3527

       (B) Procure by contract the temporary or intermittent 3528
services of experts or consultants, or organizations thereof, when 3529
those services are to be performed on a part-time or 3530
fee-for-service basis and do not involve the performance of 3531
administrative duties; 3532

       (C) Advise, consult, cooperate, and enter into contracts or 3533
agreements with any other agencies of the state, the federal 3534
government, other states, and interstate agencies and with 3535
affected groups, political subdivisions, and industries in 3536
furtherance of the purposes of this chapter and Chapters 3704., 3537
3714., 3734., 3751., 3752., 6109., and 6111. of the Revised Code; 3538

       (D) Establish advisory boards in accordance with section 3539
121.13 of the Revised Code; 3540

       (E) Accept on behalf of the state any grant, gift, or 3541
contribution made for toxic chemical release reporting, air or 3542
water pollution control, public water supply, water resource 3543
planning, waste disposal or treatment, or related purposes, and 3544
expend it for those purposes; 3545

       (F) Make an annual report to the governor and the general 3546
assembly on activities and expenditures as well as recommendations 3547
for such additional legislation as the director considers 3548
appropriate to carry out the director's duties or accomplish the 3549
purposes of this section; 3550

       (G) Enter into environmental covenants in accordance with 3551
sections 5301.80 to 5301.92 of the Revised Code, and grant or 3552
accept easements or sell real property pursuant to section 3553
3734.22, 3734.24, 3734.25, or 3734.26 of the Revised Code, as 3554
applicable. 3555

       The agency shall utilize the laboratory facilities of the 3556
department of health and other state institutions and agencies to 3557
the maximum extent that the utilization is practicable, 3558
economical, and technically satisfactory. 3559

       The director shall maintain and keep available for public 3560
inspection, at the director's principal office, a current register 3561
of all applications filed for permits, leases, licenses, 3562
variances, certificates, and approval of plans and specifications 3563
and of publicly owned treatment works pretreatment programs under 3564
the director's jurisdiction, hearings pending, the director's 3565
final action thereon, and the dates on which the filings, 3566
hearings, and final actions occur. The director shall maintain and 3567
keep available for public inspection at the director's principal 3568
office all plans, reports, and other documents required to be 3569
filed with the emergency response commission under Chapter 3750. 3570
of the Revised Code and rules adopted under it, and all reports 3571
and other documents required to be filed with the director under 3572
Chapter 3751. of the Revised Code and rules adopted under it, 3573
subject to the requirements of those chapters and rules adopted 3574
under them for the protection of trade secrets and confidential 3575
business information from disclosure to persons not authorized 3576
under those laws to receive trade secret or confidential business 3577
information. 3578

       Sec. 3746.01. As used in this chapter: 3579

       (A) "Activity and use limitations" has the same meaning as in 3580
section 5301.80 of the Revised Code. 3581

       (B) "Affiliated" means under common ownership or control. 3582

       ~~(B)~~(C) "Applicable standards," unless the context indicates 3583
otherwise, means standards established in or pursuant to sections 3584
3746.05, 3746.06, and 3746.07 of the Revised Code, in or pursuant 3585
to rules adopted under division (B)(1) or (2) of section 3746.04 3586
of the Revised Code, pursuant to rules adopted under division 3587
(B)(12)(b) of section 3746.04 of the Revised Code, or alternative 3588
standards and terms and conditions set forth in a variance issued 3589
under section 3746.09 of the Revised Code, as applicable. 3590

       ~~(C)~~(D) "Background level" means the conditions at a property 3591
and areas surrounding a property that are unaffected by any 3592
current or past activities involving treatment, storage, or 3593
disposal of hazardous substances or petroleum. "Background level" 3594
includes naturally occurring substances. 3595

       ~~(D)~~(E) "Certified laboratory" means a laboratory certified by 3596
the director of environmental protection pursuant to rules adopted 3597
under division (B)(6) of section 3746.04 of the Revised Code, or 3598
deemed to be certified under division (E) of section 3746.07 of 3599
the Revised Code, to perform analyses in connection with voluntary 3600
actions. 3601

       ~~(E)~~(F) "Certified professional" means a person certified by 3602
the director pursuant to rules adopted under division (B)(5) of 3603
section 3746.04 of the Revised Code, or deemed to be certified 3604
under division (D) of section 3746.07 of the Revised Code, to 3605
issue no further action letters under section 3746.11 of the 3606
Revised Code. 3607

       ~~(F)~~(G) "Covenant not to sue" means a release from liability 3608
that is issued by the director under section 3746.12 of the 3609
Revised Code. 3610

       (H) "Environmental covenant" has the same meaning as in 3611
section 5301.80 of the Revised Code. 3612

       (I) "Hazardous substance" includes all of the following: 3613

       (1) Any substance identified or listed in rules adopted under 3614
division (B)(1)(c) of section 3750.02 of the Revised Code; 3615

       (2) Any product registered as a pesticide under section 3616
921.02 of the Revised Code when the product is used in a manner 3617
inconsistent with its required labeling; 3618

       (3) Any product formerly registered as a pesticide under that 3619
section for which the registration was suspended or canceled under 3620
section 921.05 of the Revised Code; 3621

       (4) Any mixture of a substance described in divisions 3622
~~(F)~~(I)(1) to (3) of this section with a radioactive material. 3623

       ~~(G)~~(J) "Owner or operator" includes both of the following: 3624

       (1) Any person owning or holding a legal, equitable, or 3625
possessory interest in or having responsibility for the daily 3626
activities on a property; 3627

       (2) In the case of property title or control of which was 3628
conveyed due to bankruptcy, foreclosure, tax delinquency, 3629
abandonment, or similar means to this state or a political 3630
subdivision of this state, any person who owned, operated, or 3631
otherwise controlled activities occurring on the property before 3632
the conveyance. 3633

       ~~(H)~~(K) "Person" means any person as defined in section 1.59 3634
of the Revised Code and also includes this state, any political 3635
subdivision of this state, any other body of this state or of a 3636
political subdivision of this state, the board of directors of a 3637
nonprofit corporation governing a special improvement district 3638
created under Chapter 1710. of the Revised Code, and the United 3639
States and any agency or instrumentality thereof. 3640

       ~~(I)~~(L) "Petroleum" means oil or petroleum of any kind and in 3641
any form, including, without limitation, crude oil or any fraction 3642
thereof, petroleum, gasoline, kerosene, fuel oil, oil sludge, oil 3643
refuse, used oil, substances or additives utilized in the refining 3644
or blending of crude petroleum or petroleum stock, natural gas, 3645
natural gas liquids, liquefied natural gas, synthetic gas usable 3646
for fuel, and mixtures of natural gas and synthetic gas. 3647

       ~~(J)~~(M) "Property," except for the purposes of sections 3648
3746.02, 3746.26, and 3746.27 of the Revised Code, means any 3649
parcel of real property, or portion thereof, and any improvements 3650
thereto, the limits of which have been described in writing by the 3651
owner of record or a legally appointed representative of the owner 3652
and that is or has been the subject of a voluntary action under 3653
this chapter and rules adopted under it. 3654

       ~~(K)~~(N) "Radioactive material" means a substance that 3655
spontaneously emits ionizing radiation. 3656

       ~~(L)~~(O) "Related" means the persons are related by 3657
consanguinity or marriage. 3658

       ~~(M)~~(P) "Release" means any spilling, leaking, pumping, 3659
pouring, emitting, emptying, discharging, injecting, escaping, 3660
leaching, migrating, dumping, or disposing of any hazardous 3661
substance or petroleum into the environment, including, without 3662
limitation, the abandonment or discarding of barrels, containers, 3663
or any other closed receptacle containing any hazardous substance, 3664
petroleum, or pollutant or contaminant. "Release" does not include 3665
any of the following: 3666

       (1) Any release that results solely in the exposure of 3667
individuals to hazardous substances or petroleum in the workplace 3668
with respect to which those individuals may assert a claim against 3669
their employer and that is regulated under the "Occupational 3670
Health and Safety Act of 1970," 84 Stat. 1590, 29 U.S.C.A. 651, as 3671
amended, and regulations adopted under that act, or under Chapter 3672
4167. of the Revised Code and rules adopted under it; 3673

       (2) Emissions from the engine exhaust of a motor vehicle, 3674
rolling stock, aircraft, vessel, or pipeline pumping station 3675
engine; 3676

       (3) Any release of a source, byproduct, or special nuclear 3677
material from a nuclear incident, as "source material," "byproduct 3678
material," "special nuclear material," and "nuclear incident" are 3679
defined in the "Atomic Energy Act of 1954," 68 Stat. 919, 42 3680
U.S.C.A. 2011, as amended, if the release is subject to financial 3681
protection requirements under section 170 of that act unless any 3682
such material is mixed with a hazardous substance or petroleum; 3683

       (4) Any federally permitted release as defined in section 3684
101(10) of the "Comprehensive Environmental Response, 3685
Compensation, and Liability Act of 1980," 94 Stat. 3300, 42 3686
U.S.C.A. 9601, as amended; 3687

       (5) The normal application of a fertilizer material that is 3688
intended to improve the quality or quantity of plant growth. 3689

       ~~(N)~~(Q) "Remedy" or "remedial activities" means actions that 3690
are taken at a property to treat, remove, transport for treatment 3691
or disposal, dispose of, contain, or control hazardous substances 3692
or petroleum, are protective of public health and safety and the 3693
environment, and are consistent with a permanent remedy, 3694
including, without limitation, excavation, treatment, off-site 3695
disposal, the use of engineering or institutional controls or 3696
~~measures~~activity and use limitations, the issuance and 3697
implementation of a consolidated standards permit under section 3698
3746.15 of the Revised Code, and the entering into and 3699
implementation of an operation and maintenance agreement pursuant 3700
to section 3746.12 of the Revised Code. 3701

       ~~(O)~~(R) "Voluntary action" means a series of measures that may 3702
be undertaken to identify and address potential sources of 3703
contamination of property by hazardous substances or petroleum and 3704
to establish that the property complies with applicable standards. 3705
"Voluntary action" may include, without limitation, a phase I 3706
property assessment conducted in accordance with rules adopted 3707
under division (B)(3) of section 3746.04 of the Revised Code or 3708
division (B) of section 3746.07 of the Revised Code, as 3709
appropriate, a phase II property assessment conducted in 3710
accordance with rules adopted under division (B)(4) of section 3711
3746.04 of the Revised Code or division (C) of section 3746.07 of 3712
the Revised Code, as appropriate, a sampling plan, a remedial 3713
plan, or remedial activities followed by the issuance of a no 3714
further action letter under section 3746.11 of the Revised Code 3715
indicating that the property meets applicable standards upon 3716
demonstration by the person undertaking the measures either that 3717
there is no information indicating that there has been a release 3718
of hazardous substances or petroleum at or upon the property or 3719
that there has been a release of hazardous substances or petroleum 3720
at or upon the property and that applicable standards were not 3721
exceeded or have been or will be achieved in accordance with this 3722
chapter and rules adopted under it. 3723

       Sec. 3746.04. Within one year after September 28, 1994, the 3724
director of environmental protection, in accordance with Chapter 3725
119. of the Revised Code and with the advice of the 3726
multidisciplinary council appointed under section 3746.03 of the 3727
Revised Code, shall adopt, and subsequently may amend, suspend, or 3728
rescind, rules that do both of the following: 3729

       (A) Revise the rules adopted under Chapters 3704., 3714., 3730
3734., 6109., and 6111. of the Revised Code to incorporate the 3731
provisions necessary to conform those rules to the requirements of 3732
this chapter. The amended rules adopted under this division also 3733
shall establish response times for all submittals to the 3734
environmental protection agency required under this chapter or 3735
rules adopted under it. 3736

       (B) Establish requirements and procedures that are reasonably 3737
necessary for the implementation and administration of this 3738
chapter, including, without limitation, all of the following: 3739

       (1) Appropriate generic numerical clean-up standards for the 3740
treatment or removal of soils, sediments, and water media for 3741
hazardous substances and petroleum. The rules shall establish 3742
separate generic numerical clean-up standards based upon the 3743
intended use of properties after the completion of voluntary 3744
actions, including industrial, commercial, and residential uses 3745
and such other categories of land use as the director considers to 3746
be appropriate. The generic numerical clean-up standards 3747
established for each category of land use shall be the 3748
concentration of each contaminant that may be present on a 3749
property that shall ensure protection of public health and safety 3750
and the environment for the reasonable exposure for that category 3751
of land use. When developing the standards, the director shall 3752
consider such factors as all of the following: 3753

       (a) Scientific information, including, without limitation, 3754
toxicological information and realistic assumptions regarding 3755
human and environmental exposure to hazardous substances or 3756
petroleum; 3757

       (b) Climatic factors; 3758

       (c) Human activity patterns; 3759

       (d) Current statistical techniques; 3760

       (e) For petroleum at industrial property, alternatives to the 3761
use of total petroleum hydrocarbons. 3762

       The generic numerical clean-up standards established under 3763
division (B)(1) of this section shall be consistent with and 3764
equivalent in scope, content, and coverage to any applicable 3765
standard established by federal environmental laws and regulations 3766
adopted under them, including, without limitation, the "Federal 3767
Water Pollution Control Act Amendments of 1972," 86 Stat. 886, 33 3768
U.S.C.A. 1251, as amended; the "Resource Conservation and Recovery 3769
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended; the 3770
"Toxic Substances Control Act," 90 Stat. 2003 (1976), 15 U.S.C.A. 3771
2601, as amended; the "Comprehensive Environmental Response, 3772
Compensation, and Liability Act of 1980," 94 Stat. 2779, 42 3773
U.S.C.A. 9601, as amended; and the "Safe Drinking Water Act," 88 3774
Stat. 1660 (1974), 42 U.S.C.A. 300f, as amended. 3775

       In order for the rules adopted under division (B)(1) of this 3776
section to require that any such federal environmental standard 3777
apply to a property, the property shall meet the requirements of 3778
the particular federal statute or regulation involved in the 3779
manner specified by the statute or regulation. 3780

       The generic numerical clean-up standards for petroleum at 3781
commercial or residential property shall be the standards 3782
established in rules adopted under division (B) of section 3783
3737.882 of the Revised Code. 3784

       (2)(a) Procedures for performing property-specific risk 3785
assessments that would be performed at a property to demonstrate 3786
that the remedy evaluated in a risk assessment results in 3787
protection of public health and safety and the environment instead 3788
of complying with the generic numerical clean-up standards 3789
established in the rules adopted under division (B)(1) of this 3790
section. The risk assessment procedures shall describe a 3791
methodology to establish, on a property-specific basis, allowable 3792
levels of contamination to remain at a property to ensure 3793
protection of public health and safety and the environment on the 3794
property and off the property when the contamination is emanating 3795
off the property, taking into account all of the following: 3796

       (i) The implementation of treatment, storage, or disposal, or 3797
a combination thereof, of hazardous substances or petroleum; 3798

       (ii) The existence of institutional controls or activity and 3799
use limitations that eliminate or mitigate exposure to hazardous 3800
substances or petroleum through the restriction of access to 3801
hazardous substances or petroleum~~, including, without limitation,~~ 3802
~~deed and water use restrictions~~; 3803

       (iii) The existence of engineering controls that eliminate or 3804
mitigate exposure to hazardous substances or petroleum through 3805
containment of, control of, or restrictions of access to hazardous 3806
substances or petroleum, including, without limitation, fences, 3807
cap systems, cover systems, and landscaping. 3808

       (b) The risk assessment procedures and levels of acceptable 3809
risk set forth in the rules adopted under division (B)(2) of this 3810
section shall be based upon all of the following: 3811

       (i) Scientific information, including, without limitation, 3812
toxicological information and actual or proposed human and 3813
environmental exposure; 3814

       (ii) Locational and climatic factors; 3815

       (iii) Surrounding land use and human activities; 3816

       (iv) Differing levels of remediation that may be required 3817
when an existing land use is continued compared to when a 3818
different land use follows the remediation. 3819

       (c) Any standards established pursuant to rules adopted under 3820
division (B)(2) of this section shall be no more stringent than 3821
standards established under the environmental statutes of this 3822
state and rules adopted under them for the same contaminant in the 3823
same environmental medium that are in effect at the time the risk 3824
assessment is conducted. 3825

       (3) Minimum standards for phase I property assessments. The 3826
standards shall specify the information needed to demonstrate that 3827
there is no reason to believe that contamination exists on a 3828
property. The rules adopted under division (B)(3) of this section, 3829
at a minimum, shall require that a phase I property assessment 3830
include all of the following: 3831

       (a) A review and analysis of deeds, mortgages, easements of 3832
record, and similar documents relating to the chain of title to 3833
the property that are publicly available or that are known to and 3834
reasonably available to the owner or operator; 3835

       (b) A review and analysis of any previous environmental 3836
assessments, property assessments, environmental studies, or 3837
geologic studies of the property and any land within two thousand 3838
feet of the boundaries of the property that are publicly available 3839
or that are known to and reasonably available to the owner or 3840
operator; 3841

       (c) A review of current and past environmental compliance 3842
histories of persons who owned or operated the property; 3843

       (d) A review of aerial photographs of the property that 3844
indicate prior uses of the property; 3845

       (e) Interviews with managers of activities conducted at the 3846
property who have knowledge of environmental conditions at the 3847
property; 3848

       (f) Conducting an inspection of the property consisting of a 3849
walkover; 3850

       (g) Identifying the current and past uses of the property, 3851
adjoining tracts of land, and the area surrounding the property, 3852
including, without limitation, interviews with persons who reside 3853
or have resided, or who are or were employed, within the area 3854
surrounding the property regarding the current and past uses of 3855
the property and adjacent tracts of land. 3856

       The rules adopted under division (B)(3) of this section shall 3857
establish criteria to determine when a phase II property 3858
assessment shall be conducted when a phase I property assessment 3859
reveals facts that establish a reason to believe that hazardous 3860
substances or petroleum have been treated, stored, managed, or 3861
disposed of on the property if the person undertaking the phase I 3862
property assessment wishes to obtain a covenant not to sue under 3863
section 3746.12 of the Revised Code. 3864

       (4) Minimum standards for phase II property assessments. The 3865
standards shall specify the information needed to demonstrate that 3866
any contamination present at the property does not exceed 3867
applicable standards or that the remedial activities conducted at 3868
the property have achieved compliance with applicable standards. 3869
The rules adopted under division (B)(4) of this section, at a 3870
minimum, shall require that a phase II property assessment include 3871
all of the following: 3872

       (a) A review and analysis of all documentation prepared in 3873
connection with a phase I property assessment conducted within the 3874
one hundred eighty days before the phase II property assessment 3875
begins. The rules adopted under division (B)(4)(a) of this section 3876
shall require that if a period of more than one hundred eighty 3877
days has passed between the time that the phase I assessment of 3878
the property was completed and the phase II assessment begins, the 3879
phase II assessment shall include a reasonable inquiry into the 3880
change in the environmental condition of the property during the 3881
intervening period. 3882

       (b) Quality assurance objectives for measurements taken in 3883
connection with a phase II assessment; 3884

       (c) Sampling procedures to ensure the representative sampling 3885
of potentially contaminated environmental media; 3886

       (d) Quality assurance and quality control requirements for 3887
samples collected in connection with phase II assessments; 3888

       (e) Analytical and data assessment procedures; 3889

       (f) Data objectives to ensure that samples collected in 3890
connection with phase II assessments are biased toward areas where 3891
information indicates that contamination by hazardous substances 3892
or petroleum is likely to exist. 3893

       (5) Standards governing the conduct of certified 3894
professionals, criteria and procedures for the certification of 3895
professionals to issue no further action letters under section 3896
3746.11 of the Revised Code, and criteria for the suspension and 3897
revocation of those certifications. The issuance, denial, 3898
suspension, and revocation of those certifications are subject to 3899
Chapter 3745. of the Revised Code, and the director shall take any 3900
such action regarding a certification as a final action. 3901

       The rules adopted under division (B)(5) of this section shall 3902
do all of the following: 3903

       (a) Provide for the certification of environmental 3904
professionals to issue no further action letters pertaining to 3905
investigations and remedies in accordance with the criteria and 3906
procedures set forth in the rules. The rules adopted under 3907
division (B)(5)(a) of this section shall do at least all of the 3908
following: 3909

       (i) Authorize the director to consider such factors as an 3910
environmental professional's previous performance record regarding 3911
such investigations and remedies and the environmental 3912
professional's environmental compliance history when determining 3913
whether to certify the environmental professional; 3914

       (ii) Ensure that an application for certification is reviewed 3915
in a timely manner; 3916

       (iii) Require the director to certify any environmental 3917
professional who the director determines complies with those 3918
criteria; 3919

       (iv) Require the director to deny certification for any 3920
environmental professional who does not comply with those 3921
criteria. 3922

       (b) Establish an annual fee to be paid by environmental 3923
professionals certified pursuant to the rules adopted under 3924
division (B)(5)(a) of this section. The fee shall be established 3925
at an amount calculated to defray the costs to the environmental 3926
protection agency for the required reviews of the qualifications 3927
of environmental professionals for certification and for the 3928
issuance of the certifications. 3929

       (c) Develop a schedule for and establish requirements 3930
governing the review by the director of the credentials of 3931
environmental professionals who were deemed to be certified 3932
professionals under division (D) of section 3746.07 of the Revised 3933
Code in order to determine if they comply with the criteria 3934
established in rules adopted under division (B)(5) of this 3935
section. The rules adopted under division (B)(5)(c) of this 3936
section shall do at least all of the following: 3937

       (i) Ensure that the review is conducted in a timely fashion; 3938

       (ii) Require the director to certify any such environmental 3939
professional who the director determines complies with those 3940
criteria; 3941

       (iii) Require any such environmental professional initially 3942
to pay the fee established in the rules adopted under division 3943
(B)(5)(b) of this section at the time that the environmental 3944
professional is so certified by the director; 3945

       (iv) Establish a time period within which any such 3946
environmental professional who does not comply with those criteria 3947
may obtain the credentials that are necessary for certification; 3948

       (v) Require the director to deny certification for any such 3949
environmental professional who does not comply with those criteria 3950
and who fails to obtain the necessary credentials within the 3951
established time period. 3952

       (d) Require that any information submitted to the director 3953
for the purposes of division (B)(5)(a) or (c) of this section 3954
comply with division (A) of section 3746.20 of the Revised Code; 3955

       (e) Authorize the director to suspend or revoke the 3956
certification of an environmental professional if the director 3957
finds that the environmental professional's performance has 3958
resulted in the issuance of no further action letters under 3959
section 3746.11 of the Revised Code that are not consistent with 3960
applicable standards or finds that the certified environmental 3961
professional has not substantially complied with section 3746.31 3962
of the Revised Code; 3963

       (f) Authorize the director to suspend for a period of not 3964
more than five years or to permanently revoke a certified 3965
environmental professional's certification for any violation of or 3966
failure to comply with an ethical standard established in rules 3967
adopted under division (B)(5) of this section. 3968

       (g) Require the director to revoke the certification of an 3969
environmental professional if the director finds that the 3970
environmental professional falsified any information on the 3971
environmental professional's application for certification 3972
regarding the environmental professional's credentials or 3973
qualifications or any other information generated for the purposes 3974
of or use under this chapter or rules adopted under it; 3975

       (h) Require the director permanently to revoke the 3976
certification of an environmental professional who has violated or 3977
is violating division (A) of section 3746.18 of the Revised Code; 3978

       (i) Preclude the director from revoking the certification of 3979
an environmental professional who only conducts investigations and 3980
remedies at property contaminated solely with petroleum unless the 3981
director first consults with the director of commerce. 3982

       (6) Criteria and procedures for the certification of 3983
laboratories to perform analyses under this chapter and rules 3984
adopted under it. The issuance, denial, suspension, and revocation 3985
of those certifications are subject to Chapter 3745. of the 3986
Revised Code, and the director of environmental protection shall 3987
take any such action regarding a certification as a final action. 3988

       The rules adopted under division (B)(6) of this section shall 3989
do all of the following: 3990

       (a) Provide for the certification to perform analyses of 3991
laboratories in accordance with the criteria and procedures 3992
established in the rules adopted under division (B)(6)(a) of this 3993
section and establish an annual fee to be paid by those 3994
laboratories. The fee shall be established at an amount calculated 3995
to defray the costs to the agency for the review of the 3996
qualifications of those laboratories for certification and for the 3997
issuance of the certifications. The rules adopted under division 3998
(B)(6)(a) of this section may provide for the certification of 3999
those laboratories to perform only particular types or categories 4000
of analyses, specific test parameters or group of test parameters, 4001
or a specific matrix or matrices under this chapter. 4002

       (b) Develop a schedule for and establish requirements 4003
governing the review by the director of the operations of 4004
laboratories that were deemed to be certified laboratories under 4005
division (E) of section 3746.07 of the Revised Code in order to 4006
determine if they comply with the criteria established in rules 4007
adopted under division (B)(6) of this section. The rules adopted 4008
under division (B)(6)(b) of this section shall do at least all of 4009
the following: 4010

       (i) Ensure that the review is conducted in a timely fashion; 4011

       (ii) Require the director to certify any such laboratory that 4012
the director determines complies with those criteria; 4013

       (iii) Require any such laboratory initially to pay the fee 4014
established in the rules adopted under division (B)(6)(a) of this 4015
section at the time that the laboratory is so certified by the 4016
director; 4017

       (iv) Establish a time period within which any such laboratory 4018
that does not comply with those criteria may make changes in its 4019
operations necessary for the performance of analyses under this 4020
chapter and rules adopted under it in order to be certified by the 4021
director; 4022

       (v) Require the director to deny certification for any such 4023
laboratory that does not comply with those criteria and that fails 4024
to make the necessary changes in its operations within the 4025
established time period. 4026

       (c) Require that any information submitted to the director 4027
for the purposes of division (B)(6)(a) or (b) of this section 4028
comply with division (A) of section 3746.20 of the Revised Code; 4029

       (d) Authorize the director to suspend or revoke the 4030
certification of a laboratory if the director finds that the 4031
laboratory's performance has resulted in the issuance of no 4032
further action letters under section 3746.11 of the Revised Code 4033
that are not consistent with applicable standards; 4034

       (e) Authorize the director to suspend or revoke the 4035
certification of a laboratory if the director finds that the 4036
laboratory falsified any information on its application for 4037
certification regarding its credentials or qualifications; 4038

       (f) Require the director permanently to revoke the 4039
certification of a laboratory that has violated or is violating 4040
division (A) of section 3746.18 of the Revised Code. 4041

       (7) Information to be included in a no further action letter 4042
prepared under section 3746.11 of the Revised Code, including, 4043
without limitation, all of the following: 4044

       (a) A summary of the information required to be submitted to 4045
the certified environmental professional preparing the no further 4046
action letter under division (C) of section 3746.10 of the Revised 4047
Code; 4048

       (b) Notification that a risk assessment was performed in 4049
accordance with rules adopted under division (B)(2) of this 4050
section if such an assessment was used in lieu of generic 4051
numerical clean-up standards established in rules adopted under 4052
division (B)(1) of this section; 4053

       (c) The contaminants addressed at the property, if any, their 4054
source, if known, and their levels prior to remediation; 4055

       (d) The identity of any other person who performed work to 4056
support the request for the no further action letter as provided 4057
in division (B)(2) of section 3746.10 of the Revised Code and the 4058
nature and scope of the work performed by that person; 4059

       (e) A list of the data, information, records, and documents 4060
relied upon by the certified environmental professional in 4061
preparing the no further action letter. 4062

       (8) Methods for determining fees to be paid for the following 4063
services provided by the agency under this chapter and rules 4064
adopted under it: 4065

       (a) Site- or property-specific technical assistance in 4066
developing or implementing plans in connection with a voluntary 4067
action; 4068

       (b) Reviewing applications for and issuing consolidated 4069
standards permits under section 3746.15 of the Revised Code and 4070
monitoring compliance with those permits; 4071

       (c) Negotiating, preparing, and entering into agreements 4072
necessary for the implementation and administration of this 4073
chapter and rules adopted under it; 4074

       (d) Reviewing no further action letters, issuing covenants 4075
not to sue, and monitoring compliance with any terms and 4076
conditions of those covenants and with operation and maintenance 4077
agreements entered into pursuant to those covenants, including, 4078
without limitation, conducting audits of properties where 4079
voluntary actions are being or were conducted under this chapter 4080
and rules adopted under it. 4081

       The fees established pursuant to the rules adopted under 4082
division (B)(8) of this section shall be at a level sufficient to 4083
defray the direct and indirect costs incurred by the agency for 4084
the administration and enforcement of this chapter and rules 4085
adopted under it other than the provisions regarding the 4086
certification of professionals and laboratories. 4087

       (9) Criteria for selecting the no further action letters 4088
issued under section 3746.11 of the Revised Code that will be 4089
audited under section 3746.17 of the Revised Code, and the scope 4090
and procedures for conducting those audits. The rules adopted 4091
under division (B)(9) of this section, at a minimum, shall require 4092
the director to establish priorities for auditing no further 4093
action letters to which any of the following applies: 4094

       (a) The letter was prepared by an environmental professional 4095
who was deemed to be a certified professional under division (D) 4096
of section 3746.07 of the Revised Code, but who does not comply 4097
with the criteria established in rules adopted under division 4098
(B)(5) of this section as determined pursuant to rules adopted 4099
under division (B)(5)(d) of this section;. 4100

       (b) The letter was submitted fraudulently;. 4101

       (c) The letter was prepared by a certified environmental 4102
professional whose certification subsequently was revoked in 4103
accordance with rules adopted under division (B)(5) of this 4104
section, or analyses were performed for the purposes of the no 4105
further action letter by a certified laboratory whose 4106
certification subsequently was revoked in accordance with rules 4107
adopted under division (B)(6) of this section;. 4108

       (d) A covenant not to sue that was issued pursuant to the 4109
letter was revoked under this chapter;. 4110

       (e) The letter was for a voluntary action that was conducted 4111
pursuant to a risk assessment in accordance with rules adopted 4112
under division (B)(2) of this section;. 4113

       (f) The letter was for a voluntary action that included as 4114
remedial activities engineering controls or institutional controls 4115
or activity and use limitations authorized under section 3746.05 4116
of the Revised Code ~~or restrictions on the use of the relevant~~ 4117
~~property identified pursuant to division (C)(3) of section 3746.10~~ 4118
~~of the Revised Code~~. 4119

       The rules adopted under division (B)(9) of this section shall 4120
provide for random audits of no further action letters to which 4121
the rules adopted under divisions (B)(9)(a) to (f) of this section 4122
do not apply. 4123

       (10) A classification system to characterize ground water 4124
according to its capability to be used for human use and its 4125
impact on the environment and a methodology that shall be used to 4126
determine when ground water that has become contaminated from 4127
sources on a property for which a covenant not to sue is requested 4128
under section 3746.11 of the Revised Code shall be remediated to 4129
the standards established under division (B)(1) or (2) of this 4130
section. 4131

       (a) In adopting rules under division (B)(10) of this section 4132
to characterize ground water according to its capability for human 4133
use, the director shall consider all of the following: 4134

       (i) The presence of legally enforceable, reliable 4135
restrictions on the use of ground water, including, without 4136
limitation, local rules or ordinances; 4137

       (ii) The presence of regional commingled contamination from 4138
multiple sources that diminishes the quality of ground water; 4139

       (iii) The natural quality of ground water; 4140

       (iv) Regional availability of ground water and reasonable 4141
alternative sources of drinking water; 4142

       (v) The productivity of the aquifer; 4143

       (vi) The presence of restrictions on the use of ground water 4144
implemented under this chapter and rules adopted under it; 4145

       (vii) The existing use of ground water. 4146

       (b) In adopting rules under division (B)(10) of this section 4147
to characterize ground water according to its impacts on the 4148
environment, the director shall consider both of the following: 4149

       (i) The risks posed to humans, fauna, surface water, 4150
sediments, soil, air, and other resources by the continuing 4151
presence of contaminated ground water; 4152

       (ii) The availability and feasibility of technology to remedy 4153
ground water contamination. 4154

       (11) Governing the application for and issuance of variances 4155
under section 3746.09 of the Revised Code; 4156

       (12)(a) In the case of voluntary actions involving 4157
contaminated ground water, specifying the circumstances under 4158
which the generic numerical clean-up standards established in 4159
rules adopted under division (B)(1) of this section and standards 4160
established through a risk assessment conducted pursuant to rules 4161
adopted under division (B)(2) of this section shall be 4162
inapplicable to the remediation of contaminated ground water and 4163
under which the standards for remediating contaminated ground 4164
water shall be established on a case-by-case basis prior to the 4165
commencement of the voluntary action pursuant to rules adopted 4166
under division (B)(12)(b) of this section; 4167

       (b) Criteria and procedures for the case-by-case 4168
establishment of standards for the remediation of contaminated 4169
ground water under circumstances in which the use of the generic 4170
numerical clean-up standards and standards established through a 4171
risk assessment are precluded by the rules adopted under division 4172
(B)(12)(a) of this section. The rules governing the procedures for 4173
the case-by-case development of standards for the remediation of 4174
contaminated ground water shall establish application, public 4175
participation, adjudication, and appeals requirements and 4176
procedures that are equivalent to the requirements and procedures 4177
established in section 3746.09 of the Revised Code and rules 4178
adopted under division (B)(11) of this section, except that the 4179
procedural rules shall not require an applicant to make the 4180
demonstrations set forth in divisions (A)(1) to (3) of section 4181
3746.09 of the Revised Code ~~and shall not require the director to~~ 4182
~~obtain the advice of the property revitalization board created in~~ 4183
~~section 3746.08 of the Revised Code regarding any application~~ 4184
~~submitted pursuant to the rules adopted under division (B)(12)(b)~~ 4185
~~of this section~~. 4186

       (13) A definition of the evidence that constitutes sufficient 4187
evidence for the purpose of division (A)(5) of section 3746.02 of 4188
the Revised Code. 4189

       At least thirty days before filing the proposed rules 4190
required to be adopted under this section with the secretary of 4191
state, director of the legislative service commission, and joint 4192
committee on agency rule review in accordance with divisions (B) 4193
and (H) of section 119.03 of the Revised Code, the director of 4194
environmental protection shall hold at least one public meeting on 4195
the proposed rules in each of the five districts into which the 4196
agency has divided the state for administrative purposes. 4197

       Sec. 3746.05. A remedy or remedial activity conducted under 4198
this chapter may attain applicable standards otherwise established 4199
in this chapter and rules adopted under it through the use of 4200
institutional controls or activity and use limitations that 4201
restrict the ~~access to or~~ use of a property or through the removal 4202
of, treatment of, transportation for treatment or disposal of, 4203
disposal of, or use of engineering controls that contain or 4204
control the release of hazardous substances or petroleum at or 4205
from a property. Any such institutional controls or activity and 4206
use limitations that restrict the use of a property shall ensure 4207
that the property is used only for purposes that comply with the 4208
applicable standards established in this chapter and rules adopted 4209
under it pertaining to the intended use of the property after the 4210
completion of the voluntary action, as the intended use is 4211
specified in the documents establishing the institutional controls 4212
or activity and use limitations. If a property is subject to 4213
institutional controls ~~that restrict its use~~or activity and use 4214
limitations and is put to a use that does not comply with the 4215
institutional controls or activity and use ~~restrictions~~ 4216
limitations specified in the documents establishing the 4217
institutional controls or activity and use limitations, the 4218
covenant not to sue issued under section 3746.12 of the Revised 4219
Code for the property in connection with the voluntary action for 4220
which the institutional controls or activity and use limitations 4221
were established is hereby declared to be void on and after the 4222
date of the commencement of the noncomplying use. 4223

       Sec. 3746.09. (A) A person who proposes to enter into or who 4224
is participating in the voluntary action program under this 4225
chapter and rules adopted under it, in accordance with this 4226
section and rules adopted under division (B)(11) of section 4227
3746.04 of the Revised Code, may apply to the director of 4228
environmental protection for a variance from applicable standards 4229
otherwise established in this chapter and rules adopted under it. 4230
The application for a variance shall be prepared by a certified 4231
professional. The director shall issue a variance from those 4232
applicable standards only if the application makes all of the 4233
following demonstrations to the director's satisfaction: 4234

       (1) Either or both of the following: 4235

       (a) It is technically infeasible to comply with the 4236
applicable standards otherwise established at the property named 4237
in the application; 4238

       (b) The costs of complying with the applicable standards 4239
otherwise established at the property substantially exceed the 4240
economic benefits;. 4241

       (2) The proposed alternative standard or set of standards and 4242
terms and conditions set forth in the application will result in 4243
an improvement of environmental conditions at the property and 4244
ensure that public health and safety will be protected;. 4245

       (3) The establishment of and compliance with the alternative 4246
standard or set of standards and terms and conditions are 4247
necessary to promote, protect, preserve, or enhance employment 4248
opportunities or the reuse of the property named in the 4249
application. 4250

       A variance issued under this section shall state the specific 4251
standard or standards whose terms are being varied and shall set 4252
forth the specific alternative standard or set of standards and 4253
the terms and conditions imposed on the applicant in their place. 4254
A variance issued under this section shall include only standards 4255
and terms and conditions proposed by the applicant in ~~his~~the 4256
application, except that the director may impose any additional or 4257
alternative terms and conditions that hethe director determines 4258
to be necessary to ensure that public health and safety will be 4259
protected. If the director finds that compliance with any standard 4260
or term or condition proposed by the applicant will not protect 4261
public health and safety and that the imposition of additional or 4262
alternative terms and conditions will not ensure that public 4263
health or safety will be protected, the director shall disapprove 4264
the application and shall include in the order of denial the 4265
specific findings on which the denial was based. 4266

       (B) Variances shall be issued or denied in accordance with 4267
this section, rules adopted under division (B)(11) of section 4268
3746.04 of the Revised Code, and Chapter 3745. of the Revised 4269
Code. Upon determining that an application for a variance is 4270
complete, the director shall ~~do both of the following:~~ 4271

       ~~(1) Transmit a copy of the application to the property~~ 4272
~~revitalization board created in section 3746.08 of the Revised~~ 4273
~~Code;~~ 4274

       ~~(2) Schedule~~schedule a public meeting on the application to 4275
be held within ninety days after the director determines that the 4276
application is complete in the county in which is located the 4277
property to which the application pertains. 4278

       (C) Not less than thirty days before the date scheduled for 4279
the public meeting on an application for a variance, the director 4280
shall publish notice of the public meeting and that the director 4281
will receive written comments on the application for a period of 4282
forty-five days commencing on the date of the publication of the 4283
notice. The notice shall contain all of the following information, 4284
at a minimum: 4285

       (1) The address of the property to which the application 4286
pertains; 4287

       (2) A brief summary of the alternative standards and terms 4288
and conditions proposed by the applicant; 4289

       (3) The date, time, and location of the public meeting. 4290

       The notice shall be published in a newspaper of general 4291
circulation in the county in which the property is located and, if 4292
the property is located in close proximity to the boundary of the 4293
county with an adjacent county, as determined by the director, 4294
shall be published in a newspaper of general circulation in the 4295
adjacent county. Concurrently with the publication of the notice 4296
of the public meeting, the director shall mail notice of the 4297
application, comment period, and public meeting to the owner of 4298
each parcel of land that is adjacent to the affected property and 4299
to the legislative authority of the municipal corporation or 4300
township, and county, in which the affected property is located. 4301
The notices mailed to the adjacent land owners and legislative 4302
authorities shall contain the same information as the published 4303
notice. 4304

       (D) At the public meeting on an application for a variance, 4305
the applicant, or a representative of the applicant who is 4306
knowledgeable about the affected property and the application, 4307
shall present information regarding the application and the basis 4308
of the request for the variance and shall respond to questions 4309
from the public regarding the affected property and the 4310
application. A representative of the environmental protection 4311
agency who is familiar with the affected property and the 4312
application shall attend the public meeting to hear the public's 4313
comments and to respond to questions from the public regarding the 4314
affected property and the application. A stenographic record of 4315
the proceedings at the public meeting shall be kept and shall be 4316
made a part of the administrative record regarding the 4317
application. 4318

       (E) Within ninety days after conducting the public meeting on 4319
an application for a variance under division (D) of this section, 4320
the director shall issue a proposed action to the applicant in 4321
accordance with section 3745.07 of the Revised Code that indicates 4322
the director's intent with regard to the issuance or denial of the 4323
application. When considering whether to issue or deny the 4324
application or whether to impose terms and conditions of the 4325
variance that are in addition or alternative to those proposed by 4326
the applicant, the director shall consider ~~the advice provided by~~ 4327
~~the property revitalization board,~~ comments on the application 4328
made by the public at the public meeting, and written comments on 4329
the application received from the public. 4330

       Sec. 3746.10. (A) Except as otherwise provided in section 4331
3746.02 of the Revised Code, any person may undertake a voluntary 4332
action under this chapter and rules adopted under it to identify 4333
and address potential sources of contamination by hazardous 4334
substances or petroleum of soil, sediments, surface water, or 4335
ground water on or underlying property and to establish that the 4336
property meets applicable standards. The voluntary action may 4337
include any one or more of the following elements: 4338

       (1) A phase I property assessment conducted in accordance 4339
with rules adopted under division (B)(3) of section 3746.04 of the 4340
Revised Code or division (B) of section 3746.07 of the Revised 4341
Code, as appropriate; 4342

       (2) A phase II property assessment conducted in accordance 4343
with rules adopted under division (B)(4) of section 3746.04 of the 4344
Revised Code or division (C) of section 3746.07 of the Revised 4345
Code, as appropriate; 4346

       (3) A sampling plan; 4347

       (4) A remediation plan; 4348

       (5) Remedial activities; 4349

       (6) Such other activities as the person undertaking the 4350
voluntary action considers to be necessary or appropriate to 4351
address the contamination. 4352

       When the person undertaking a voluntary action determines 4353
that the property meets applicable standards, hethe person may 4354
seek a no further action letter from a certified professional. A 4355
no further action letter may be issued for the property at any 4356
stage of the identification of potential hazardous substance or 4357
petroleum contamination or remedial activities after a phase I or 4358
II property assessment has demonstrated that there is no reason to 4359
believe that there has been a release of hazardous substances or 4360
petroleum at or upon the property, that information indicates that 4361
there has been a release of hazardous substances or petroleum at 4362
or upon the property, but that the release is not in excess of 4363
applicable standards, or that if there has been such a release in 4364
excess of applicable standards, those standards have been achieved 4365
through remedial activities or will be achieved in accordance with 4366
the timeframes established in an operation and maintenance 4367
agreement entered into under division (A)(3) of section 3746.12 of 4368
the Revised Code or in such an agreement and a consolidated 4369
standards permit issued under section 3746.15 of the Revised Code. 4370

       (B)(1) A person who is participating in the voluntary action 4371
program under this chapter and rules adopted under it shall do 4372
both of the following: 4373

       (a) Utilize the services of a certified laboratory to perform 4374
any analyses that form the basis for the issuance of a no further 4375
action letter for a property and ensure that a laboratory performs 4376
in connection with a voluntary action only those analyses for 4377
which it is certified under rules adopted under division (B)(6) of 4378
section 3746.04 of the Revised Code or for which it is qualified 4379
prior to the adoption of those rules; 4380

       (b) Utilize the services of a certified professional to 4381
verify that the property and any remedial activities undertaken at 4382
the property in connection with a voluntary action comply with 4383
applicable standards and, if those standards are met, to issue to 4384
the person a no further action letter for the property. For the 4385
purposes of such a verification, the certified professional shall 4386
perform and review all work that was conducted to support the 4387
request for the no further action letter or shall ensure that the 4388
work has been performed and reviewed by other persons with 4389
expertise and competence in areas other than those of the 4390
certified professional's expertise and competence as necessary for 4391
the issuance of the no further action letter. 4392

       (2) No person who is participating in the voluntary action 4393
program shall do any of the following: 4394

       (a) If the person also is a certified professional, prepare a 4395
no further action letter in connection with a voluntary action 4396
conducted at a property that hethe certified professional owns or 4397
operates; 4398

       (b) Utilize the services of a certified professional who is 4399
employed by, affiliated with, or related to ~~him~~the participant or 4400
who was employed by or affiliated with ~~him~~the participant during 4401
the year preceding the date that hethe participant entered into 4402
the contract to utilize the services of the certified professional 4403
in connection with the voluntary action; 4404

       (c) Utilize the services of a certified laboratory that is 4405
owned by or affiliated with ~~him~~the participant, that is owned by 4406
a person related to ~~him~~the participant, or that was owned by or 4407
affiliated with ~~him~~the participant during the year preceding the 4408
date that hethe participant entered into the contract to utilize 4409
the services of the certified laboratory in connection with the 4410
voluntary action, to perform any analyses that form the basis for 4411
the issuance of a no further action letter in connection with a 4412
voluntary action. 4413

       A covenant not to sue issued under section 3746.12 of the 4414
Revised Code to a person who violated division (B)(2)(a), (b), or 4415
(c) of this section with respect to the no further action letter 4416
upon which issuance of the covenant was based is void. 4417

       Except as otherwise provided in division (B)(2) of this 4418
section, a person who is participating in the voluntary action 4419
program may utilize an independent contractor to serve as a 4420
certified professional or certified laboratory. 4421

       (C) In order to obtain a no further action letter, a person 4422
undertaking a voluntary action shall submit to a certified 4423
professional all of the following, as applicable: 4424

       (1) Information demonstrating that there is no contamination 4425
by hazardous substances or petroleum of soil, sediments, surface 4426
water, or ground water on or underlying the property in 4427
concentrations exceeding applicable standards. The demonstrations 4428
shall be based upon the findings of a phase I or phase II property 4429
assessment. 4430

       (2) If remedial activities were conducted in connection with 4431
the voluntary action, data demonstrating that the remedy meets 4432
applicable standards or will achieve applicable standards in 4433
accordance with the timeframes established in an operation and 4434
maintenance agreement entered into under division (A)(3) of 4435
section 3746.12 of the Revised Code or in such an agreement and a 4436
consolidated standards permit issued under section 3746.15 of the 4437
Revised Code; 4438

       (3)(a) If the remedy relies on institutional controls or 4439
restrictions on the use of the property to achieve applicable 4440
standards, a demonstration that the institutional controls or the 4441
use restrictions have been recorded in the office of the county 4442
recorder of the county in which the property is located, or have 4443
been entered in the appropriate register for registered land as 4444
defined in section 5309.01 of the Revised Code, in compliance with 4445
section 3746.14 of the Revised Code; 4446

       (b) If the person undertaking a voluntary action seeks to 4447
obtain a covenant not to sue and if the remedy relies on activity 4448
and use limitations to achieve applicable standards, a 4449
demonstration that the activity and use limitations have been 4450
developed in accordance with this chapter and rules adopted under 4451
it and are contained in a proposed environmental covenant that 4452
meets the requirements established in section 5301.82 of the 4453
Revised Code. 4454

       (4) If the remedy relies on engineering controls that contain 4455
or control the release of hazardous substances or petroleum at or 4456
from the property, a plan for the proper operation and maintenance 4457
of the engineering controls. 4458

       (D) Except as otherwise specifically provided in this chapter 4459
and rules adopted under it, voluntary actions under this chapter 4460
and rules adopted under it shall be undertaken in compliance with 4461
all applicable laws of this state and rules adopted under them and 4462
with applicable ordinances, resolutions, and rules of political 4463
subdivisions of this state. 4464

       Sec. 3746.11. (A) After receiving the demonstrations and 4465
operation and maintenance plan, if any, required to be submitted 4466
to ~~him~~a certified professional under division (C) of section 4467
3746.10 of the Revised Code, athe certified professional shall 4468
review them to verify whether the property where the voluntary 4469
action was undertaken complies with applicable standards or shall 4470
ensure that they have been reviewed by another person or persons 4471
who performed work to support the request for the no further 4472
action letter as provided in division (B)(2) of section 3746.10 of 4473
the Revised Code. If, on the basis of the best knowledge, 4474
information, and belief of the certified professional, the 4475
certified professional concludes that the property meets 4476
applicable standards, hethe certified professional shall prepare 4477
a no further action letter for the property. The no further action 4478
letter shall contain all the information specified in rules 4479
adopted under division (B)(7) of section 3746.04 of the Revised 4480
Code or in division (E) of section 3746.07 of the Revised Code, as 4481
applicable. 4482

       Upon completion of a no further action letter, the certified 4483
professional shall send a copy of the letter to the person who 4484
undertook the voluntary action. The letter shall be accompanied by 4485
a written request that the person notify the certified 4486
professional as to whether the person wishes to submit the no 4487
further action letter to the director of environmental protection 4488
and by a written notice informing the person that the original 4489
letter may be submitted to the director only by a certified 4490
professional and that the person may receive a covenant not to sue 4491
from the director in connection with the voluntary action only if 4492
the no further action letter for the voluntary action is submitted 4493
to the director on ~~his~~the person's behalf by the certified 4494
professional. 4495

       Promptly after receipt of the letter and request, the person 4496
who undertook the voluntary action shall send written notice to 4497
the certified professional informing ~~him~~the certified 4498
professional as to whether the person wishes to submit the letter 4499
to the director and shall send a copy of the notice to the 4500
director. If the person's notice indicates that hethe person 4501
wishes to have the no further action letter submitted to the 4502
director, promptly after receipt of the notice, the certified 4503
professional shall submit the original no further action letter, 4504
together with a proposed environmental convenant, if applicable, 4505
and a proposed operation and maintenance agreement, if applicable, 4506
to the director by certified mail on behalf of the person who 4507
undertook the voluntary action. If the person who undertook the 4508
voluntary action notifies the certified professional that hethe 4509
person does not wish to submit the no further action letter to the 4510
director, the certified professional shall send the original 4511
letter to the person promptly after receiving the notice. 4512

       (B) If after reviewing the demonstrations required to be 4513
submitted to ~~him~~the certified professional under division (C) of 4514
section 3746.10 of the Revised Code, the certified professional 4515
finds that the property where the voluntary action was undertaken 4516
does not comply with applicable standards, the certified 4517
professional shall send to the person who undertook the voluntary 4518
action written notice of that fact and of the certified 4519
professional's inability to issue a no further action letter for 4520
the property. 4521

       (C) A certified professional shall prepare a summary report 4522
detailing ~~his~~the certified professional's findings and 4523
conclusions about the environmental conditions at the property 4524
concerning which the professional was requested to prepare a no 4525
further action letter and the remedial activities undertaken to 4526
mitigate or abate any threat to public health and safety and the 4527
environment, including, without limitation, all of the following: 4528

       (1) A description of the nature and extent of contamination 4529
emanating from sources on the property; 4530

       (2) A risk assessment performed in accordance with rules 4531
adopted under division (B)(2) of section 3746.04 of the Revised 4532
Code if such an assessment was used in lieu of generic numerical 4533
clean-up standards established in rules adopted under division 4534
(B)(1) of that section; 4535

       (3) A description of any remedy conducted at the property and 4536
how the remedy complies with applicable standards; 4537

       (4) A description of any plan for the proper operation and 4538
maintenance of engineering controls identified under division 4539
(C)(4) of section 3746.10 of the Revised Code; 4540

       (5) Any documents prepared by any other person who performed 4541
work to support the request for the no further action letter as 4542
provided in division (B)(2) of section 3746.10 of the Revised 4543
Code. 4544

       (D) A certified professional shall maintain all documents and 4545
data prepared or acquired by ~~him~~the certified professional in 4546
connection with a no further action letter for not less than ten 4547
years after the date of issuance of the letter or after the notice 4548
required under division (B) of this section has been sent, as 4549
applicable, or for a longer period as determined in rules adopted 4550
under section 3746.04 of the Revised Code. The director shall have 4551
access to those documents and data in accordance with section 4552
3746.18 or 3746.31 of the Revised Code. 4553

       Sec. 3746.13. (A) For property that does not involve the 4554
issuance of a consolidated standards permit under section 3746.15 4555
of the Revised Code and where no ~~engineering or institutional~~ 4556
~~controls~~remedial activities for which there is a required 4557
operation and maintenance agreement or an environmental covenant 4558
under this chapter or sections 5301.80 to 5301.92 of the Revised 4559
Code, as applicable, are used to comply with applicable standards, 4560
the director of environmental protection shall issue a covenant 4561
not to sue pursuant to section 3746.12 of the Revised Code by 4562
issuance of an order and as a final action under Chapter 3745. of 4563
the Revised Code within thirty days after the director receives 4564
the no further action letter for the property ~~and accompanying~~ 4565
~~verification~~ from the certified professional who prepared the 4566
letter under section 3746.11 of the Revised Code. 4567

       (B) For property that involves the issuance of a consolidated 4568
standards permit under section 3746.15 of the Revised Code or 4569
where ~~engineering or institutional controls~~remedial activities 4570
for which there is a required operation and maintenance agreement 4571
or an environmental covenant under this chapter or sections 4572
5301.80 to 5301.92 of the Revised Code, as applicable, are used to 4573
comply with applicable standards, the director shall issue a 4574
covenant not to sue pursuant to section 3746.12 of the Revised 4575
Code by issuance of an order and as a final action under Chapter 4576
3745. of the Revised Code within ninety days after the director 4577
receives the no further action letter for the property ~~and~~ 4578
~~accompanying verification~~ from the certified professional who 4579
prepared the letter and enters into an environmental convenant 4580
regarding the property, if applicable. 4581

       (C) Except as provided in division (D) of this section, each 4582
person who is issued a covenant not to sue under this section 4583
shall pay the fee established pursuant to rules adopted under 4584
division (B)(8) of section 3746.04 of the Revised Code. Until 4585
those rules become effective, each person who is issued a covenant 4586
not to sue shall pay a fee of two thousand dollars. The fee shall 4587
be paid to the director at the time that the no further action 4588
letter and accompanying verification are submitted to the 4589
director. 4590

       (D) An applicant, as defined in section 122.65 of the Revised 4591
Code, who has entered into an agreement under section 122.653 of 4592
the Revised Code and who is issued a covenant not to sue under 4593
this section shall not be required to pay the fee for the issuance 4594
of a covenant not to sue established in rules adopted under 4595
division (B)(8) of section 3746.04 of the Revised Code. 4596

       Sec. 3746.14. (A) Except as otherwise provided in division 4597
(B) of this section, ~~a no further action letter issued for a~~ 4598
~~property under section 3746.11 of the Revised Code, a covenant not~~ 4599
~~to sue issued for the property under section 3746.12 of the~~ 4600
~~Revised Code, and any restrictions on the use of such property~~ 4601
~~identified pursuant to division (C)(3) of section 3746.10 of the~~ 4602
~~Revised Code shall be filed in the office of the county recorder~~ 4603
~~of the county in which the property is located by the person to~~ 4604
~~whom the covenant not to sue was issued and shall be recorded in~~ 4605
~~the same manner as a deed to the property. The no further action~~ 4606
~~letter, covenant not to sue, and use restrictions, if any, shall~~ 4607
~~run with the property~~the person to whom a covenant not to sue for 4608
a property has been issued under section 3746.12 of the Revised 4609
Code shall file for recording in the office of the county recorder 4610
of the county in which the property is located a true and accurate 4611
copy of all of the following: 4612

       (1) The no further action letter issued under section 3746.11 4613
of the Revised Code or an executive summary of it; 4614

       (2) The covenant not to sue issued for the property under 4615
section 3746.12 of the Revised Code; 4616

       (3) The environmental covenant for the property, if any, 4617
proposed pursuant to division (C)(3)(b) of section 3746.10 of the 4618
Revised Code and executed under section 5301.82 of the Revised 4619
Code. 4620

       The documents specified in divisions (A)(1) to (3) of this 4621
section shall be recorded in the same manner as a deed to the 4622
property. The no further action letter, covenant not to sue, and 4623
environmental covenant, if any, shall run with the property. 4624

       No person shall fail to comply with this division. 4625

       (B) Pursuant to Chapter 5309. of the Revised Code, a no 4626
further action letter, a covenant not to sue, and, if applicable, 4627
any ~~operation and maintenance agreement and use restrictions~~ 4628
environmental covenant prepared, issued, entered into, or 4629
identified under this chapter and rules adopted under it or under 4630
sections 5301.80 to 5301.92 of the Revised Code, as applicable, in 4631
connection with registered land, as defined in section 5309.01 of 4632
the Revised Code, shall be entered as a memorial on the page of 4633
the register where the title of the owner is registered. 4634

       (C) A no further action letter, a covenant not to sue, and 4635
any agreement authorized to be entered into and entered into under 4636
this chapter and rules adopted under it may be transferred by the 4637
recipient to any other person by assignment or in conjunction with 4638
the acquisition of title to the property to which the document 4639
applies. 4640

       Sec. 3746.171. The director of environmental protection 4641
shall maintain a record of the properties for which covenants not 4642
to sue were issued under section 3746.12 of the Revised Code that 4643
involve institutional controls or activity and use limitations 4644
that restrict the use of the properties in order to comply with 4645
applicable standards. The records pertaining to those properties 4646
shall indicate the use restrictions or activity and use 4647
limitations applicable to each of them. At least once every five 4648
years, the director or ~~his~~an authorized representative of the 4649
director shall visually inspect each such property to determine 4650
whether the property is being used in compliance with the 4651
applicable institutional controls or activity and use limitations. 4652

       Sec. 3746.35. (A) Not later than September 1, 1996, and not 4653
later than the first day of September of each subsequent year, the 4654
director of environmental protection shall prepare and submit to 4655
the ~~chairmen~~chairpersons of the respective standing committees of 4656
the senate and house of representatives primarily responsible for 4657
considering environmental and taxation matters a report regarding 4658
the voluntary action program established under this chapter and 4659
rules adopted under it and the tax abatements granted pursuant to 4660
sections 5709.87 and 5709.88 of the Revised Code for properties 4661
where voluntary actions were conducted. Each annual report shall 4662
include, without limitation, all of the following: 4663

       (1) Both of the following for each property for which a 4664
covenant not to sue was issued under section 3746.12 of the 4665
Revised Code during the preceding calendar year: 4666

       (a) The address of the property and name of the person who 4667
undertook the voluntary action at the property; 4668

       (b) Whether the applicable standards governing the voluntary 4669
action were the interim standards established in section 3746.07 4670
of the Revised Code or the generic numerical clean-up standards 4671
established in rules adopted under division (B)(1) of section 4672
3746.04 of the Revised Code, were established through the 4673
performance of a risk assessment pursuant to rules adopted under 4674
division (B)(2) of section 3746.04 of the Revised Code, or were 4675
set forth in a variance issued under section 3746.09 of the 4676
Revised Code. 4677

       (2) All of the following for each property for which a 4678
variance was issued under section 3746.09 of the Revised Code 4679
during the preceding calendar year: 4680

       (a) The address of the property and the name of the person to 4681
whom the variance was issued; 4682

       (b) A summary of the alternative standards and terms and 4683
conditions of the variance and brief description of the 4684
improvement in environmental conditions at the property that is 4685
anticipated to result from compliance with the alternative 4686
standards and terms and conditions set forth in the variance; 4687

       (c) A brief description of the economic benefits to the 4688
person to whom the variance was issued and the community in which 4689
the property is located that are anticipated to result from the 4690
undertaking of the voluntary action in compliance with the 4691
alternative standards and terms and conditions set forth in the 4692
variance. 4693

       (3) The number of audits performed under section 3746.17 of 4694
the Revised Code during the preceding calendar year and, in 4695
connection with each of them, at least the following information: 4696

       (a) The address of the property in connection with which the 4697
audit was performed and the name of the person who undertook the 4698
voluntary action at the property; 4699

       (b) An indication as to whether the audit was a random audit 4700
or was conducted in accordance with the priorities established in 4701
rules adopted under divisions (A)(9)(a) to (f) of section 3746.04 4702
of the Revised Code and, if the audit was conducted in accordance 4703
with those priorities, an indication as to which of them resulted 4704
in the selection of the voluntary action for an audit; 4705

       (c) A brief summary of the findings of the audit and any 4706
action taken by the environmental protection agency as a result of 4707
those findings. 4708

       (4) The number of covenants not to sue revoked during the 4709
preceding calendar year through the operation of divisions 4710
(A)(2)(c) and (B) of section 3746.12, division (B)(2) of section 4711
3746.18, and division (B) of section 3746.19 of the Revised Code 4712
and for each property for which a covenant was revoked, at least 4713
both of the following: 4714

       (a) The address of the property affected by the revocation 4715
and name of the person who undertook the voluntary action at the 4716
property; 4717

       (b) The reason for the revocation. 4718

       (5) The amount of money credited to the voluntary action 4719
administration fund created in section 3746.16 of the Revised Code 4720
during the preceding fiscal year from the fees established in 4721
divisions (D) and (H) of section 3746.07 and division (C) of 4722
section 3746.13 of the Revised Code ~~and pursuant to rules adopted~~ 4723
~~under divisions (B)(5) and (8) of section 3746.08 of the Revised~~ 4724
~~Code~~ and from civil penalties imposed under section 3746.22 of the 4725
Revised Code. The report shall indicate the amount of money that 4726
arose from each of the fees and from the civil penalties. The 4727
report also shall include the amount of money expended from the 4728
fund during the preceding fiscal year by program category, 4729
including, without limitation, the amount expended for conducting 4730
audits under section 3746.17 of the Revised Code during the 4731
preceding fiscal year. 4732

       (6) For each property that is receiving a tax abatement under 4733
section 5709.87 of the Revised Code for the preceding tax year, 4734
the amount of the valuation exempted from real property taxation 4735
for that tax year under that section. In order to comply with 4736
division (A)(6) of this section, the director shall include in the 4737
annual report the report required to be provided to ~~him~~the 4738
director by the director of development under division (B)(2) of 4739
this section. The sole responsibility of the director of 4740
environmental protection regarding the report provided to ~~him~~the 4741
director under that division is to include it in the annual report 4742
prepared under division (A) of this section. 4743

       (7) For each property that is receiving a tax abatement 4744
pursuant to an agreement with a municipal corporation or county 4745
entered into under section 5709.88 of the Revised Code, the amount 4746
of the valuation exempted from real or personal property taxation. 4747
In order to comply with division (A)(7) of this section, the 4748
director shall include in the annual report the report required to 4749
be provided to ~~him~~the director by the director of development 4750
under division (C) of this section. The sole responsibility of the 4751
director of environmental protection regarding the report provided 4752
to ~~him~~the director under that division is to ~~inlcude~~include it 4753
in the annual report prepared under division (A) of this section. 4754

       ~~(8) Recommendations submitted to the director by the property~~ 4755
~~revitalization board created under section 3746.08 of the Revised~~ 4756
~~Code for any legislative and administrative action necessary to~~ 4757
~~promote economic and financial incentives to achieve the purposes~~ 4758
~~of this chapter.~~ 4759

       (B)(1) Not later than March 31, 1996, the county auditor of 4760
each county in which is located any property that is receiving a 4761
tax abatement under section 5709.87 of the Revised Code shall 4762
report to the director of development for each such property both 4763
of the following as applicable to tax year 1995: 4764

       (a) The address of the property and the name of the owner as 4765
stated in the records of the county auditor of the county in which 4766
the property is located; 4767

       (b) The amount of the valuation of the property that was 4768
exempted from real property taxation under that section. 4769

       Not later than the thirty-first day of March of each 4770
subsequent year, each such county auditor shall report the 4771
information described in those divisions to the director of 4772
development for each property within the county that is receiving 4773
a tax abatement under that section for the preceding tax year. 4774

       (2) Not later than July 1, 1996, and not later than the first 4775
day of July of each subsequent year, the director of development 4776
shall compile the information provided to ~~him~~the director under 4777
division (B)(1) of this section applicable to the preceding tax 4778
year into a report covering all of the counties in the state in 4779
which are located properties receiving a tax abatement under 4780
section 5709.87 of the Revised Code for the preceding tax year and 4781
shall forward the report to the director of environmental 4782
protection. The sole responsibility of the director of development 4783
in preparing the report is to compile the information submitted to 4784
~~him~~the director by the county auditors under division (B)(1) of 4785
this section. 4786

       (C) Not later than July 1, 1996, and not later than the first 4787
day of July of each subsequent year, the director of development 4788
shall compile the information provided to ~~him~~the director by 4789
municipal corporations and counties under division (A) of section 4790
5709.882 of the Revised Code applicable to the preceding calendar 4791
year into a report covering, by county, all of the municipal 4792
corporations and counties in this state in which are located 4793
properties receiving a tax abatement pursuant to an agreement 4794
entered into under section 5709.88 of the Revised Code and shall 4795
forward the report to the director of environmental protection. 4796
The sole responsibility of the director of development in 4797
preparing the report is to compile the information submitted to 4798
him by municipal corporations and counties under division (A) of 4799
section 5709.882 of the Revised Code. 4800

       Sec. 3747.02. (A)(1) The governor, with the advice and 4801
consent of the senate, shall appoint the Ohio member of the 4802
midwest interstate low-level radioactive waste commission. The 4803
commissioner shall serve at the pleasure of the governor and shall 4804
be reimbursed for actual and necessary expenses incurred in the 4805
performance of ~~his~~official duties. 4806

       (2) As used in this section, "compact" means the midwest 4807
interstate compact on low-level radioactive waste entered into 4808
under section 3747.01 of the Revised Code. 4809

       (B) The representative from this state on the commission 4810
shall not cast a vote contrary to Ohio law. 4811

       (C) The representative from this state on the commission 4812
shall not cast an affirmative vote on the following matters before 4813
the commission without the prior approval of ~~a majority of the~~ 4814
~~members of the board of directors of the Ohio low-level~~ 4815
~~radioactive waste facility development authority created in~~ 4816
~~section 3747.05 of the Revised Code~~the governor: 4817

       (1) Approval by the commission of the amount of the long-term 4818
care fund established by this state pursuant to Article VI(O) of 4819
the compact ~~and division (B) of section 3747.18 of the Revised~~ 4820
~~Code~~; 4821

       (2) Relief of a party state to the compact of its 4822
responsibility to serve as a host state under Article VI(E) of the 4823
compact; 4824

       (3) A requirement pursuant to Article VI(F) of the compact 4825
that this state use alternate technology to that proposed by this 4826
state for a compact facility in this state; 4827

       (4) ~~Disposal of any of the waste described in division (B) of~~ 4828
~~section 3747.13 of the Revised Code in a compact facility in a~~ 4829
~~party state in the compact other than this state;~~ 4830

       ~~(5)~~ Authorization of the early closing of a compact facility 4831
under Article III(H)(7) of the compact; 4832

       ~~(6)~~(5) Any agreement between this state and the commission or 4833
a state other than Ohio that determines or alters the rights, 4834
powers, or obligations of this state under the compact; 4835

       ~~(7)~~(6) Modification of the requirements of Article VI(L)(2), 4836
(3), or (5) of the compact if the then operating compact facility 4837
is in this state; 4838

       ~~(8)~~(7) Admission by the commission of a new party state to 4839
the compact; 4840

       ~~(9)~~(8) Revocation by the commission of the membership of a 4841
party state in the compact. 4842

       (D) A vote by the representative from this state on the 4843
commission that is inconsistent with division (B) or (C) of this 4844
section is void and is not enforceable. 4845

       Sec. 3748.01. As used in this chapter: 4846

       (A) "Byproduct material" means either of the following: 4847

       (1) Any radioactive material, except special nuclear 4848
material, yielded in or made radioactive by exposure to radiation 4849
incident to the process of producing or utilizing special nuclear 4850
material; 4851

       (2) The tailings or wastes produced by the extraction or 4852
concentration of uranium or thorium from any ore processed 4853
primarily for its source material content. 4854

       (B) "Certified radiation expert" means an individual who has 4855
complied with all of the following: 4856

       (1) Applied to the director of health for certification as a 4857
radiation expert under section 3748.12 of the Revised Code; 4858

       (2) Met minimum education and experience requirements 4859
established in rules adopted under division (C) of section 3748.04 4860
of the Revised Code; 4861

       (3) Been granted a certificate as a radiation expert by the 4862
director under section 3748.12 of the Revised Code. 4863

       (C) "Closure" or "site closure" refers to a facility for the 4864
disposal of low-level radioactive waste or a byproduct material 4865
site, as "byproduct material" is defined in division (A)(2) of 4866
this section, and means all activities performed at a licensed 4867
operation, such as stabilization and contouring, to ensure that 4868
the site where the operation occurred is in a stable condition so 4869
that only minor custodial care, surveillance, and monitoring are 4870
necessary at the site following the termination of the licensed 4871
operation. 4872

       (D) "Decommissioning" means to safely remove any licensed 4873
operation from service and reduce residual radioactivity to a 4874
level that permits release of the licensee's property for 4875
unrestricted use. With regard to a facility for the disposal of 4876
low-level radioactive waste or a byproduct material site, as 4877
"byproduct material" is defined in division (A)(2) of this 4878
section, "decommissioning" does not include the reduction of 4879
residual radioactivity to a level that permits release of the 4880
facility for unrestricted use. 4881

       (E) "Director of health" includes a designee or authorized 4882
representative of the director. 4883

       (F) "Disposal," with regard to low-level radioactive waste, 4884
means the permanent isolation of that waste in accordance with 4885
requirements established by the United States nuclear regulatory 4886
commission or the licensing agreement state. 4887

       (G) "Disposal site" ~~has the same meaning as in section~~ 4888
~~3747.04 of the Revised Code~~means that portion of a facility that 4889
is used for the disposal of low-level radioactive waste and that 4890
consists of disposal units and a buffer zone. "Disposal unit" 4891
means a discrete portion of such a facility into which low-level 4892
radioactive waste is placed for disposal. 4893

       (H)(1) Except as provided in division (H)(2) of this section, 4894
"facility" means the state, any political subdivision, person, 4895
public or private institution, or group, or any unit of one of 4896
those entities, but does not include the federal government or any 4897
of its agencies. 4898

       (2) For the purposes of the disposal of low-level radioactive 4899
waste, "facility" has the same meaning as in section 3747.01 of 4900
the Revised Code. 4901

       (I) "Handle" means receive, possess, use, store, transfer, 4902
install, service, or dispose of sources of radiation unless 4903
possession is solely for the purpose of transportation. 4904

       (J) "Handler" means a facility that handles sources of 4905
radiation unless possession is solely for the purpose of 4906
transportation. 4907

       (K) "Inspection" means an official review, examination, or 4908
observation, including, without limitation, tests, surveys, and 4909
monitoring, that is used to determine compliance with rules, 4910
orders, requirements, and conditions of the department of health 4911
and that is conducted by the director of health. 4912

       (L) "Low-level radioactive waste" has the same meaning as in 4913
section 3747.01 of the Revised Code with regard to the disposal of 4914
low-level radioactive waste. In regard to regulatory control at 4915
locations other than a disposal facility, "low-level radioactive 4916
waste" has the same meaning as in 42 U.S.C.A. 2021b. 4917

       (M) "Quality assurance program" means a program providing for 4918
verification by written procedures such as testing, auditing, and 4919
inspection to ensure that deficiencies, deviations, defective 4920
equipment, or unsafe practices, or a combination thereof, relating 4921
to the use, disposal, management, or manufacture of radiation 4922
sources are identified, promptly corrected, and reported to the 4923
appropriate regulatory authorities. 4924

       (N) "Radiation" means ionizing and nonionizing radiation. 4925

       (1) "Ionizing radiation" means gamma rays and X-rays, alpha 4926
and beta particles, high-speed electrons, neutrons, protons, and 4927
other nuclear particles, but does not include sound or radio waves 4928
or visible, infrared, or ultraviolet light. 4929

       (2) "Nonionizing radiation" means any electromagnetic 4930
radiation, other than ionizing electromagnetic radiation, or any 4931
sonic, ultrasonic, or infrasonic wave. 4932

       (O) "Radioactive material" means any solid, liquid, or 4933
gaseous material that emits ionizing radiation spontaneously. 4934
"Radioactive material" includes accelerator-produced and naturally 4935
occurring materials and byproduct, source, and special nuclear 4936
material. 4937

       (P) "Radiation-generating equipment" means any manufactured 4938
product or device, or component of such a product or device, or 4939
any machine or system that during operation can generate or emit 4940
radiation, except those that emit radiation only from radioactive 4941
material. "Radiation-generating equipment" does not include either 4942
of the following: 4943

       (1) Diathermy machines; 4944

       (2) Microwave ovens, including food service microwave ovens 4945
used for commercial and industrial uses, television receivers, 4946
electric lamps, and other household appliances and products that 4947
generate very low levels of radiation. 4948

       (Q) "Source material" means uranium, thorium, or any 4949
combination thereof in any physical or chemical form, or any ores 4950
that contain by weight at least one-twentieth of one per cent of 4951
uranium, thorium, or any combination thereof. "Source material" 4952
does not include special nuclear material. 4953

       (R) "Source of radiation" means radioactive material or 4954
radiation-generating equipment. 4955

       (S) "Special nuclear material" means either of the following: 4956

       (1) Plutonium, uranium 233, uranium enriched in the isotope 4957
233 or in the isotope 235, and any other material that the United 4958
States nuclear regulatory commission determines to be special 4959
nuclear material, but does not include source material pursuant to 4960
section 51 of the "Atomic Energy Act of 1954," 68 Stat. 919, 42 4961
U.S.C.A. 2071." 4962

       (2) Except for any source material, any material artificially 4963
enriched by any of the materials identified in division (S)(1) of 4964
this section. 4965

       (T) "Storage" means the retention of radioactive materials, 4966
including low-level radioactive waste, prior to disposal in a 4967
manner that allows for surveillance, control, and subsequent 4968
retrieval. 4969

       Sec. 3748.02. (A) The department of health is hereby 4970
designated the Ohio radiation control agency. 4971

       (B) In accordance with the laws of this state, the director 4972
of health may employ, compensate, and prescribe the duties of 4973
individuals necessary to implement and administer this chapter and 4974
the rules adopted under it ~~and for the purposes of division (A)(4)~~ 4975
~~of section 3747.06 and section 3747.15 of the Revised Code~~. 4976

       Sec. 3748.04. The public health council, in accordance with 4977
Chapter 119. of the Revised Code, shall adopt and may amend or 4978
rescind rules doing all of the following: 4979

       (A) Listing types of radioactive material for which licensure 4980
by its handler is required and types of radiation-generating 4981
equipment for which registration by its handler is required, and 4982
establishing requirements governing them. Rules adopted under 4983
division (A) of this section shall be compatible with applicable 4984
federal regulations and shall establish all of the following, 4985
without limitation: 4986

       (1) Requirements governing both of the following: 4987

       (a) The licensing and inspection of handlers of radioactive 4988
material. Standards established in rules adopted under division 4989
(A)(1)(a) of this section regarding byproduct material or any 4990
activity that results in the production of that material, to the 4991
extent practicable, shall be equivalent to or more stringent than 4992
applicable standards established by the United States nuclear 4993
regulatory commission. 4994

       (b) The registration and inspection of handlers of 4995
radiation-generating equipment. Standards established in rules 4996
adopted under division (A)(1)(b) of this section, to the extent 4997
practicable, shall be equivalent to applicable standards 4998
established by the food and drug administration in the United 4999
States department of health and human services. 5000

       (2) Identification of and requirements governing possession 5001
and use of specifically licensed and generally licensed quantities 5002
of radioactive material as either sealed sources or unsealed 5003
sources; 5004

       (3) A procedure for the issuance of and the frequency of 5005
renewal of the licenses of handlers of radioactive material, other 5006
than a license for a facility for the disposal of low-level 5007
radioactive waste, and of the certificates of registration of 5008
handlers of radiation-generating equipment; 5009

       (4) Procedures for suspending and revoking the licenses of 5010
handlers of radioactive material and the certificates of 5011
registration of handlers of radiation-generating equipment; 5012

       (5) Criteria to be used by the director of health in amending 5013
the license of a handler of radioactive material or the 5014
certificate of registration of a handler of radiation-generating 5015
equipment subsequent to its issuance; 5016

       (6) Criteria for achieving and maintaining compliance with 5017
this chapter and rules adopted under it by licensees and 5018
registrants; 5019

       (7) Criteria governing environmental monitoring of licensed 5020
and registered activities to assess compliance with this chapter 5021
and rules adopted under it; 5022

       (8) Except as otherwise provided in division (A)(8) of this 5023
section, fees for the licensing of handlers of radioactive 5024
material, other than a facility for the disposal of low-level 5025
radioactive waste, and the registration of handlers of 5026
radiation-generating equipment and a fee schedule for their 5027
inspection. Rules adopted under division (A)(8) of this section 5028
shall not revise any fees established in section 3748.07 or 5029
3748.13 of the Revised Code to be paid by any handler of 5030
radiation-generating equipment that is a medical practitioner or a 5031
corporation, partnership, or other business entity consisting of 5032
medical practitioners, other than a hospital as defined in section 5033
3727.01 of the Revised Code. 5034

       As used in division (A)(8) of this section, "medical 5035
practitioner" means a person who is authorized to practice 5036
dentistry pursuant to Chapter 4715. of the Revised Code; medicine 5037
and surgery, osteopathic medicine and surgery, or podiatry 5038
pursuant to Chapter 4731. of the Revised Code; or chiropractic 5039
pursuant to Chapter 4734. of the Revised Code. 5040

       ~~(9) With regard to a facility for the disposal of low-level~~ 5041
~~radioactive waste, an application fee to cover the costs incurred~~ 5042
~~by the department of health for review of the license application~~ 5043
~~submitted by the contractor selected under division (A)(6) of~~ 5044
~~section 3747.06 and section 3747.10 of the Revised Code by the~~ 5045
~~board of directors of the Ohio low-level radioactive waste~~ 5046
~~facility development authority created in section 3747.05 of the~~ 5047
~~Revised Code to develop and operate the facility, which shall be~~ 5048
~~paid by the contractor at the time of receipt of an invoice from~~ 5049
~~the department; a license review fee to cover the costs of the~~ 5050
~~department for review of that license, which shall be paid by the~~ 5051
~~contractor every five years after the issuance of the license; and~~ 5052
~~a fee for routine compliance monitoring, which shall be paid~~ 5053
~~annually by the contractor. Fees collected pursuant to rules~~ 5054
~~adopted under division (A)(9) of this section shall be deposited~~ 5055
~~into the state treasury to the credit of the general operations~~ 5056
~~fund created in section 3701.83 of the Revised Code. The fees~~ 5057
~~shall be used solely to administer and enforce this chapter and~~ 5058
~~rules adopted under it. A fee for routine compliance monitoring~~ 5059
~~required pursuant to rules adopted under division (A)(9) of this~~ 5060
~~section that has not been paid within ninety days after the~~ 5061
~~invoice date shall be assessed at two times the original invoiced~~ 5062
~~fee. Any such fee that has not been paid within one hundred eighty~~ 5063
~~days after the invoice date shall be assessed at five times the~~ 5064
~~original invoiced fee.~~ 5065

       (B)(1) Identifying sources of radiation, circumstances of 5066
possession, use, or disposal of sources of radiation, and levels 5067
of radiation that constitute an unreasonable or unnecessary risk 5068
to human health or the environment; 5069

       (2) Establishing requirements for the achievement and 5070
maintenance of compliance with standards for the receipt, 5071
possession, use, storage, installation, transfer, servicing, and 5072
disposal of sources of radiation to prevent levels of radiation 5073
that constitute an unreasonable or unnecessary risk to human 5074
health or the environment; 5075

       (3) Requiring the maintenance of records on the receipt, use, 5076
storage, transfer, and disposal of radioactive material and on the 5077
radiological safety aspects of the use and maintenance of 5078
radiation-generating equipment. 5079

       In adopting rules under divisions (A) and (B) of this 5080
section, the council shall use standards no less stringent than 5081
the "suggested state regulations for control of radiation" 5082
prepared by the conference of radiation control program directors, 5083
inc., and regulations adopted by the United States nuclear 5084
regulatory commission, the United States environmental protection 5085
agency, and the United States department of health and human 5086
services and shall consider reports of the national council on 5087
radiation protection and measurement and the relevant standards of 5088
the American national standards institute. 5089

       (C) Establishing fees, procedures, and requirements for 5090
certification as a radiation expert, including all of the 5091
following, without limitation: 5092

       (1) Minimum training and experience requirements; 5093

       (2) Procedures for applying for certification; 5094

       (3) Procedures for review of applications and issuance of 5095
certificates; 5096

       (4) Procedures for suspending and revoking certification. 5097

       (D) Establishing a schedule for inspection of sources of 5098
radiation and their shielding and surroundings; 5099

       (E) Establishing the responsibilities of a radiation expert; 5100

       (F) Establishing criteria for quality assurance programs for 5101
licensees of radioactive material and registrants of 5102
radiation-generating equipment; 5103

       (G) Establishing fees to be paid by any facility that, on 5104
September 8, 1995, holds a license from the United States nuclear 5105
regulatory commission in order to provide moneys necessary for the 5106
transfer of licensing and other regulatory authority from the 5107
commission to the state pursuant to section 3748.03 of the Revised 5108
Code. Rules adopted under this division shall stipulate that fees 5109
so established do not apply to any functions dealing specifically 5110
with a facility for the disposal of low-level radioactive waste. 5111
Fees collected under this division shall be deposited into the 5112
state treasury to the credit of the general operations fund 5113
created in section 3701.83 of the Revised Code. The fees shall be 5114
used solely to administer and enforce this chapter and rules 5115
adopted under it. 5116

       (H) Establishing fees to be collected annually from 5117
generators of low-level radioactive waste, which shall be based 5118
upon the volume and radioactivity of the waste generated and the 5119
costs of administering low-level radioactive waste management 5120
activities under this chapter and rules adopted under it. All fees 5121
collected under this division shall be deposited into the state 5122
treasury to the credit of the general operations fund created in 5123
section 3701.83 of the Revised Code. The fees shall be used solely 5124
to administer and enforce this chapter and rules adopted under it. 5125
Any fee required under this division that has not been paid within 5126
ninety days after the invoice date shall be assessed at two times 5127
the original invoiced fee. Any fee that has not been paid within 5128
one hundred eighty days after the invoice date shall be assessed 5129
at five times the original invoiced fee. 5130

       (I) Establishing requirements governing closure, 5131
decontamination, decommissioning, reclamation, and long-term 5132
surveillance and care of a facility licensed under this chapter 5133
and rules adopted under it. Rules adopted under division (I) of 5134
this section shall include, without limitation, all of the 5135
following: 5136

       (1) Standards and procedures to ensure that a licensee 5137
prepares a decommissioning funding plan that provides an adequate 5138
financial guaranty to permit the completion of all requirements 5139
governing the closure, decontamination, decommissioning, and 5140
reclamation of sites, structures, and equipment used in 5141
conjunction with a licensed activity; 5142

       (2) For licensed activities where radioactive material that 5143
will require surveillance or care is likely to remain at the site 5144
after the licensed activities cease, as indicated in the 5145
application for the license submitted under section 3748.07 of the 5146
Revised Code, standards and procedures to ensure that the licensee 5147
prepares an additional decommissioning funding plan for long-term 5148
surveillance and care, before termination of the license, that 5149
provides an additional adequate financial guaranty as necessary to 5150
provide for that surveillance and care; 5151

       (3) For the purposes of the decommissioning funding plans 5152
required in rules adopted under divisions (I)(1) and (2) of this 5153
section, the types of acceptable financial guaranties, which shall 5154
include bonds issued by fidelity or surety companies authorized to 5155
do business in the state, certificates of deposit, deposits of 5156
government securities, irrevocable letters or lines of credit, 5157
trust funds, escrow accounts, or other similar types of 5158
arrangements, but shall not include any arrangement that 5159
constitutes self-insurance; 5160

       (4) A requirement that the decommissioning funding plans 5161
required in rules adopted under divisions (I)(1) and (2) of this 5162
section contain financial guaranties in amounts sufficient to 5163
ensure compliance with any standards established by the United 5164
States nuclear regulatory commission, or by the state if it has 5165
become an agreement state pursuant to section 3748.03 of the 5166
Revised Code, pertaining to closure, decontamination, 5167
decommissioning, reclamation, and long-term surveillance and care 5168
of licensed activities and sites of licensees. 5169

       Standards established in rules adopted under division (I) of 5170
this section regarding any activity that resulted in the 5171
production of byproduct material, as defined in division (A)(2) of 5172
section 3748.01 of the Revised Code, to the extent practicable, 5173
shall be equivalent to or more stringent than standards 5174
established by the United States nuclear regulatory commission for 5175
sites at which ores were processed primarily for their source 5176
material content and at which byproduct material, as defined in 5177
division (A)(2) of section 3748.01 of the Revised Code, is 5178
deposited. 5179

       (J) ~~Establishing qualifications for members of the license~~ 5180
~~review board appointed under division (B) of section 3748.09 of~~ 5181
~~the Revised Code;~~ 5182

       ~~(K)~~ Establishing criteria governing inspections of a facility 5183
for the disposal of low-level radioactive waste, including, 5184
without limitation, the establishment of a resident inspector 5185
program at such a facility; 5186

       ~~(L)~~(K) Establishing requirements and procedures governing the 5187
filing of complaints under section 3748.16 of the Revised Code, 5188
including, without limitation, those governing intervention in a 5189
hearing held under division (B)(3) of that section; 5190

       ~~(M) Establishing requirements and procedures for entering~~ 5191
~~into an agreement with the board of directors of the Ohio~~ 5192
~~low-level radioactive waste facility development authority created~~ 5193
~~in section 3747.05 of the Revised Code for the payment of the~~ 5194
~~department's costs incurred pursuant to division (A)(4) of section~~ 5195
~~3747.06 of the Revised Code and Article III(I)(5) of the midwest~~ 5196
~~interstate compact on low-level radioactive waste established~~ 5197
~~under section 3747.01 of the Revised Code~~. 5198

       Sec. 3748.05. (A) The director of health shall do all of the 5199
following: 5200

       (1) Administer and enforce this chapter and the rules adopted 5201
under it; 5202

       (2) Collect and make available information relating to 5203
sources of radiation; 5204

       (3) Ensure the review of plans and specifications, submitted 5205
in accordance with rules adopted by the public health council, for 5206
the control of radiation that constitutes an unreasonable or 5207
unnecessary risk to human health or the environment; 5208

       (4) Review reports of quality assurance audits performed by 5209
certified radiation experts under this chapter and the rules 5210
adopted under it; 5211

       (5) Ensure that programs for the control of sources of 5212
radiation are developed with due regard for compatibility with 5213
federal programs for the regulation of byproduct, source, and 5214
special nuclear materials; 5215

       (6) In accordance with Chapter 119. of the Revised Code, 5216
adopt, and subsequently may amend and rescind, rules providing for 5217
the administrative assessment and collection of monetary penalties 5218
for failure by any facility licensed under this chapter and rules 5219
adopted under it to comply with this chapter and those rules. The 5220
director may require the submission of compliance schedules and 5221
other related information. Any orders issued or payments or other 5222
requirements imposed pursuant to rules adopted under division 5223
(A)(6) of this section shall not affect any civil or criminal 5224
enforcement proceeding brought under this chapter or any other 5225
provision of state or local law. Moneys collected as 5226
administrative penalties imposed pursuant to rules adopted under 5227
division (A)(6) of this section shall be deposited in the state 5228
treasury to the credit of the general operations fund created in 5229
section 3701.83 of the Revised Code. The moneys shall be used 5230
solely to administer and enforce this chapter and the rules 5231
adopted under it. 5232

       (7) Maintain files of both of the following: 5233

       (a) All license and registration applications, issuances, 5234
denials, amendments, renewals, suspensions, and revocations and 5235
any administrative or judicial action pertaining to them; 5236

       (b) All rules adopted under this chapter, or proposed to be 5237
adopted, relating to the regulation of sources of radiation and 5238
proceedings on them. 5239

       ~~(8) In accordance with chapter 119. of the Revised Code,~~ 5240
~~adopt, and subsequently may amend and rescind, rules of procedure~~ 5241
~~to govern any adjudication conducted by the license review board~~ 5242
~~under division (B)(3)(c) of section 3748.09 of the Revised Code.~~ 5243
~~The rules adopted under division (A)(8) of this section shall be~~ 5244
~~in substantial conformity with the procedural rules established in~~ 5245
~~10 C.F.R. 2.705-2.759.~~ 5246

       (B) The director may do any or all of the following: 5247

       (1) Advise, consult, and cooperate with other agencies of the 5248
state, the federal government, other states, interstate agencies, 5249
political subdivisions, industries, and other affected groups in 5250
furtherance of the purposes of this chapter and the rules adopted 5251
under it; 5252

       (2) Accept and administer grants from the federal government 5253
and from other sources, public or private, for carrying out any of 5254
the director's functions under this chapter and the rules adopted 5255
under it; 5256

       (3) Encourage, participate in, or conduct studies, 5257
investigations, training, research, and demonstrations relating to 5258
the detection and control of radiation that constitutes an 5259
unreasonable or unnecessary risk to human health or the 5260
environment, the measurement of radiation, the evaluation of 5261
potential effects on health of cumulative or acute exposure to 5262
radiation, the development and improvement of methods to limit and 5263
reduce the generation of radioactive waste, and related problems 5264
as the director considers necessary or advisable; 5265

       (4) In accordance with Chapter 119. of the Revised Code, 5266
adopt rules establishing criteria under which other agencies of 5267
the state or private entities may perform inspections of x-ray 5268
equipment at registered dental ~~facilites~~facilities at the request 5269
of the facility or pursuant to contract with the department; 5270

       (5) Exercise all incidental powers necessary to carry out the 5271
purposes of this chapter and the rules adopted under it, 5272
including, without limitation, the issuance of orders. 5273

       Sec. 3748.16. (A)(1) The director of health shall conduct 5274
regular inspections of the facility for the disposal of low-level 5275
radioactive waste in accordance with rules adopted under division 5276
~~(K)~~(J) of section 3748.04 of the Revised Code and, in accordance 5277
with those rules, shall provide for at least one resident 5278
inspector at the facility. 5279

       (2) Concentrations of radioactive materials released into the 5280
environment during operation, closure, institutional control, and 5281
long-term care of the facility shall be kept as low as are 5282
reasonably achievable and shall not exceed levels established in 5283
rules adopted under division (A)(7) of section 3748.04 of the 5284
Revised Code or the standards set forth in 10 C.F.R. 61.41, 5285
whichever are more stringent. The director shall establish a 5286
program to monitor concentrations of radioactive materials so 5287
released and shall conduct an investigation if monitoring results 5288
indicate concentrations of radioactive materials at levels that 5289
are greater than the established background for a monitoring point 5290
to determine ~~both of~~ the ~~following:~~ 5291

       ~~(a) The~~ source of the increased radiation level; 5292

       ~~(b) If violations of this chapter or Chapter 3747. of the~~ 5293
~~Revised Code, rules adopted under them, or conditions of the~~ 5294
~~license issued for the facility under section 3748.09 and rules~~ 5295
~~adopted under division (A) of section 3748.04 of the Revised Code~~ 5296
~~resulted in the increase.~~ 5297

       ~~The director shall identify corrective actions to be taken~~ 5298
~~based on the findings of the investigation and shall require the~~ 5299
~~contractor selected under division (A)(6) of section 3747.06 and~~ 5300
~~section 3747.10 of the Revised Code by the board of directors of~~ 5301
~~the Ohio low-level radioactive waste facility development~~ 5302
~~authority created in section 3747.05 of the Revised Code to submit~~ 5303
~~a corrective action plan in writing~~. 5304

       (B)(1) An officer of an agency of the state or of a political 5305
subdivision, acting in the officer's representative capacity, or 5306
any person may file a written complaint with the director, in 5307
accordance with rules adopted under division ~~(L)~~(K) of section 5308
3748.04 of the Revised Code, regarding the failure or alleged 5309
failure of the facility for the disposal of low-level radioactive 5310
waste to comply with health or safety requirements established 5311
under this chapter or Chapter 3747. of the Revised Code or rules 5312
adopted under them. The complaint shall be verified by an 5313
affidavit of the complainant or the complainant's agent or 5314
attorney. The affidavit may be made before any person authorized 5315
by law to administer oaths and shall be signed by the officer or 5316
person who makes it. The person before whom it was taken shall 5317
certify that it was sworn to before that person and signed in that 5318
person's presence, and the certificate signed officially by that 5319
person shall be evidence that the affidavit was made, that the 5320
name of the officer or person was written by that officer or 5321
person, and that the signer was that officer or person. 5322

       (2) Upon receipt of a complaint under division (B)(1) of this 5323
section, the director shall cause a prompt investigation to be 5324
conducted as is reasonably necessary to determine whether the 5325
facility has failed or is failing to comply with the health or 5326
safety requirements identified in the complaint. The investigation 5327
shall include a discussion of the complaint with the contractor. 5328

       (3) The director may hold a hearing on the complaint. Not 5329
less than twenty days before the hearing, the director shall cause 5330
publication of a notice of the hearing in the county in which the 5331
facility is located and shall mail written notice by certified 5332
mail, return receipt requested, to the complainant and to the 5333
contractor. The hearing shall be conducted before the director or 5334
a hearing examiner designated by the director. The department of 5335
health and the contractor shall be parties. The complainant may 5336
participate as a party by filing with the director, at any time 5337
prior to the hearing, a written notice of the complainant's intent 5338
to participate. Any other person may be permitted to intervene 5339
upon the granting by the director or hearing examiner of a motion 5340
to intervene filed in accordance with rules adopted under division 5341
~~(L)~~(K) of section 3748.04 of the Revised Code. 5342

       If the director does not hold a hearing, the director shall 5343
provide an opportunity to the complainant and the contractor to 5344
attend a conference with the director concerning the complaint. 5345

       (4) Following the completion of the investigation under 5346
division (B)(2) of this section and the hearing or conference 5347
under division (B)(3) of this section, if the director determines 5348
that the facility is in compliance with the health or safety 5349
requirements identified in the complaint, the director shall 5350
dismiss the complaint. If the director determines that the 5351
facility is not in compliance with those requirements, the 5352
director shall issue an order under division (B)(4) of section 5353
3748.05 of the Revised Code requiring the contractor to bring the 5354
facility into compliance and to submit a written discussion of how 5355
that will be accomplished. The director also may do any or all of 5356
the following: 5357

       (a) Suspend or revoke the facility's license in accordance 5358
with rules adopted under division (A) of section 3748.04 of the 5359
Revised Code; 5360

       (b) Issue an order assessing an administrative penalty in 5361
accordance with rules adopted under division (A)(6) of section 5362
3748.05 of the Revised Code; 5363

       (c) Request the attorney general, in writing, to commence 5364
appropriate legal proceedings, including a civil action for 5365
imposition of a civil penalty under section 3748.19 of the Revised 5366
Code and criminal prosecution. 5367

       (C) If the director suspends or revokes the license of the 5368
facility for the disposal of low-level radioactive waste for any 5369
reason in accordance with rules adopted under division (A) or (B) 5370
of section 3748.04 of the Revised Code, the contractor shall 5371
indemnify the state for any loss suffered by the state as a result 5372
of the lack of disposal capacity for low-level radioactive waste 5373
that otherwise would have been disposed of at the facility. 5374

       (D) The provisions of division (A) of this section 5375
establishing requirements governing the director and divisions (B) 5376
and (C) of this section apply only if the state becomes an 5377
agreement state pursuant to section 3748.03 of the Revised Code. 5378

       Sec. 3929.482. (A) ~~The Ohio fair plan underwriting~~ 5379
~~association by action of its board of governors, with the approval~~ 5380
~~of the superintendent of insurance, is authorized to enter into a~~ 5381
~~contract with any association formed under a medical professional~~ 5382
~~liability insurance plan created by authority of section 3929.72~~ 5383
~~of the Revised Code, whereby Ohio fair plan underwriting~~ 5384
~~association will perform administrative services necessary or~~ 5385
~~incidental to the operation of the medical professional liability~~ 5386
~~insurance plan. Such contract shall provide that the Ohio fair~~ 5387
~~plan underwriting association will be reimbursed for its actual~~ 5388
~~expenses incurred in performing such services. Common expenses~~ 5389
~~applicable both to the Ohio fair plan and to the medical~~ 5390
~~professional liability insurance plan shall be allocated between~~ 5391
~~them on an equitable basis approved by the superintendent of~~ 5392
~~insurance.~~ 5393

       ~~(B)~~ The Ohio fair plan underwriting association by action of 5394
its board of governors, with the approval of the superintendent of 5395
insurance, is authorized to enter into a contract with the Ohio 5396
mine subsidence insurance underwriting association to provide 5397
administrative and claims adjusting services required by it. Such 5398
contract shall provide indemnification by the Ohio mine subsidence 5399
insurance underwriting association to the Ohio fair plan 5400
underwriting association, its members, members of its board of 5401
governors, and its officers, employees, and agents against all 5402
liability, loss, and expense resulting from acts done or omitted 5403
in good faith in performing such contract. Such contract shall 5404
also provide that the Ohio fair plan underwriting association will 5405
be reimbursed for its actual expenses incurred in performing such 5406
services. Common expenses applicable both to the Ohio fair plan 5407
and to the mine subsidence insurance underwriting association 5408
shall be allocated between them on an equitable basis approved by 5409
the superintendent of insurance. 5410

       ~~(C)~~(B) The Ohio fair plan underwriting association by action 5411
of its board of governors, with the approval of the superintendent 5412
of insurance, is authorized to enter into a contract with the Ohio 5413
commercial joint underwriting association to provide 5414
administrative and claims adjusting services required by it. Such 5415
contract shall provide indemnification by the Ohio commercial 5416
joint underwriting association to the Ohio fair plan underwriting 5417
association, its members, members of its board of governors, and 5418
its officers, employees, and agents against all liability, loss, 5419
and expenses resulting from acts done or omitted in good faith in 5420
performing such contract. Such contract shall also provide that 5421
the Ohio fair plan underwriting association will be reimbursed for 5422
its actual expenses incurred in performing such services. Common 5423
expenses applicable both to the Ohio fair plan and to the Ohio 5424
commercial joint underwriting association shall be allocated 5425
between them on an equitable basis approved by the superintendent 5426
of insurance. 5427

       Sec. 3929.682. ~~(A)~~ A medical liability fund is hereby created 5428
in the state treasury. The medical liability fund shall ~~consist of~~ 5429
~~the remaining funds of the joint underwriting association, the~~ 5430
~~association created under section 3929.72 of the Revised Code and~~ 5431
~~dissolved under section 3929.721 of the Revised Code, and shall~~ be 5432
used for the purposes of funding the medical liability 5433
underwriting association that is created in accordance with 5434
sections 3929.62 to 3929.70 of the Revised Code or for funding 5435
another medical malpractice initiative with the approval of the 5436
general assembly. 5437

       ~~(B) As used in this section, "remaining funds of the joint~~ 5438
~~underwriting association" means funds paid to the treasurer of~~ 5439
~~state in accordance with section 3929.721 of the Revised Code and~~ 5440
~~any plan of dissolution or trust agreement adopted under section~~ 5441
~~3929.721 of the Revised Code.~~ 5442

       Sec. 3929.85. No insurer licensed to carry on the business 5443
of insurance in this state that is required by law to contribute 5444
to,or participate in, or ~~which~~that can be assessed by the Ohio 5445
insurance guaranty association pursuant to sections 3955.01 to 5446
3955.19 of the Revised Code, or by the plan for apportionment of 5447
applicants for motor vehicle insurance pursuant to section 4509.70 5448
of the Revised Code, or by the Ohio fair plan underwriting 5449
association pursuant to sections 3929.43 to 3929.61 of the Revised 5450
Code, ~~or by the joint underwriting association pursuant to~~ 5451
~~sections 3929.71 to 3929.85 of the Revised Code,~~ or by the Ohio 5452
commercial insurance joint underwriting association pursuant to 5453
sections 3930.03 to 3930.18 of the Revised Code shall in any 5454
calendar year be required to contribute to, participate in, or be 5455
assessed by any one or more of ~~the aforementioned~~those plans or 5456
associations in an amount or amounts totaling in excess of two and 5457
one-half per cent of its net direct Ohio premium volume for the 5458
year next preceding the year in which the assessment or 5459
assessments are made or the contributions or participations are 5460
required. 5461

       Sec. 3931.01. Individuals, partnerships, and corporations of 5462
this state, designated in sections 3931.01 to 3931.12 of the 5463
Revised Code, as "subscribers," may exchange reciprocal or 5464
interinsurance contracts with each other, and with individuals, 5465
partnerships, and corporations of other states, districts, 5466
provinces, and countries, providing indemnity among themselves 5467
from any loss which may be legally insured against by any fire or 5468
casualty insurance company or association provided that contracts 5469
of indemnity against property damage and bodily injury arising out 5470
of the ownership, maintenance or use of a singly owned private 5471
passenger automobile principally used for nonbusiness purposes may 5472
not be exchanged through a reciprocal insurer which maintains a 5473
surplus over all liabilities of less than two and one-half million 5474
dollars and provided that this exception shall not prohibit the 5475
exchanging of contracts of indemnity against any form of liability 5476
otherwise authorized and arising out of any business or commercial 5477
enterprise. Such contracts and the exchange thereof and such 5478
subscribers, their attorneys, and representatives shall be 5479
regulated by such sections, and no law enacted after July 4, 1917, 5480
shall apply to them, unless they are expressly designated therein. 5481

       Such a contract may be executed by an attorney or other 5482
representative designated "attorney," in sections 3931.01 to 5483
3931.12 of the Revised Code, authorized by and acting for such 5484
subscribers under powers of attorney. Such attorney may be a 5485
corporation. The principal office of such attorney shall be 5486
maintained at the place designated by the subscribers in the 5487
powers of attorney. 5488

       Except for such limitations on assessability as are approved 5489
by the superintendent of insurance, every reciprocal or 5490
interinsurance contract written pursuant to this chapter for 5491
medical malpractice insurance ~~as defined in division (A) of~~ 5492
~~section 3929.71 of the Revised Code~~ shall be fully assessable and 5493
shall contain a statement, in boldface capital letters and in type 5494
more prominent than that of the balance of the contract, setting 5495
forth such terms of ~~accessability~~assessability. As used in this 5496
section, "medical malpractice insurance" means insurance coverage 5497
against the legal liability of the insured and against loss, 5498
damage, or expense incident to a claim arising out of the death, 5499
disease, or injury of any person as the result of negligence or 5500
malpractice in rendering professional service by any licensed 5501
physician, podiatrist, or hospital, as those terms are defined in 5502
section 2305.113 of the Revised Code. 5503

       Sec. 3955.05. Sections 3955.01 to 3955.19 of the Revised 5504
Code apply to all kinds of direct insurance, except: 5505

       (A) Title insurance; 5506

       (B) Fidelity or surety bonds, or any other bonding 5507
obligations; 5508

       (C) Credit insurance, vendors' single interest insurance, 5509
collateral protection insurance, or any similar insurance 5510
protecting the interests of a creditor arising out of a 5511
creditor-debtor transaction; 5512

       (D) Mortgage guaranty, financial guaranty, residual value, or 5513
other forms of insurance offering protection against investment 5514
risks; 5515

       (E) Ocean marine insurance; 5516

       (F) Any insurance provided by or guaranteed by government, 5517
including, but not limited to, any department, board, office, 5518
commission, agency, institution, or other instrumentality or 5519
entity of any branch of state government, any political 5520
subdivision of this state, the United States or any agency of the 5521
United States, or any separate or joint governmental 5522
self-insurance or risk-pooling program, plan, or pool; 5523

       (G) Contracts of any corporation by which health services are 5524
to be provided to its subscribers; 5525

       (H) Life, annuity, health, or disability insurance, including 5526
sickness and accident insurance written pursuant to Chapter 3923. 5527
of the Revised Code; 5528

       (I) Fraternal benefit insurance; 5529

       (J) Mutual protective insurance of persons or property; 5530

       (K) Reciprocal or interinsurance contracts written pursuant 5531
to Chapter 3931. of the Revised Code for medical malpractice 5532
insurance ~~as defined in division (A) of section 3929.71 of the~~ 5533
~~Revised Code;~~. As used in this division, "medical malpractice 5534
insurance" means insurance coverage against the legal liability of 5535
the insured and against loss, damage, or expense incident to a 5536
claim arising out of the death, disease, or injury of any person 5537
as the result of negligence or malpractice in rendering 5538
professional service by any licensed physician, podiatrist, or 5539
hospital, as those terms are defined in section 2305.113 of the 5540
Revised Code. 5541

       (L) Any political subdivision self-insurance program or joint 5542
political subdivision self-insurance pool established under 5543
Chapter 2744. of the Revised Code; 5544

       (M) Warranty or service contracts, or the insurance of ~~such~~ 5545
those contracts; 5546

       (N) Any state university or college self-insurance program 5547
established under section 3345.202 of the Revised Code; 5548

       (O) Any transaction, or combination of transactions, between 5549
a person, including affiliates of such person, and an insurer, 5550
including affiliates of such insurer, that involves the transfer 5551
of investment or credit risk unaccompanied by a transfer of 5552
insurance risk; 5553

       (P) Credit union share guaranty insurance issued pursuant to 5554
Chapter 1761. of the Revised Code; 5555

       (Q) Insurance issued by risk retention groups as defined in 5556
Chapter 3960. of the Revised Code; 5557

       (R) Workers' compensation insurance, including any contract 5558
indemnifying an employer who pays compensation directly to 5559
employees. 5560

       Sec. 3960.06. (A) A purchasing group and its insurer or 5561
insurers are subject to all applicable laws of this state, except 5562
that a purchasing group and its insurer or insurers, in regard to 5563
liability insurance for the purchasing group, are exempt from any 5564
law that does any of the following: 5565

       (1) Prohibits the establishment of a purchasing group; 5566

       (2) Makes it unlawful for an insurer to provide or offer to 5567
provide insurance on a basis providing, to a purchasing group or 5568
its members, advantages based on their loss and expense experience 5569
not afforded to other persons with respect to rates, policy forms, 5570
coverages, or other matters; 5571

       (3) Prohibits a purchasing group or its members from 5572
purchasing insurance on a group basis described in division (A)(2) 5573
of this section; 5574

       (4) Prohibits a purchasing group from obtaining insurance on 5575
a group basis because the group has not been in existence for a 5576
minimum period of time or because any member has not belonged to 5577
the group for a minimum period of time; 5578

       (5) Requires that a purchasing group have a minimum number of 5579
members, common ownership or affiliation, or a certain legal form; 5580

       (6) Requires that a certain percentage of a purchasing group 5581
obtain insurance on a group basis; 5582

       (7) Otherwise discriminates against a purchasing group or any 5583
of its members; 5584

       (8) Requires that any insurance policy issued to a purchasing 5585
group or any of its members be countersigned by an insurance agent 5586
or broker residing in this state. 5587

       (B) The superintendent of insurance may require or exempt a 5588
risk retention group from participation in any joint underwriting 5589
association established under section ~~3929.72 or~~ 3930.03 or in the 5590
plan established under section 4509.70 of the Revised Code. Any 5591
risk retention group that is required to participate under this 5592
division shall submit sufficient information to the superintendent 5593
to enable ~~him~~the superintendent to apportion on a 5594
nondiscriminatory basis the risk retention group's proportionate 5595
share of losses and expenses. 5596

       Sec. 4117.01. As used in this chapter: 5597

       (A) "Person," in addition to those included in division (C) 5598
of section 1.59 of the Revised Code, includes employee 5599
organizations, public employees, and public employers. 5600

       (B) "Public employer" means the state or any political 5601
subdivision of the state located entirely within the state, 5602
including, without limitation, any municipal corporation with a 5603
population of at least five thousand according to the most recent 5604
federal decennial census; county; township with a population of at 5605
least five thousand in the unincorporated area of the township 5606
according to the most recent federal decennial census; school 5607
district; governing authority of a community school established 5608
under Chapter 3314. of the Revised Code; state institution of 5609
higher learning; public or special district; state agency, 5610
authority, commission, or board; or other branch of public 5611
employment. 5612

       (C) "Public employee" means any person holding a position by 5613
appointment or employment in the service of a public employer, 5614
including any person working pursuant to a contract between a 5615
public employer and a private employer and over whom the national 5616
labor relations board has declined jurisdiction on the basis that 5617
the involved employees are employees of a public employer, except: 5618

       (1) Persons holding elective office; 5619

       (2) Employees of the general assembly and employees of any 5620
other legislative body of the public employer whose principal 5621
duties are directly related to the legislative functions of the 5622
body; 5623

       (3) Employees on the staff of the governor or the chief 5624
executive of the public employer whose principal duties are 5625
directly related to the performance of the executive functions of 5626
the governor or the chief executive; 5627

       (4) Persons who are members of the Ohio organized militia, 5628
while training or performing duty under section 5919.29 or 5923.12 5629
of the Revised Code; 5630

       (5) Employees of the state employment relations board; 5631

       (6) Confidential employees; 5632

       (7) Management level employees; 5633

       (8) Employees and officers of the courts, assistants to the 5634
attorney general, assistant prosecuting attorneys, and employees 5635
of the clerks of courts who perform a judicial function; 5636

       (9) Employees of a public official who act in a fiduciary 5637
capacity, appointed pursuant to section 124.11 of the Revised 5638
Code; 5639

       (10) Supervisors; 5640

       (11) Students whose primary purpose is educational training, 5641
including graduate assistants or associates, residents, interns, 5642
or other students working as part-time public employees less than 5643
fifty per cent of the normal year in the employee's bargaining 5644
unit; 5645

       (12) Employees of county boards of election; 5646

       (13) Seasonal and casual employees as determined by the state 5647
employment relations board; 5648

       (14) Part-time faculty members of an institution of higher 5649
education; 5650

       (15) Employees of the state personnel board of review; 5651

       (16) ~~Employees of the board of directors of the Ohio~~ 5652
~~low-level radioactive waste facility development authority created~~ 5653
~~in section 3747.05 of the Revised Code;~~ 5654

       ~~(17)~~ Participants in a work activity, developmental activity, 5655
or alternative work activity under sections 5107.40 to 5107.69 of 5656
the Revised Code who perform a service for a public employer that 5657
the public employer needs but is not performed by an employee of 5658
the public employer if the participant is not engaged in paid 5659
employment or subsidized employment pursuant to the activity; 5660

       ~~(18)~~(17) Employees included in the career professional 5661
service of the department of transportation under section 5501.20 5662
of the Revised Code; 5663

       ~~(19)~~(18) Employees who must be licensed to practice law in 5664
this state to perform their duties as employees. 5665

       (D) "Employee organization" means any labor or bona fide 5666
organization in which public employees participate and that exists 5667
for the purpose, in whole or in part, of dealing with public 5668
employers concerning grievances, labor disputes, wages, hours, 5669
terms, and other conditions of employment. 5670

       (E) "Exclusive representative" means the employee 5671
organization certified or recognized as an exclusive 5672
representative under section 4117.05 of the Revised Code. 5673

       (F) "Supervisor" means any individual who has authority, in 5674
the interest of the public employer, to hire, transfer, suspend, 5675
lay off, recall, promote, discharge, assign, reward, or discipline 5676
other public employees; to responsibly direct them; to adjust 5677
their grievances; or to effectively recommend such action, if the 5678
exercise of that authority is not of a merely routine or clerical 5679
nature, but requires the use of independent judgment, provided 5680
that: 5681

       (1) Employees of school districts who are department 5682
chairpersons or consulting teachers shall not be deemed 5683
supervisors; 5684

       (2) With respect to members of a police or fire department, 5685
no person shall be deemed a supervisor except the chief of the 5686
department or those individuals who, in the absence of the chief, 5687
are authorized to exercise the authority and perform the duties of 5688
the chief of the department. Where prior to June 1, 1982, a public 5689
employer pursuant to a judicial decision, rendered in litigation 5690
to which the public employer was a party, has declined to engage 5691
in collective bargaining with members of a police or fire 5692
department on the basis that those members are supervisors, those 5693
members of a police or fire department do not have the rights 5694
specified in this chapter for the purposes of future collective 5695
bargaining. The state employment relations board shall decide all 5696
disputes concerning the application of division (F)(2) of this 5697
section. 5698

       (3) With respect to faculty members of a state institution of 5699
higher education, heads of departments or divisions are 5700
supervisors; however, no other faculty member or group of faculty 5701
members is a supervisor solely because the faculty member or group 5702
of faculty members participate in decisions with respect to 5703
courses, curriculum, personnel, or other matters of academic 5704
policy; 5705

       (4) No teacher as defined in section 3319.09 of the Revised 5706
Code shall be designated as a supervisor or a management level 5707
employee unless the teacher is employed under a contract governed 5708
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and 5709
is assigned to a position for which a license deemed to be for 5710
administrators under state board rules is required pursuant to 5711
section 3319.22 of the Revised Code. 5712

       (G) "To bargain collectively" means to perform the mutual 5713
obligation of the public employer, by its representatives, and the 5714
representatives of its employees to negotiate in good faith at 5715
reasonable times and places with respect to wages, hours, terms, 5716
and other conditions of employment and the continuation, 5717
modification, or deletion of an existing provision of a collective 5718
bargaining agreement, with the intention of reaching an agreement, 5719
or to resolve questions arising under the agreement. "To bargain 5720
collectively" includes executing a written contract incorporating 5721
the terms of any agreement reached. The obligation to bargain 5722
collectively does not mean that either party is compelled to agree 5723
to a proposal nor does it require the making of a concession. 5724

       (H) "Strike" means continuous concerted action in failing to 5725
report to duty; willful absence from one's position; or stoppage 5726
of work in whole from the full, faithful, and proper performance 5727
of the duties of employment, for the purpose of inducing, 5728
influencing, or coercing a change in wages, hours, terms, and 5729
other conditions of employment. "Strike" does not include a 5730
stoppage of work by employees in good faith because of dangerous 5731
or unhealthful working conditions at the place of employment that 5732
are abnormal to the place of employment. 5733

       (I) "Unauthorized strike" includes, but is not limited to, 5734
concerted action during the term or extended term of a collective 5735
bargaining agreement or during the pendency of the settlement 5736
procedures set forth in section 4117.14 of the Revised Code in 5737
failing to report to duty; willful absence from one's position; 5738
stoppage of work; slowdown, or abstinence in whole or in part from 5739
the full, faithful, and proper performance of the duties of 5740
employment for the purpose of inducing, influencing, or coercing a 5741
change in wages, hours, terms, and other conditions of employment. 5742
"Unauthorized strike" includes any such action, absence, stoppage, 5743
slowdown, or abstinence when done partially or intermittently, 5744
whether during or after the expiration of the term or extended 5745
term of a collective bargaining agreement or during or after the 5746
pendency of the settlement procedures set forth in section 4117.14 5747
of the Revised Code. 5748

       (J) "Professional employee" means any employee engaged in 5749
work that is predominantly intellectual, involving the consistent 5750
exercise of discretion and judgment in its performance and 5751
requiring knowledge of an advanced type in a field of science or 5752
learning customarily acquired by a prolonged course in an 5753
institution of higher learning or a hospital, as distinguished 5754
from a general academic education or from an apprenticeship; or an 5755
employee who has completed the courses of specialized intellectual 5756
instruction and is performing related work under the supervision 5757
of a professional person to become qualified as a professional 5758
employee. 5759

       (K) "Confidential employee" means any employee who works in 5760
the personnel offices of a public employer and deals with 5761
information to be used by the public employer in collective 5762
bargaining; or any employee who works in a close continuing 5763
relationship with public officers or representatives directly 5764
participating in collective bargaining on behalf of the employer. 5765

       (L) "Management level employee" means an individual who 5766
formulates policy on behalf of the public employer, who 5767
responsibly directs the implementation of policy, or who may 5768
reasonably be required on behalf of the public employer to assist 5769
in the preparation for the conduct of collective negotiations, 5770
administer collectively negotiated agreements, or have a major 5771
role in personnel administration. Assistant superintendents, 5772
principals, and assistant principals whose employment is governed 5773
by section 3319.02 of the Revised Code are management level 5774
employees. With respect to members of a faculty of a state 5775
institution of higher education, no person is a management level 5776
employee because of the person's involvement in the formulation or 5777
implementation of academic or institution policy. 5778

       (M) "Wages" means hourly rates of pay, salaries, or other 5779
forms of compensation for services rendered. 5780

       (N) "Member of a police department" means a person who is in 5781
the employ of a police department of a municipal corporation as a 5782
full-time regular police officer as the result of an appointment 5783
from a duly established civil service eligibility list or under 5784
section 737.15 or 737.16 of the Revised Code, a full-time deputy 5785
sheriff appointed under section 311.04 of the Revised Code, a 5786
township constable appointed under section 509.01 of the Revised 5787
Code, or a member of a township police district police department 5788
appointed under section 505.49 of the Revised Code. 5789

       (O) "Members of the state highway patrol" means highway 5790
patrol troopers and radio operators appointed under section 5791
5503.01 of the Revised Code. 5792

       (P) "Member of a fire department" means a person who is in 5793
the employ of a fire department of a municipal corporation or a 5794
township as a fire cadet, full-time regular firefighter, or 5795
promoted rank as the result of an appointment from a duly 5796
established civil service eligibility list or under section 5797
505.38, 709.012, or 737.22 of the Revised Code. 5798

       (Q) "Day" means calendar day. 5799

       Sec. 4121.442. (A) ~~There is hereby created the health care~~ 5800
~~quality advisory council consisting of the administrator of~~ 5801
~~workers' compensation and sixteen members appointed by the~~ 5802
~~governor as follows:~~ 5803

       ~~(1) Five individuals who represent the interests of~~ 5804
~~employees;~~ 5805

       ~~(2) Five individuals who represent the interests of~~ 5806
~~employers;~~ 5807

       ~~(3) One individual who represents the governor;~~ 5808

       ~~(4) One physician licensed to practice medicine or surgery~~ 5809
~~pursuant to Chapter 4731. of the Revised Code;~~ 5810

       ~~(5) One individual to represent the interests of hospitals;~~ 5811

       ~~(6) One chiropractor licensed pursuant to Chapter 4734. of~~ 5812
~~the Revised Code;~~ 5813

       ~~(7) One pharmacist licensed pursuant to Chapter 4729. of the~~ 5814
~~Revised Code;~~ 5815

       ~~(8) One physician licensed to practice osteopathic medicine~~ 5816
~~and surgery pursuant to Chapter 4731. of the Revised Code.~~ 5817

       ~~All appointed members shall be knowledgeable in matters~~ 5818
~~pertaining to the delivery of health care, the workers'~~ 5819
~~compensation system, and health care administration and have at~~ 5820
~~least three years experience in a position with primary~~ 5821
~~responsibility for health care matters. The administrator shall~~ 5822
~~serve as the chairperson of the council.~~ 5823

       ~~(B) The governor shall make initial appointments, from the~~ 5824
~~lists submitted pursuant to division (C) of this section, by not~~ 5825
~~later than thirty days after October 20, 1993. Appointed members~~ 5826
~~shall serve at the pleasure of the governor and shall receive no~~ 5827
~~compensation but shall receive their actual and necessary expenses~~ 5828
~~incurred in the performance of their duties.~~ 5829

       ~~(C) In making initial appointments to the council under this~~ 5830
~~section, the governor shall select members representing employees~~ 5831
~~from a list of eight names submitted by the Ohio chapter of the~~ 5832
~~American federation of labor/congress of industrial organizations,~~ 5833
~~the members representing employers from a list of eight names~~ 5834
~~submitted jointly by the recognized major statewide employer~~ 5835
~~organizations, and the members representing those individuals~~ 5836
~~specified in divisions (A)(4) to (8) of this section from a list~~ 5837
~~of ten names submitted jointly by the recognized major statewide~~ 5838
~~health care provider organizations. Thereafter, the labor~~ 5839
~~federation for an employee vacancy on the council, the employer~~ 5840
~~organizations, for an employer vacancy, and the health care~~ 5841
~~provider organizations, for a vacancy of an individual specified~~ 5842
~~in divisions (A)(4) to (8) of this section, shall submit to the~~ 5843
~~governor a list of two names for each vacancy.~~ 5844

       ~~(D)~~ The ~~health care quality advisory council~~administrator of 5845
workers' compensation shall develop standards for qualification of 5846
health care plans of the Ohio workers' compensation qualified 5847
health plan system to provide medical, surgical, nursing, drug, 5848
hospital, and rehabilitation services and supplies to an employee 5849
for an injury or occupational disease that is compensable under 5850
this chapter or Chapter 4123., 4127., or 4131. of the Revised 5851
Code. In adopting the standards, the ~~council~~administrator shall 5852
use nationally recognized accreditation standards. The standards 5853
the ~~council~~administrator adopts must provide that a qualified 5854
plan provides for all of the following: 5855

       (1) Criteria for selective contracting of health care 5856
providers; 5857

       (2) Adequate plan structure and financial stability; 5858

       (3) Procedures for the resolution of medical disputes between 5859
an employee and an employer, an employee and a provider, or an 5860
employer and a provider, prior to an appeal under section 4123.511 5861
of the Revised Code; 5862

       (4) Authorize employees who are dissatisfied with the health 5863
care services of the employer's qualified plan and do not wish to 5864
obtain treatment under the provisions of this section, to request 5865
the administrator for referral to a health care provider in the 5866
bureau's health care partnership program. The administrator must 5867
refer all requesting employees into the health care partnership 5868
program. 5869

       (5) Does not discriminate against any category of health care 5870
provider; 5871

       (6) Provide a procedure for reporting injuries to the bureau 5872
of workers' compensation and to employers by providers within the 5873
qualified plan; 5874

       (7) Provide appropriate financial incentives to reduce 5875
service costs and utilization without sacrificing the quality of 5876
service; 5877

       (8) Provide adequate methods of peer review, utilization 5878
review, quality assurance, and dispute resolution to prevent and 5879
provide sanctions for inappropriate, excessive, or not medically 5880
necessary treatment; 5881

       (9) Provide a timely and accurate method of reporting to the 5882
administrator necessary information regarding medical and health 5883
care service and supply costs, quality, and utilization to enable 5884
the administrator to determine the effectiveness of the plan; 5885

       (10) Authorize necessary emergency medical treatment for an 5886
injury or occupational disease provided by a health care provider 5887
who is not a part of the qualified health care plan; 5888

       (11) Provide an employee the right to change health care 5889
providers within the qualified health care plan; 5890

       (12) Provide for standardized data and reporting 5891
requirements; 5892

       (13) Authorize necessary medical treatment for employees who 5893
work in Ohio but reside in another state. 5894

       ~~(E)~~(B) Health care plans that meet the approved qualified 5895
health plan standards shall be considered qualified plans and are 5896
eligible to become part of the Ohio workers' compensation 5897
qualified health plan system. Any employer or group of employers 5898
may provide medical, surgical, nursing, drug, hospital, and 5899
rehabilitation services and supplies to an employee for an injury 5900
or occupational disease that is compensable under this chapter or 5901
Chapter 4123., 4127., or 4131. of the Revised Code through a 5902
qualified health plan. 5903

       ~~(F) The council shall on or before the first day of January~~ 5904
~~of each year, make recommendations to the administrator regarding~~ 5905
~~changes needed in the rules the administrator adopts to implement~~ 5906
~~the standards, and the administrator, by no later than the first~~ 5907
~~day of March of that year, shall determine whether to alter the~~ 5908
~~existing rules according to the council's recommendations.~~ 5909

       ~~(G) By no later than twenty-four months after the~~ 5910
~~establishment of the Ohio workers' compensation qualified health~~ 5911
~~plan system, and thereafter, on or before the first day of January~~ 5912
~~of every odd-numbered year, the administrator shall conduct an~~ 5913
~~appraisal of the system with respect to the system's efficiency~~ 5914
~~and cost effectiveness and the appropriateness of care rendered~~ 5915
~~under the system and shall submit a written report of the~~ 5916
~~appraisal to the governor.~~ 5917

       Sec. 4167.09. (A) Any public employer affected by a proposed 5918
rule or Ohio employment risk reduction standard or any provision 5919
~~thereof~~of a standard proposed under section 4167.07,or 4167.08, 5920
~~or 4167.26~~ of the Revised Code may apply to the director of 5921
commerce for an order granting a temporary variance from the 5922
standard or provision ~~thereof~~. The application for the order and 5923
any extension ~~thereof~~of the order shall contain a reasonable 5924
application fee, as determined by the public employment risk 5925
reduction advisory commission, and all of the following 5926
information: 5927

       (1) A specification of the Ohio public employment risk 5928
reduction standard or ~~portion thereof~~provision of it from which 5929
the public employer seeks the temporary variance; 5930

       (2) A representation by the public employer, supported by 5931
representations from qualified persons having firsthand knowledge 5932
of the facts represented, that the public employer is unable to 5933
comply with the Ohio employment risk reduction standard or ~~portion~~ 5934
~~thereof~~provision of it and a detailed statement of the reasons 5935
~~therefor~~for the inability to comply; 5936

       (3) A statement of the steps that the public employer has 5937
taken and will take, with dates specified, to protect employees 5938
against the hazard covered by the standard; 5939

       (4) A statement of when the public employer expects to be 5940
able to comply fully with the Ohio employment risk reduction 5941
standard and what steps the public employer has taken and will 5942
take, with dates specified, to come into full compliance with the 5943
standard; 5944

       (5) A certification that the public employer has informed the 5945
public employer's public employees of the application by giving a 5946
copy of the application to the public employee representative, if 5947
any, and by posting a statement giving a summary of the 5948
application and specifying where a copy of the application may be 5949
examined at the place or places where notices to public employees 5950
are normally posted, and by any other appropriate means of public 5951
employee notification. The public employer ~~must~~ also shall inform 5952
the public employer's public employees of their rights to a 5953
hearing under section 4167.15 of the Revised Code. The 5954
certification also shall contain a description of how public 5955
employees have been informed of the application and of their 5956
rights to a hearing. 5957

       (B) The director shall issue an order providing for a 5958
temporary variance if the public employer files an application 5959
that meets the requirements of division (A) of this section and 5960
establishes that all of the following pertaining to the public 5961
employer are true: 5962

       (1) The public employer is unable to comply with the Ohio 5963
employment risk reduction standard or a provision ~~thereof~~of it by 5964
its effective date because of the unavailability of professional 5965
or technical personnel or of materials and equipment needed to 5966
come into compliance with the Ohio employment risk reduction 5967
standard or provision ~~thereof~~of it or because necessary 5968
construction or alteration of facilities cannot be completed by 5969
the effective date of the standard. 5970

       (2) The public employer is taking all available steps to 5971
safeguard the public employer's public employees against the 5972
hazards covered by the Ohio employment risk reduction standard. 5973

       (3) The public employer has an effective program for coming 5974
into compliance with the Ohio employment risk reduction standard 5975
as quickly as practicable. 5976

       (4) The granting of the variance will not create an imminent 5977
danger of death or serious physical harm to public employees. 5978

       (C)(1) If the director issues an order providing for a 5979
temporary variance under division (B) of this section, the 5980
director shall prescribe the practices, means, methods, 5981
operations, and processes that the public employer must adopt and 5982
use while the order is in effect and state in detail the public 5983
employer's program for coming into compliance with the Ohio 5984
employment risk reduction standard. The director may issue the 5985
order only after providing notice to affected public employees and 5986
their public employee representative, if any, and an opportunity 5987
for a hearing pursuant to section 4167.15 of the Revised Code, 5988
provided that the director may issue one interim order granting a 5989
temporary order to be effective until a decision on a hearing is 5990
made. Except as provided in division (C)(2) of this section, no 5991
temporary variance may be in effect for longer than the period 5992
needed by the public employer to achieve compliance with the Ohio 5993
employment risk reduction standard or one year, whichever is 5994
shorter. 5995

       (2) The director may renew an order issued under division (C) 5996
of this section up to two times provided that the requirements of 5997
divisions (A), (B), and (C)(1) of this section and section 4167.15 5998
of the Revised Code are met and the public employer files an 5999
application for renewal with the director at least ninety days 6000
prior to the expiration date of the order. 6001

       (D) Any public employer affected by an Ohio employment risk 6002
reduction standard or any provision ~~thereof~~of it proposed, 6003
adopted, or otherwise issued under section 4167.07,or 4167.08~~, or~~ 6004
~~4167.26~~ of the Revised Code may apply to the director for an order 6005
granting a variance from the standard or ~~portion thereof~~ 6006
provision. The director shall provide affected public employees 6007
and their public employee representative, if any, notice of the 6008
application and shall provide an opportunity for a hearing 6009
pursuant to section 4167.15 of the Revised Code. The director 6010
shall issue the order granting the variance if the public employer 6011
files an application that meets the requirements of division (B) 6012
of this section, and after an opportunity for a hearing pursuant 6013
to section 4167.15 of the Revised Code, and if the public employer 6014
establishes to the satisfaction of the director that the 6015
conditions, practices, means, methods, operations, or processes 6016
used or proposed to be used by the public employer will provide 6017
employment and places of employment to the public employer's 6018
public employees that are as safe and healthful as those that 6019
would prevail if the public employer complied with the Ohio 6020
employment risk reduction standard. The director shall prescribe 6021
in the order granting the variance the conditions the public 6022
employer must maintain, and the practices, means, methods, 6023
operations, and processes the public employer must adopt and 6024
utilize in lieu of the Ohio employment risk reduction standard 6025
~~which~~that would otherwise apply. The director may modify or 6026
revoke the order upon application of the public employer, public 6027
employee, or public employee representative, or upon the 6028
director's own motion in the manner prescribed for the issuance of 6029
an order under this division at any time during six months after 6030
the date of issuance of the order. 6031

       Sec. 4167.25. As used in this section and sections ~~4167.26~~ 6032
to4167.27 and 4767.28 of the Revised Code: 6033

       (A) "Bloodborne pathogen" means a microorganism present in 6034
human blood that can cause disease in humans, including the human 6035
immunodeficiency virus, hepatitis B virus, hepatitis C virus, and 6036
other pathogenic microorganisms. 6037

       (B) "Engineered sharps injury protection" means either of the 6038
following: 6039

       (1) A physical attribute built into a needle device used for 6040
withdrawing body fluids, accessing a vein or artery, or 6041
administering medications or other fluids that effectively reduces 6042
the risk of an exposure incident by a mechanism such as barrier 6043
creation, blunting, encapsulation, withdrawal, retraction, 6044
destruction, or any other effective mechanism; 6045

       (2) A physical attribute built into a type of needle device 6046
not included in division (B)(1) of this section, or built into a 6047
non-needle sharp, that effectively reduces the risk of an exposure 6048
incident. 6049

       (C) "Exposure incident" means an occurrence of occupational 6050
exposure to blood or other material potentially containing 6051
bloodborne pathogens, including exposure that occurs through a 6052
sharps injury. 6053

       (D) "Needleless system" means a device that does not utilize 6054
needles for the following: 6055

       (1) Withdrawing body fluids after initial venous or arterial 6056
access is established; 6057

       (2) Administering medication or fluids; 6058

       (3) Performing any other procedure involving potential 6059
exposure incidents. 6060

       (E) "Public health care worker" means a person who is 6061
employed by a public employer to provide health services that 6062
carry with them the potential for exposure incidents, including a 6063
person employed by a public hospital or other public health care 6064
facility, a person employed by a public employer to provide home 6065
health care, and a person employed by a public employer as a 6066
firefighter, emergency medical technician-basic, emergency medical 6067
technician-intermediate, or emergency medical 6068
technician-paramedic. "Public health care worker" does not include 6069
a person who is employed by a public employer to provide dental 6070
services, treatment, or training or a dental student who is 6071
receiving training from a public employer. 6072

       (F) "Sharp" means an object used in or encountered when 6073
providing health care services that can be reasonably anticipated 6074
to penetrate the skin or any other part of the body and result in 6075
an exposure incident, including objects such as needle devices, 6076
scalpels, lancets, and broken glass. 6077

       (G) "Sharps injury" means an injury caused by a sharp, 6078
including such injuries as cuts, abrasions, and needlesticks. 6079

       Sec. 4167.27. (A) The public employment risk reduction 6080
advisory commission shall adopt a rule and Ohio employment risk 6081
reduction standard for the prevention of exposure incidents. The 6082
initial rule and standard shall be adopted not later than one 6083
hundred eighty days after ~~the effective date of this section. In~~ 6084
~~adopting, modifying, or rescinding the rule or standard, the~~ 6085
~~commission shall act in accordance with recommendations submitted~~ 6086
~~by the commission's subcommittee appointed under section 4167.26~~ 6087
~~of the Revised Code~~October 5, 2000. 6088

       (B) The commission shall provide advice to public employers 6089
with regard to their implementation of the requirements 6090
established by the rule and standard adopted under this section 6091
and the requirements of section 4167.28 of the Revised Code. 6092

       Sec. 4582.12. (A) Except as otherwise provided in division 6093
(E) of section 307.671 of the Revised Code, division (A) of this 6094
section does not apply to a port authority educational and 6095
cultural facility acquired, constructed, and equipped pursuant to 6096
a cooperative agreement entered into under section 307.671 of the 6097
Revised Code. 6098

       Except as provided in division (C) of this section, when the 6099
cost of a contract for the construction of any building, 6100
structure, or other improvement undertaken by a port authority 6101
involves an expenditure exceeding twenty-five thousand dollars and 6102
the port authority is the contracting entity, the port authority 6103
shall make a written contract ~~after complying with section 123.151~~ 6104
~~of the Revised Code and~~ after notice calling for bids for the 6105
award of the contract has been given by publication twice, with at 6106
least seven days between publications, in a newspaper of general 6107
circulation in the area of the jurisdiction of the port authority. 6108
Each such contract shall be let to the lowest responsive and 6109
responsible bidder in accordance with section 9.312 of the Revised 6110
Code. Every contract let shall be in writing and if the contract 6111
involves work or construction, it shall be accompanied by or shall 6112
refer to plans and specifications for the work to be done, 6113
prepared for and approved by the port authority, signed by an 6114
authorized officer of the port authority and by the contractor, 6115
and shall be executed in triplicate. 6116

       Each bid shall be awarded in accordance with sections 153.54, 6117
153.57, and 153.571 of the Revised Code. 6118

       The port authority may reject any and all bids. 6119

       (B) The board of directors of a port authority by rule may 6120
provide criteria for the negotiation and award without competitive 6121
bidding of any contract as to which the port authority is the 6122
contracting entity for the construction of any building, 6123
structure, or other improvement under any of the following 6124
circumstances: 6125

       (1) There exists a real and present emergency that threatens 6126
damage or injury to persons or property of the port authority or 6127
other persons, provided that a statement specifying the nature of 6128
the emergency that is the basis for the negotiation and award of a 6129
contract without competitive bidding shall be signed by the 6130
officer of the port authority that executes that contract at the 6131
time of the contract's execution and shall be attached to the 6132
contract. 6133

       (2) A commonly recognized industry or other standard or 6134
specification does not exist and cannot objectively be articulated 6135
for the improvement. 6136

       (3) The contract is for any energy conservation measure as 6137
defined in section 307.041 of the Revised Code. 6138

       (4) With respect to material to be incorporated into the 6139
improvement, only a single source or supplier exists for the 6140
material. 6141

       (5) A single bid is received by the port authority after 6142
complying with the provisions of division (A) of this section. 6143

       (C)(1) If a contract is to be negotiated and awarded without 6144
competitive bidding for the reason set forth in division (B)(2) of 6145
this section, the port authority shall publish a notice calling 6146
for technical proposals at least twice, with at least seven days 6147
between publications, in a newspaper of general circulation in the 6148
area of the port authority. After receipt of the technical 6149
proposals, the port authority may negotiate with and award a 6150
contract for the improvement to the proposer making the proposal 6151
considered to be the most advantageous to the port authority. 6152

       (2) If a contract is to be negotiated and awarded without 6153
competitive bidding for the reason set forth in division (B)(4) of 6154
this section, any construction activities related to the 6155
incorporation of the material into the improvement also may be 6156
provided without competitive bidding by the source or supplier of 6157
that material. 6158

       (D) No contract for the construction or repair of any 6159
building, structure, or other improvement and no loan agreement 6160
for the borrowing of funds for any such improvement undertaken by 6161
a port authority, where the port authority is the contracting 6162
entity, shall be executed unless laborers and mechanics employed 6163
on such improvements are paid at the prevailing rates of wages of 6164
laborers and mechanics for the class of work called for by the 6165
improvement. The wages shall be determined in accordance with the 6166
requirements of Chapter 4115. of the Revised Code for the 6167
determination of prevailing wage rates, provided that the 6168
requirements of this section do not apply where the federal 6169
government or any of its agencies furnishes by loan or grant all 6170
or any part of the funds used in connection with such project and 6171
prescribes predetermined minimum wages to be paid to the laborers 6172
and mechanics. 6173

       Sec. 4731.143. (A) Each person holding a valid certificate 6174
under this chapter authorizing the certificate holder to practice 6175
medicine and surgery, osteopathic medicine and surgery, or 6176
podiatric medicine and surgery, who is not covered by medical 6177
malpractice insurance ~~as defined in section 3929.71 of the Revised~~ 6178
~~Code,~~ shall provide a patient with written notice of the 6179
certificate holder's lack of ~~such~~that insurance coverage prior to 6180
providing nonemergency professional services to the patient. The 6181
notice shall be provided alone on its own page. The notice shall 6182
provide space for the patient to acknowledge receipt of the 6183
notice, and shall be in the following form: 6184

       "N O T I C E: 6185

       Dr. ............... (here state the full name of the 6186
certificate holder) is not covered by medical malpractice 6187
insurance. 6188

       The undersigned acknowledges the receipt of this notice. 6189

..........................

6190
(Patient's Signature)

6191
..........................

6192
(Date)"

6193

       The certificate holder shall obtain the patient's signature, 6194
acknowledging the patient's receipt of the notice, prior to 6195
providing nonemergency professional services to the patient. The 6196
certificate holder shall maintain the signed notice in the 6197
patient's file. 6198

       (B) This section does not apply to any officer or employee of 6199
the state, as those terms are defined in section 9.85 of the 6200
Revised Code, who is immune from civil liability under section 6201
9.86 of the Revised Code or is entitled to indemnification 6202
pursuant to section 9.87 of the Revised Code, to the extent that 6203
the person is acting within the scope of the person's employment 6204
or official responsibilities. 6205

       This section does not apply to a person who complies with 6206
division (B)(2) of section 2305.234 of the Revised Code. 6207

       (C) As used in this section, "medical malpractice insurance" 6208
means insurance coverage against the legal liability of the 6209
insured and against loss, damage, or expense incident to a claim 6210
arising out of the death, disease, or injury of any person as the 6211
result of negligence or malpractice in rendering professional 6212
service by any licensed physician, podiatrist, or hospital, as 6213
those terms are defined in section 2305.113 of the Revised Code. 6214

       Sec. 4741.03. (A) The state veterinary medical licensing 6215
board shall meet at least once in each calendar year and may hold 6216
additional meetings as often as it considers necessary to conduct 6217
the business of the board. The president of the board may call 6218
special meetings, and the executive secretary shall call special 6219
meetings upon the written request of three members of the board. 6220
The board shall organize by electing a president and 6221
vice-president from its veterinarian members and such other 6222
officers as the board prescribes by rule. Each officer shall serve 6223
for a term specified by board rule or until a successor is elected 6224
and qualified. A quorum of the board consists of four members of 6225
which at least three are members who are veterinarians. The 6226
concurrence of four members is necessary for the board to take any 6227
action. 6228

       (B) The board may appoint a person, not one of its members, 6229
to serve as its executive secretary. The executive secretary is in 6230
the unclassified service and serves at the pleasure of the board. 6231
The executive secretary shall serve as the board's 6232
secretary-treasurer ex officio. The board may employ additional 6233
employees for professional, technical, clerical, and special work 6234
as it considers necessary. The executive secretary shall give a 6235
surety bond to the state in the sum the board requires, 6236
conditioned upon the faithful performance of the executive 6237
secretary's duties. The board shall pay the cost of the bond. The 6238
executive secretary shall keep a complete accounting of all funds 6239
received and of all vouchers presented by the board to the 6240
director of budget and management for the disbursement of funds. 6241
The president or executive secretary shall approve all vouchers of 6242
the board. All money received by the board shall be credited to 6243
the occupational licensing and regulatory fund. 6244

       (C) In addition to any other duty required under this 6245
chapter, the board shall do all of the following: 6246

       (1) Prescribe a seal; 6247

       (2) Hold at least one examination during each calendar year 6248
for applicants for a license. The board shall provide public 6249
notice of the time and place for the examination. The examination 6250
for applicants for a license to practice veterinary medicine shall 6251
be either written or oral, or both, as determined by the board, 6252
and may include a practical demonstration. The examination may 6253
include all subjects relevant to veterinary medicine the board 6254
determines appropriate, including public health and jurisprudence. 6255

       (3) Keep a record of all of its meetings and proceedings; 6256

       (4) Maintain a register that records all applicants for a 6257
certificate of license or a temporary permit, all persons who have 6258
been denied a license or permit, all persons who have been granted 6259
or reissued a license or permit, and all persons whose license or 6260
permit has been revoked or suspended. The register shall also 6261
include a record of persons licensed prior to October 17, 1975. 6262

       (5) Maintain a register, in such form as the board determines 6263
by rule, of all colleges and universities that teach veterinary 6264
medicine and that are approved by the board; 6265

       (6) Enforce this chapter, and for that purpose, make 6266
investigations relative as provided in section 4741.26 of the 6267
Revised Code; 6268

       (7) Issue licenses and permits to persons who meet the 6269
qualifications set forth in this chapter; 6270

       (8) Approve colleges and universities which meet the board's 6271
requirements for veterinary medicine and associated fields of 6272
study and withdraw or deny, after an adjudication conducted in 6273
accordance with Chapter 119. of the Revised Code, approval from 6274
colleges and universities which fail to meet those requirements; 6275

       (9) Adopt rules, in accordance with Chapter 119. of the 6276
Revised Code, which are necessary for its government and for the 6277
administration and enforcement of this chapter. 6278

       (D) The board may do all of the following: 6279

       (1) Subpoena witnesses and require their attendance and 6280
testimony, and require the production by witnesses of books, 6281
papers, public records, animal patient records, and other 6282
documentary evidence and examine them, in relation to any matter 6283
~~which~~that the board has authority to investigate, inquire into, 6284
or hear. Except for any officer or employee of the state or any 6285
political subdivision of the state, the treasurer of state shall 6286
pay all witnesses in any proceeding before the board, upon 6287
certification from the board, witness fees in the same amount as 6288
provided in section 2335.06 of the Revised Code. 6289

       (2) Examine and inspect books, papers, public records, animal 6290
patient records, and other documentary evidence at the location 6291
where the books, papers, records, and other evidence are normally 6292
stored or maintained; 6293

       ~~(3) Create an advisory committee consisting of members of the~~ 6294
~~animal health and allied medical services in this state to confer~~ 6295
~~with and assist the board in the adoption of rules pertaining to~~ 6296
~~divisions (B) to (E) of section 4741.19 and divisions (A), (D),~~ 6297
~~(E), and (F) of section 4741.20 of the Revised Code~~. 6298

       (E) All registers, books, and records kept by the board are 6299
the property of the board and are open for public examination and 6300
inspection at all reasonable times. The registers, books, and 6301
records are prima-facie evidence of the matters contained ~~therein~~ 6302
in them. 6303

       Sec. 4755.481. (A) If a physical therapist evaluates and 6304
treats a patient without the prescription of, or the referral of 6305
the patient by, a person who is licensed to practice medicine and 6306
surgery, chiropractic, dentistry, osteopathic medicine and 6307
surgery, podiatric medicine and surgery, or ~~to practice~~ nursing as 6308
a certified registered nurse anesthetist, clinical nurse 6309
specialist, certified nurse-midwife, or certified nurse 6310
practitioner, all of the following apply: 6311

       (1) The physical therapist shall, upon consent of the 6312
patient, inform the patient's physician, chiropractor, dentist, 6313
podiatrist, certified registered nurse anesthetist, clinical nurse 6314
specialist, certified nurse-midwife, or certified nurse 6315
practitioner of the evaluation not later than five business days 6316
after the evaluation is made. 6317

        (2) If the physical therapist determines, based on reasonable 6318
evidence, that no substantial progress has been made with respect 6319
to that patient during the thirty-day period immediately following 6320
the date of the patient's initial visit with the physical 6321
therapist, the physical therapist shall consult with or refer the 6322
patient to a licensed physician, chiropractor, dentist, 6323
podiatrist, certified registered nurse anesthetist, clinical nurse 6324
specialist, certified nurse-midwife, or certified nurse 6325
practitioner, unless either of the following applies: 6326

        (a) The evaluation, treatment, or services are being provided 6327
for fitness, wellness, or prevention purposes. 6328

        (b) The patient previously was diagnosed with chronic, 6329
neuromuscular, or developmental conditions and the evaluation, 6330
treatment, or services are being provided for problems or symptoms 6331
associated with one or more of those previously diagnosed 6332
conditions. 6333

        (3) If the physical therapist determines that orthotic 6334
devices are necessary to treat the patient, the physical therapist 6335
shall be limited to the application of the following orthotic 6336
devices: 6337

        (a) Upper extremity adaptive equipment used to facilitate the 6338
activities of daily living; 6339

        (b) Finger splints; 6340

        (c) Wrist splints; 6341

        (d) Prefabricated elastic or fabric abdominal supports with 6342
or without metal or plastic reinforcing stays and other 6343
prefabricated soft goods requiring minimal fitting; 6344

        (e) Nontherapeutic accommodative inlays; 6345

        (f) Shoes that are not manufactured or modified for a 6346
particular individual; 6347

        (g) Prefabricated foot care products; 6348

       (h) Custom foot orthotics; 6349

        (i) Durable medical equipment. 6350

        (4) If, at any time, the physical therapist has reason to 6351
believe that the patient has symptoms or conditions that require 6352
treatment or services beyond the scope of practice of a physical 6353
therapist, the physical therapist shall refer the patient to a 6354
licensed health care practitioner acting within the practitioner's 6355
scope of practice. 6356

        (B) Nothing in sections 4755.40 to 4755.56 of the Revised 6357
Code shall be construed to require reimbursement under any health 6358
insuring corporation policy, contract, or agreement, any sickness 6359
and accident insurance policy, the medical assistance program as 6360
defined in section 5111.01 of the Revised Code, or the health 6361
partnership program or qualified health plans established pursuant 6362
to sections 4121.44 to ~~4121.443~~4121.442 of the Revised Code, for 6363
any physical therapy service rendered without the prescription of, 6364
or the referral of the patient by, a licensed physician, 6365
chiropractor, dentist, podiatrist, certified registered nurse 6366
anesthetist, clinical nurse specialist, certified nurse-midwife, 6367
or certified nurse practitioner. 6368

       (C) For purposes of this section, "business day" means any 6369
calendar day that is not a Saturday, Sunday, or legal holiday. 6370
"Legal holiday" has the same meaning as in section 1.14 of the 6371
Revised Code. 6372

       Sec. 4981.03. (A) The Ohio rail development commission shall 6373
do all of the following: 6374

       (1) Develop, promote, and support safe, adequate, and 6375
efficient rail service throughout the state; 6376

       (2) Maintain adequate programs of investigation, research, 6377
promotion, planning, and development for rail service, which 6378
programs shall include the consideration of recommendations by 6379
public or private planning organizations; 6380

       (3) Provide for the participation of private corporations or 6381
organizations and the public in the development, construction, 6382
operation, and maintenance of rail service, and as franchisees 6383
~~thereof~~of rail service. 6384

       (B) In regard to rail service, the Ohio rail development 6385
commission is the successor of the Ohio high speed rail authority 6386
and the division of rail transportation of the department of 6387
transportation. The commission shall succeed to all federal 6388
allotments, entitlements, subsidies, and grants now existing, 6389
whether such allotments, entitlements, subsidies, and grants are 6390
encumbered or unencumbered, in the same manner and with the same 6391
authority as the Ohio high speed rail authority and the division 6392
of rail transportation exercised prior to ~~the effective date of~~ 6393
~~this amendment~~October 20, 1994. 6394

       (C) Every authority, commission, department, or other agency 6395
of this state shall provide the commission with data, plans, 6396
research, and any other information that the commission requests 6397
to assist it in performing its duties pursuant to this chapter. 6398

       (D) The commission may request and contract with any railroad 6399
to provide it with data and information necessary to carry out the 6400
purposes of this chapter. All railroads operating within this 6401
state shall provide the requested data and information to the 6402
commission. The commission shall not disclose any confidential 6403
data or information supplied to it. 6404

       (E) The commission shall cooperate with the director of 6405
development by exercising the commission's duty to promote and 6406
develop rail service in this state in conjunction with the 6407
director's exercise of his duty to promote the economic 6408
development of this state. 6409

       (F) The commission, when developing rail service throughout 6410
the state, may give priority to projects undertaken within the 6411
geographic boundaries of qualifying subdivisions. 6412

       ~~(G) Notwithstanding any other provision of law, the~~ 6413
~~commission is subject to section 123.151 of the Revised Code when~~ 6414
~~entering into contracts for the performance of labor, the~~ 6415
~~furnishing of materials, goods, or services, or the construction~~ 6416
~~of any structures or buildings necessary for the maintenance,~~ 6417
~~control, or management of any rail service project, as defined in~~ 6418
~~section 4981.11 of the Revised Code.~~ 6419

       Sec. 5123.35. (A) There is hereby created the ~~state planning~~ 6420
Ohio developmental disabilities council, which shall serve as an 6421
advocate for all persons with developmental disabilities. The 6422
council shall act in accordance with the "Developmental 6423
Disabilities Assistance and Bill of Rights Act," 98 Stat. 2662 6424
(1984), 42 U.S.C. 6001, as amended. The governor shall appoint the 6425
members of the council in accordance with 42 U.S.C. 6024. 6426

       (B) The ~~state planning~~Ohio developmental disabilities 6427
council shall develop the state plan required by federal law as a 6428
condition of receiving federal assistance under 42 U.S.C. 6021 to 6429
6030. The department of mental retardation and developmental 6430
disabilities, as the state agency selected by the governor for 6431
purposes of receiving the federal assistance, shall receive, 6432
account for, and disburse funds based on the state plan and shall 6433
provide assurances and other administrative support services 6434
required as a condition of receiving the federal assistance. 6435

       (C) The federal funds may be disbursed through grants to or 6436
contracts with persons and government agencies for the provision 6437
of necessary or useful goods and services for developmentally 6438
disabled persons. The ~~state planning~~Ohio developmental 6439
disabilities council may award the grants or enter into the 6440
contracts. 6441

       (D) The Ohio developmental disabilities council may award 6442
grants to or enter into contracts with a member of the council or 6443
an entity that the member represents if all of the following 6444
apply: 6445

       (1) The member serves on the council as a representative of 6446
one of the principal state agencies concerned with services for 6447
persons with developmental disabilities as specified in 42 U.S.C. 6448
6024(b)(3), a representative of a university affiliated program as 6449
defined in 42 U.S.C. 6001(18), or a representative of the legal 6450
rights service created under section 5123.60 of the Revised Code;. 6451

       (2) The council determines that the member or the entity he 6452
the member represents is capable of providing the goods or 6453
services specified under the terms of the grant or contract;. 6454

       (3) The member has not taken part in any discussion or vote 6455
of the council related to awarding the grant or entering into the 6456
contract, including service as a member of a review panel 6457
established by the council to award grants or enter into contracts 6458
or to make recommendations with regard to awarding grants or 6459
entering into contracts. 6460

       (E) A member of the ~~state planning~~Ohio developmental 6461
disabilities council is not in violation of Chapter 102. or 6462
section 2921.42 of the Revised Code with regard to receiving a 6463
grant or entering into a contract under this section if the 6464
requirements of division (D) of this section have been met. 6465

       Sec. 5123.352. There is hereby created in the state treasury 6466
the community mental retardation and developmental disabilities 6467
trust fund. The director of mental retardation and developmental 6468
disabilities, not later than sixty days after the end of each 6469
fiscal year, shall certify to the director of budget and 6470
management the amount of all the unexpended, unencumbered balances 6471
of general revenue fund appropriations made to the department of 6472
mental retardation and developmental disabilities for the fiscal 6473
year, excluding appropriations for rental payments to the Ohio 6474
public facilities commission, and the amount of any other funds 6475
held by the department in excess of amounts necessary to meet the 6476
department's operating costs and obligations pursuant to this 6477
chapter and Chapter 5126. of the Revised Code. On receipt of the 6478
certification, the director of budget and management shall 6479
transfer cash to the trust fund in an amount up to, but not 6480
exceeding, the total of the amounts certified by the director of 6481
mental retardation and developmental disabilities, except in cases 6482
in which the transfer will involve more than twenty million 6483
dollars. In such cases, the director of budget and management 6484
shall notify the controlling board and must receive the board's 6485
approval of the transfer prior to making the transfer. 6486

       ~~Except for expenses paid under division (C) of section~~ 6487
~~5123.353 of the Revised Code, all~~All moneys in the trust fund 6488
shall be distributed in accordance with section 5126.19 of the 6489
Revised Code. 6490

       Sec. 5301.80. As used in sections 5301.80 to 5301.92 of the 6491
Revised Code: 6492

       (A) "Activity and use limitations" means restrictions or 6493
obligations created under sections 5301.80 to 5301.92 of the 6494
Revised Code with respect to real property. 6495

        (B) "Agency" means the environmental protection agency or any 6496
other state or federal agency that determines or approves the 6497
environmental response project pursuant to which an environmental 6498
covenant is created. 6499

       (C) "Common interest community" means a condominium, a 6500
cooperative, or other real property with respect to which a 6501
person, by virtue of the person's ownership of a parcel of real 6502
property, is obligated to pay property taxes or insurance premiums 6503
or to pay for maintenance or improvement of other real property 6504
described in a recorded covenant that creates the common interest 6505
community. 6506

       (D) "Environmental covenant" means a servitude arising under 6507
an environmental response project that imposes activity and use 6508
limitations and that meets the requirements established in section 6509
5301.82 of the Revised Code. 6510

       (E) "Environmental response project" means a plan or work 6511
performed for environmental remediation of real property or for 6512
protection of ecological features associated with real property 6513
and conducted as follows: 6514

       (1) Under a federal or state program governing environmental 6515
remediation of real property that is subject to agency review or 6516
approval, including, but not limited to, property that is the 6517
subject of any of the following: 6518

        (a) A corrective action, closure, or post-closure pursuant to 6519
the "Resource Conservation and Recovery Act of 1976," 90 Stat. 6520
2806, 42 U.S.C.A. 6921, et seq., as amended, or any regulation 6521
adopted under that act, or Chapter 3734. of the Revised Code or 6522
any rule adopted under it; 6523

       (b) A removal or remedial action pursuant to the 6524
"Comprehensive Environmental Response, Compensation, and Liability 6525
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, et seq., as 6526
amended, or any regulation adopted under that act, or Chapter 6527
3734. or 6111. of the Revised Code or any rule adopted under those 6528
chapters; 6529

       (c) A no further action letter submitted with a request for a 6530
covenant not to sue pursuant to section 3746.11 of the Revised 6531
Code; 6532

       (d) A no further action letter prepared pursuant to section 6533
122.654 of the Revised Code; 6534

        (e) A corrective action pursuant to section 3737.88, 6535
3737.882, or 3737.89 of the Revised Code or any rule adopted under 6536
those sections. 6537

       (2) Pursuant to a mitigation requirement associated with the 6538
section 401 water quality certification program or the isolated 6539
wetland program as required by Chapter 6111. of the Revised Code; 6540

       (3) Pursuant to a grant commitment or loan agreement entered 6541
into pursuant to section 6111.036 or 6111.037 of the Revised Code; 6542

       (4) Pursuant to a supplemental environmental project embodied 6543
in orders issued by the director of environmental protection 6544
pursuant to Chapter 6111. of the Revised Code. 6545

       (F) "Holder" means a grantee of an environmental covenant as 6546
specified in division (A) of section 5301.81 of the Revised Code. 6547

       (G) "Person" includes the state, a political subdivision, 6548
another state or local entity, the United States and any agency or 6549
instrumentality of it, and any legal entity defined as a person 6550
under section 1.59 of the Revised Code. 6551

       (H) "Record," when used as a noun, means information that is 6552
inscribed on a tangible medium or that is stored in an electronic 6553
or other medium and is retrievable in perceivable form. 6554

       Sec. 5301.81. (A) Any person, including a person that owns an 6555
interest in the real property that is the subject of an 6556
environmental covenant, may be a holder. An environmental covenant 6557
may identify more than one holder. 6558

       (B) The interest of a holder is an interest in real property. 6559
However, a right of an agency under sections 5301.80 to 5301.92 of 6560
the Revised Code or under an environmental covenant, other than a 6561
right as a holder, is not an interest in real property. 6562

       Sec. 5301.82. (A) An environmental covenant shall contain 6563
all of the following: 6564

       (1) A statement that the instrument is an environmental 6565
covenant executed pursuant to sections 5301.80 to 5301.92 of the 6566
Revised Code; 6567

       (2) A legally sufficient description of the real property 6568
that is subject to the environmental covenant; 6569

       (3) A description of the activity and use limitations on the 6570
real property; 6571

       (4) Requirements for notice following transfer of a specified 6572
interest in, or concerning proposed changes in the use of, 6573
applications for building permits for, or proposals for any site 6574
work affecting contamination on, the property that is subject to 6575
the environmental covenant; 6576

       (5) The name or identity of every holder; 6577

       (6) Rights of access to the property granted in connection 6578
with implementation or enforcement of the environmental covenant; 6579

       (7) The signatures of the applicable agency, every holder, 6580
and, unless waived by the agency, every owner of the fee simple of 6581
the real property that is subject to the environmental covenant; 6582

       (8) An identification of the name and location of any 6583
administrative record for the environmental response project 6584
pursuant to which the environmental covenant is created. 6585

       (B) In addition to the information required by division (A) 6586
of this section, an environmental covenant may contain other 6587
information, restrictions, and requirements agreed to by the 6588
persons who signed the environmental covenant, including any of 6589
the following: 6590

       (1) Requirements for periodic reporting describing compliance 6591
with the environmental covenant; 6592

       (2) A brief narrative description of contamination on the 6593
property and its remedy, including the contaminants of concern, 6594
the pathways of exposure, limits on exposure, and the location and 6595
extent of the contamination; 6596

       (3) Limitations on amendment or termination of the 6597
environmental covenant in addition to those established in 6598
sections 5301.89 and 5301.90 of the Revised Code; 6599

       (4) Rights of the holder in addition to the right to enforce 6600
the environmental covenant pursuant to section 5301.91 of the 6601
Revised Code. 6602

       (C) In addition to other conditions for an agency's approval 6603
of an environmental covenant, the agency may require those persons 6604
specified by the agency who have interests in the real property 6605
that is the subject of the environmental covenant to sign the 6606
covenant. 6607

       Sec. 5301.83. (A) A copy of an environmental covenant shall 6608
be provided to all of the following in a manner required by the 6609
applicable agency: 6610

       (1) Each person that signed the environmental covenant; 6611

       (2) Each person holding a recorded interest in the real 6612
property that is subject to the environmental covenant; 6613

       (3) Each person in possession of the real property that is 6614
subject to the environmental covenant; 6615

       (4) Each unit of local government in which the real property 6616
that is subject to the environmental covenant is located; 6617

       (5) Any other person that the agency requires. 6618

       (B) The validity of an environmental covenant is not affected 6619
by failure to provide a copy of the environmental covenant as 6620
required under this section. 6621

       Sec. 5301.84. An agency is bound by any obligation that it 6622
expressly assumes in an environmental covenant, but an agency does 6623
not assume obligations merely by signing an environmental 6624
covenant. Any other person that signs an environmental covenant is 6625
bound by the obligations that the person assumes in the 6626
environmental covenant, but signing the environmental covenant 6627
does not change obligations, rights, or protections that are 6628
granted or imposed under law other than sections 5301.80 to 6629
5301.92 of the Revised Code, except as provided in the 6630
environmental covenant. 6631

       Sec. 5301.85. (A) An environmental covenant that complies 6632
with sections 5301.80 to 5301.92 of the Revised Code runs with the 6633
land. 6634

       (B) An environmental covenant that is otherwise effective is 6635
valid and enforceable even if any of the following limitations on 6636
enforcement of interests applies: 6637

       (1) It is not appurtenant to an interest in real property. 6638

       (2) It can be or has been assigned to a person other than the 6639
original holder. 6640

       (3) It is not of a character that has been recognized 6641
traditionally at common law. 6642

       (4) It imposes a negative burden. 6643

       (5) It imposes an affirmative obligation on a person having 6644
an interest in the real property or on the holder. 6645

       (6) The benefit or burden of the environmental covenant does 6646
not touch or concern real property. 6647

       (7) There is no privity of estate or contract. 6648

       (8) The holder dies, ceases to exist, resigns, or is 6649
replaced. 6650

       (9) The owner of an interest that is subject to the 6651
environmental covenant and the holder are the same person. 6652

       (C) An instrument that creates restrictions or obligations 6653
with respect to real property that would qualify as activity and 6654
use limitations except for the fact that the instrument was 6655
recorded before the effective date of sections 5301.80 to 5301.92 6656
of the Revised Code is not invalid or unenforceable because of any 6657
of the limitations on enforcement of interests described in 6658
division (B) of this section or because it was identified as an 6659
easement, servitude, deed restriction, or other interest. Sections 6660
5301.80 to 5301.92 of the Revised Code do not apply in any other 6661
respect to such an instrument. 6662

       (D) Sections 5301.80 to 5301.92 of the Revised Code do not 6663
invalidate or render unenforceable any interest, whether 6664
designated as an environmental covenant or other interest, that is 6665
otherwise enforceable under the laws of this state. 6666

       (E) Nothing in sections 5301.80 to 5301.92 of the Revised 6667
Code shall be construed to restrict, affect, or impair the rights 6668
of any person under the Revised Code or common law to enter into 6669
or record a restrictive covenant, institutional control, easement, 6670
servitude, or other restriction on the use of property that does 6671
not satisfy the requirements of division (A) of section 5301.82 of 6672
the Revised Code and does not have the permission, approval, or 6673
consent of an agency, political subdivision, regulatory body, or 6674
other unit of government. However, a restrictive covenant, 6675
institutional control, easement, servitude, or other restriction 6676
on the use of property entered into or recorded without such 6677
permission, approval, or consent is not an environmental covenant 6678
and is not binding on an agency, political subdivision, regulatory 6679
body, or other unit of government. 6680

       Sec. 5301.86. With respect to interests in real property in 6681
existence at the time that an environmental covenant is created or 6682
amended, all of the following apply: 6683

       (A) An interest that has priority under other law is not 6684
affected by an environmental covenant unless the person that owns 6685
the interest agrees to subordinate that interest to the 6686
environmental covenant. 6687

       (B) Sections 5301.80 to 5301.92 of the Revised Code do not 6688
require a person that owns a prior interest to subordinate that 6689
interest to an environmental covenant or to agree to be bound by 6690
the covenant. 6691

       (C) A subordination agreement may be contained in an 6692
environmental covenant or in a separate record. If the 6693
environmental covenant covers commonly owned property in a common 6694
interest community, the record may be signed by any person who is 6695
authorized by the common interest community. 6696

       (D) An agreement by a person to subordinate a prior interest 6697
to an environmental covenant affects the priority of that 6698
persons's interest, but does not by itself impose any affirmative 6699
obligation on the person with respect to the environmental 6700
covenant. 6701

       Sec. 5301.87. Sections 5301.80 to 5301.92 of the Revised Code 6702
do not authorize a use of real property that is otherwise 6703
prohibited by zoning, by law other than sections 5301.80 to 6704
5301.92 of the Revised Code regulating use of real property, or by 6705
a recorded instrument that has priority over an environmental 6706
covenant. An environmental covenant may prohibit or restrict uses 6707
of real property that are authorized by zoning or by law other 6708
than sections 5301.80 to 5301.92 of the Revised Code. 6709

       Sec. 5301.88. (A) Except as otherwise provided in division 6710
(B) of this section, an environmental covenant and any amendment 6711
or termination of the environmental covenant shall be filed in the 6712
office of the county recorder of each county in which the real 6713
property that is subject to the environmental covenant is located 6714
and shall be recorded in the same manner as a deed to the 6715
property. For purposes of indexing, a holder shall be treated as a 6716
grantee. 6717

       (B) Pursuant to Chapter 5309. of the Revised Code, an 6718
environmental covenant and any amendment or termination of the 6719
environmental covenant in connection with registered land, as 6720
defined in section 5309.01 of the Revised Code, shall be entered 6721
as a memorial on the page of the register where the title of the 6722
owner is registered. 6723

       (C) Except as otherwise provided in division (C) of section 6724
5301.89 of the Revised Code, an environmental covenant is subject 6725
to the laws of this state governing recording and priority of 6726
interest in real property. 6727

       Sec. 5301.89. (A) An environmental covenant is perpetual 6728
unless any of the following applies: 6729

       (1) The environmental covenant is limited by its terms to a 6730
specific duration or is terminated by its terms by the occurrence 6731
of a specific event. 6732

       (2) The environmental covenant is terminated by consent 6733
pursuant to section 5301.90 of the Revised Code. 6734

       (3) The environmental covenant is terminated pursuant to 6735
division (B) of this section. 6736

       (4) The environmental covenant is terminated by foreclosure 6737
of an interest that has priority over the environmental covenant. 6738

       (5) The environmental covenant is terminated or modified in 6739
an eminent domain proceeding, but only if all of the following 6740
apply: 6741

       (a) The agency that signed the environmental covenant is a 6742
party to the proceeding. 6743

       (b) All persons identified in divisions (A) and (B) of 6744
section 5301.90 of the Revised code are given notice of the 6745
pendency of the proceeding. 6746

       (c) The court determines, after a hearing, that the 6747
termination or modification will not adversely affect human health 6748
or safety or the environment. 6749

       (B) If the agency that signed an environmental covenant has 6750
determined that the intended benefits of the environmental 6751
covenant can no longer be realized, a court, under the doctrine of 6752
changed circumstances, in an action in which all persons 6753
identified in divisions (A) and (B) of section 5301.90 of the 6754
Revised Code have been given notice, may terminate the 6755
environmental covenant or reduce its burden on the real property 6756
that is subject to the environmental covenant. 6757

       (C) Except as otherwise provided in divisions (A) and (B) of 6758
this section, an environmental covenant may not be extinguished, 6759
limited, or impaired through issuance of a tax deed, foreclosure 6760
of a tax lien, or application of the doctrine of adverse 6761
possession, prescription, abandonment, waiver, lack of 6762
enforcement, or acquiescence or a similar doctrine. 6763

       (D) An environmental covenant may not be extinguished, 6764
limited, or impaired by application of sections 5301.47 to 5301.56 6765
of the Revised Code. 6766

       Sec. 5301.90. (A) An environmental covenant may be amended 6767
or terminated by consent only if the amendment or termination is 6768
signed by all of the following: 6769

       (1) The applicable agency; 6770

       (2) Unless waived by that agency, the current owner of the 6771
fee simple of the real property that is subject to the 6772
environmental covenant; 6773

       (3) Each person that originally signed the environmental 6774
covenant unless the person waived in a signed record the right to 6775
consent or a court finds that the person no longer exists or 6776
cannot be located or identified with the exercise of reasonable 6777
diligence; 6778

       (4) Except as otherwise provided in division (D)(2) of this 6779
section, each holder. 6780

       (B) If an interest in real property is subject to an 6781
environmental covenant, the interest is not affected by an 6782
amendment of the environmental covenant unless the current owner 6783
of the interest consents in writing to the amendment or has waived 6784
in a signed record the right to consent to amendments. 6785

       (C) Except for an assignment undertaken pursuant to a 6786
governmental reorganization, assignment of an environmental 6787
covenant to a new holder is an amendment of the environmental 6788
covenant. 6789

       (D) Except as otherwise provided in an environmental 6790
covenant, both of the following apply: 6791

       (1) A holder may not assign its interest without consent of 6792
the other parties to the environmental covenant specified in 6793
division (A) of this section. 6794

       (2) A holder may be removed and replaced by agreement of the 6795
other parties specified in division (A) of this section. 6796

       (E) A court of competent jurisdiction may fill a vacancy in 6797
the position of holder. 6798

       Sec. 5301.91. (A) A civil action for injunctive or other 6799
equitable relief for violation of an environmental covenant may be 6800
maintained by any of the following: 6801

       (1) A party to the environmental covenant specified in 6802
division (A) of section 5301.90 of the Revised Code that is not 6803
otherwise specified in divisions (A)(2) to (6) of this section; 6804

       (2) The environmental protection agency; 6805

       (3) The applicable agency if it is other than the 6806
environmental protection agency; 6807

       (4) Any person to whom the environmental covenant expressly 6808
grants the authority to maintain such an action; 6809

       (5) A person whose interest in the real property or whose 6810
collateral or liability may be affected by the alleged violation 6811
of the environmental covenant; 6812

       (6) A unit of local government in which the real property 6813
that is subject to the environmental covenant is located. 6814

       (B) Sections 5301.80 to 5301.92 of the Revised Code do not 6815
limit the regulatory authority of the applicable agency or the 6816
environmental protection agency if it is not the applicable agency 6817
under any law other than sections 5301.80 to 5301.92 of the 6818
Revised Code with respect to an environmental response project. 6819

       (C) A person is not responsible for or subject to liability 6820
for environmental remediation solely because it has the right to 6821
enforce an environmental covenant. 6822

       Sec. 5301.92. Sections 5301.80 to 5301.92 of the Revised 6823
Code modify, limit, or supersede the "Electronic Signatures in 6824
Global and National Commerce Act," 114 Stat. 464 (2000), 15 U.S.C. 6825
7001 et seq., as amended, except that sections 5301.80 to 5301.92 6826
of the Revised Code do not modify, limit, or supersede section 101 6827
of that act, 15 U.S.C. 7001(a), as amended, or authorize 6828
electronic delivery of any of the notices described in section 103 6829
of that act, 15 U.S.C. 7003(b), as amended. 6830

       Section 2. That existing sections 101.23, 101.83, 101.84, 6831
101.85, 101.86, 122.011, 122.133, 122.40, 123.01, 123.151, 149.56, 6832
164.07, 307.674, 317.08, 340.02, 1501.04, 1502.04, 1502.05, 6833
1502.11, 1502.12, 1506.30, 1506.34, 1506.35, 1517.02, 1517.05, 6834
1517.23, 1518.01, 1518.03, 1551.35, 2505.02, 3358.10, 3375.61, 6835
3375.62, 3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 6836
3383.07, 3383.08, 3383.09, 3734.22, 3734.24, 3734.25, 3734.26, 6837
3737.88, 3737.882, 3745.01, 3746.01, 3746.04, 3746.05, 3746.09, 6838
3746.10, 3746.11, 3746.13, 3746.14, 3746.171, 3746.35, 3747.02, 6839
3748.01, 3748.02, 3748.04, 3748.05, 3748.16, 3929.482, 3929.682, 6840
3929.85, 3931.01, 3955.05, 3960.06, 4117.01, 4121.442, 4167.09, 6841
4167.25, 4167.27, 4582.12, 4731.143, 4741.03, 4755.481, 4981.03, 6842
5123.35, and 5123.352 and sections        Sec. 122.09. ,        Sec. 125.24. ,        Sec. 149.32. , 6843
       Sec. 149.321. ,        Sec. 149.322. ,        Sec. 1502.10. ,        Sec. 1506.37. ,        Sec. 1517.03. ,        Sec. 1517.04. ,        Sec. 3354.161. , 6844
       Sec. 3355.121. ,        Sec. 3357.161. ,        Sec. 3375.47. ,        Sec. 3746.08. ,        Sec. 3747.04. ,        Sec. 3747.05. ,        Sec. 3747.06. , 6845
       Sec. 3747.061. ,        Sec. 3747.07. ,        Sec. 3747.08. ,        Sec. 3747.09. ,        Sec. 3747.10. ,        Sec. 3747.11. ,        Sec. 3747.12. , 6846
       Sec. 3747.13. ,        Sec. 3747.14. ,        Sec. 3747.15. ,        Sec. 3747.16. ,        Sec. 3747.17. ,        Sec. 3747.18. ,        Sec. 3747.19. , 6847
       Sec. 3747.20. ,        Sec. 3747.21. ,        Sec. 3747.22. ,        Sec. 3748.09. ,        Sec. 3929.71. ,        Sec. 3929.72. ,        Sec. 3929.721. , 6848
       Sec. 3929.73. ,        Sec. 3929.75. ,        Sec. 3929.76. ,        Sec. 3929.77. ,        Sec. 3929.78. ,        Sec. 3929.79. ,        Sec. 3929.80. , 6849
       Sec. 3929.81. ,        Sec. 3929.82. ,        Sec. 3929.83. ,        Sec. 3929.84. ,        Sec. 4121.443. ,        Sec. 4167.26. ,        Sec. 5101.93. , 6850
       Sec. 5119.81. ,        Sec. 5119.82. , and        Sec. 5123.353. of the Revised Code are hereby 6851
repealed. 6852

       Section 3. That Section 27 of Sub. H.B. 670 of the 121st 6853
General Assembly, as most recently amended by Am. Sub. H.B. 95 of 6854
the 125th General Assembly, is hereby repealed. 6855

       Section 4. The following agencies shall be retained pursuant 6856
to division (D) of section 101.83 of the Revised Code and shall 6857
expire on December 31, 2010: 6858

REVISED CODE OR 6859
UNCODIFIED 6860
AGENCY NAME SECTION 6861

Administrator, Interstate Compact on Mental Health 5119.50 6862
Administrator, Interstate Compact on 5103.20 6863
Placement of Children 6864
Advisory Board of Governor's Office of Faith-Based and Community Initiatives 107.12 6865
Advisory Boards to the EPA for Air Pollution 121.13 6866
Advisory Boards to the EPA for Water Pollution 121.13 6867
Advisory Committee of the State Veterinary Medical Licensing Board 4741.03(D)(3) 6868
Advisory Committee on Livestock Exhibitions 901.71 6869
Advisory Council on Amusement Ride Safety 1711.51 6870

Advisory Board of Directors for Prison Labor 5145.162 6871

Advisory Council for Each Wild, Scenic, or Recreational River Area 1517.18 6872
Advisory Councils or Boards for State Departments 107.18 or 121.13 6873
Advisory Group to the Ohio Water Resources Council 1521.19(C) 6874
Alzheimer's Disease Task Force 173.04(F) 6875
AMBER Alert Advisory Committee 5502.521 6876
Apprenticeship Council 4139.02 6877

Armory Board of Control 5911.09 6878

Automated Title Processing Board 4505.09(C)(1) 6879
Banking Commission 1123.01 6880
Board of Directors of the Ohio Health Reinsurance Program 3924.08 6881

Board of Voting Machine Examiners 3506.05(B) 6882

Board of Tax Appeals 5703.02 6883

Brain Injury Advisory Committee 3304.231 6884

Capitol Square Review and Advisory Board 105.41 6885

Child Support Guideline Advisory Council 3119.024 6886

Children's Trust Fund Board 3109.15 6887
Citizens Advisory Committee (BMV) 4501.025 6888

Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities) 5123.092 6889

Clean Ohio Trail Advisory Board 1519.06 6890

Coastal Resources Advisory Council 1506.12 6891

Commission on African-American Males 4112.12 6892

Commission on Hispanic-Latino Affairs 121.31 6893
Commission on Minority Health 3701.78 6894
Committee on Prescriptive Governance 4723.49 6895

Commodity Advisory Commission 926.32 6896

Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council 5123.353 6897
Community Oversight Council 3311.77 6898
Compassionate Care Task Force Section 3, H.B. 474, 124th GA 6899
Consumer Advisory Committee to the Rehabilitation Services Commission 3304.24 6900

Continuing Education Committee (for Sheriffs) 109.80 6901

Controlling Board 127.12 6902
Coordinating Committee, Agricultural Commodity Marketing Programs 924.14 6903

Council on Alcohol and Drug Addiction Services 3793.09 6904

Council on Unreclaimed Strip Mined Lands 1513.29 6905
Council to Advise on the Establishment and Implementation of the Birth Defects Information System 3705.34 6906

County Sheriffs' Standard Car-Marking and Uniform Commission 311.25 6907
Credit Union Council 1733.329 6908

Criminal Sentencing Advisory Committee 181.22 6909

Day-Care Advisory Council 5104.08 6910
Dentist Loan Repayment Advisory Board 3702.92 6911

Development Financing Advisory Council 122.40 6912
Education Commission of the States (Interstate Compact for Education) 3301.48 6913

Electrical Safety Inspector Advisory Committee 3783.08 6914
Emergency Response Commission 3750.02 6915

Engineering Experiment Station Advisory Committee 3335.27 6916
Environmental Education Council 3745.21 6917

Environmental Review Appeals Commission 3745.02 6918

EPA Advisory Boards or Councils 121.13 6919
Farmland Preservation Advisory Board 901.23 6920
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township 118.05 6921
Financial Planning & Supervision Commission for School District 3316.05 6922

Forestry Advisory Council 1503.40 6923
Governance Authority for a State University or College 3345.75 6924
Governor's Advisory Council on Physical Fitness, Wellness, & Sports 3701.77 6925

Governor's Council on People with Disabilities 3303.41 6926
Governor's Residence Advisory Commission 107.40 6927
Great Lakes Commission (Great Lakes Basin Compact) 6161.01 6928
Gubernatorial Transition Committee 107.29 6929
Head Start Partnership Study Council Section 41.35, H.B. 95, 125th GA 6930

Hemophilia Advisory Subcommittee 3701.0210 6931
Housing Trust Fund Advisory Committee 175.25 6932

Industrial Commission Nominating Council 4121.04 6933

Industrial Technology and Enterprise Advisory Council 122.29 6934
Infant Hearing Screening Subcommittee 3701.507 6935

Insurance Agent Education Advisory Council 3905.483 6936
Interagency Council on Hispanic/Latino Affairs 121.32(J) 6937
Interstate Mining Commission (Interstate Mining Compact) 1514.30 6938
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact) 4981.35 6939
Joint Council on MR/DD 101.37 6940

Joint Select Committee on Volume Cap 133.021 6941

Labor-Management Government Advisory Council 4121.70 6942

Legal Rights Service Commission 5123.60 6943
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research 103.51 6944

Maternal and Child Health Council 3701.025 6945

Medically Handicapped Children's Medical Advisory Council 3701.025 6946
Midwest Interstate Passenger Rail Compact Commission (Ohio members) 4981.361 6947
Military Activation Task Force 5902.15 6948

Milk Sanitation Board 917.03 6949

Mine Subsidence Insurance Governing Board 3929.51 6950
Minority Development Financing Board 122.72 6951

Multi-Agency Radio Communications Systems Steering Committee Sec. 21, H.B. 790, 120th GA 6952

Multidisciplinary Council 3746.03 6953
Muskingum River Advisory Council 1501.25 6954

National Museum of Afro-American History and Culture Planning Committee 149.303 6955
Nursing Facility Reimbursement Study Council 5111.34 6956

Ohio Advisory Council for the Aging 173.03 6957
Ohio Aerospace & Defense Advisory Council 122.98 6958

Ohio Arts Council 3379.02 6959

Ohio Business Gateway Steering Committee 5703.57 6960

Ohio Cemetery Dispute Resolution Commission 4767.05 6961
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils 4112.04(B) 6962
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors 3930.03 6963
Ohio Commercial Market Assistance Plan Executive Committee 3930.02 6964

Ohio Commission on Dispute Resolution and Conflict Management 179.02 6965
Ohio Commission to Reform Medicaid Section 59.29, H.B. 95, 125th GA 6966
Ohio Community Service Council 121.40 6967
Ohio Council for Interstate Adult Offender Supervision 5149.22 6968
Ohio Cultural Facilities Commission 3383.02 6969
Ohio Developmental Disabilities Council 5123.35 6970

Ohio Educational Telecommunications Network Commission 3353.02 6971

Ohio Ethics Commission 102.05 6972

Ohio Expositions Commission 991.02 6973

Ohio Family and Children First Cabinet Council 121.37 6974

Ohio Geology Advisory Council 1505.11 6975

Ohio Grape Industries Committee 924.51 6976
Ohio Hepatitis C Advisory Commission 3701.92 6977
Ohio Historic Site Preservation Advisory Board 149.301 6978

Ohio Historical Society Board of Trustees 149.30 6979
Ohio Judicial Conference 105.91 6980

Ohio Lake Erie Commission 1506.21 6981
Ohio Medical Malpractice Commission Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA 6982

Ohio Medical Quality Foundation 3701.89 6983

Ohio Parks and Recreation Council 1541.40 6984

Ohio Peace Officer Training Commission 109.71 6985

Ohio Public Defender Commission 120.01 6986
Ohio Public Library Information Network Board Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA 6987
Ohio Public Works Commission 164.02 6988

Ohio Quarter Horse Development Commission 3769.086 6989

Ohio SchoolNet Commission 3301.80 6990
Ohio Small Government Capital Improvements Commission 164.02 6991

Ohio Soil and Water Conservation Commission 1515.02 6992

Ohio Standardbred Development Commission 3769.085 6993

Ohio Steel Industry Advisory Council 122.97 6994

Ohio Teacher Education and Licensure Advisory Council 3319.28(D) 6995

Ohio Thoroughbred Racing Advisory Committee 3769.084 6996

Ohio Tuition Trust Authority 3334.03 6997

Ohio University College of Osteopathic Medicine Advisory Committee 3337.10 6998

Ohio Vendors Representative Committee 3304.34 6999

Ohio War Orphans Scholarship Board 5910.02 7000

Ohio Water Advisory Council 1521.031 7001
Ohio Water Resources Council 1521.19 7002
Ohioana Library Association, Martha Kinney Cooper Memorial 3375.62 7003

Oil and Gas Commission 1509.35 7004
Operating Committee, Agricultural Commodity Marketing Programs 924.07 7005

Organized Crime Investigations Commission 177.01 7006

Parole Board 5149.10 7007

Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services 5111.81 7008

Physician Loan Repayment Advisory Board 3702.81 7009
Power Siting Board 4906.02 7010
Prequalification Review Board 5525.07 7011

Private Water Systems Advisory Council 3701.346 7012

Public Employment Risk Reduction Advisory Commission 4167.02 7013
Public Health Council 3701.33 7014

Public Utilities Commission Nominating Council 4901.021 7015
Public Utility Property Tax Study Committee 5727.85 7016
Radiation Advisory Council 3748.20 7017

Reclamation Commission 1513.05 7018

Recreation and Resources Commission 1501.04 7019

Recycling and Litter Prevention Advisory Council 1502.04 7020

Rehabilitation Services Commission Consumer Advisory Committee 3304.24 7021

Release Authority of Department of Youth Services 5139.50 7022
Savings & Loans Associations & Savings Banks Board 1181.16 7023
Schools and Ministerial Lands Divestiture Committee 501.041 7024
Second Chance Trust Fund Advisory Committee 2108.17 7025
Self-Insuring Employers Evaluation Board 4123.352 7026

Services Committee of the Workers' Compensation System 4121.06 7027

Small Business Stationary Source Technical and Environmental Compliance Assistance Council 3704.19 7028

Solid Waste Management Advisory Council 3734.51 7029
State Agency Coordinating Group 1521.19 7030

State Board of Deposit 135.02 7031
State Board of Emergency Medical Services Subcommittees 4765.04 7032

State Council of Uniform State Laws 105.21 7033

State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities 4115.32 7034

State Criminal Sentencing Commission 181.21 7035
State Employment Relations Board 4117.02 7036

State Fire Commission 3737.81 7037

State Racing Commission 3769.02 7038
State Victims Assistance Advisory Committee 109.91 7039

Student Tuition Recovery Authority 3332.081 7040

Tax Credit Authority 122.17 7041

Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office 1551.35 7042

Technical Advisory Council on Oil and Gas 1509.38 7043

Transportation Review Advisory Council 5512.07 7044
Unemployment Compensation Review Commission 4141.06 7045

Unemployment Compensation Advisory Council 4141.08 7046

Utility Radiological Safety Board 4937.02 7047
Vehicle Management Commission 125.833 7048

Veterans Advisory Committee 5902.02(K) 7049
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public) 146.02 7050

Water and Sewer Commission 1525.11(C) 7051

Waterways Safety Council 1547.73 7052

Wildlife Council 1531.03 7053

Workers' Compensation System Oversight Commission 4121.12 7054

Workers' Compensation Oversight Commission Nominating Committee 4121.123 7055

       Section 5. That Section 10 of Sub. H.B. 548 of the 123rd 7056
General Assembly is hereby repealed. 7057

       Section 6. That sections        Sec. 101.82. ,        Sec. 101.83. ,        Sec. 101.84. ,        Sec. 101.85. , 7058
       Sec. 101.86. , and        Sec. 101.87. of the Revised Code are hereby repealed on 7059
December 31, 2010. 7060

       Section 7. That Section 6 of Am. Sub. S.B. 163 of the 124th 7061
General Assembly, Section 6 of Sub. S.B. 27 of the 124th General 7062
Assembly, Section 3 of Am. H.B. 280 of the 121st General Assembly, 7063
as most recently amended by Sub. H.B. 670 of the 121st General 7064
Assembly, and Section 3 of Sub. H.B. 508 of the 119th General 7065
Assembly, as most recently amended by Sub. H.B. 670 of the 121st 7066
General Assembly are hereby repealed. 7067

       Section 8. (A) That Section 3 of Am. S.B. 208 of the 120th 7068
General Assembly is hereby repealed. 7069

       (B) The repeal of section 149.32 of the Revised Code, 7070
effective December 30, 2004, and Section 3 of Am. S.B. 208 of the 7071
120th General Assembly, effective December 30, 2004, is intended 7072
to accelerate the earlier repeal, with delayed effective date, of 7073
section 149.32 of the Revised Code. 7074

       Section 9. (A) It is in part the intent of the General 7075
Assembly in enacting this act to implement the report of the 7076
Sunset Review Committee that was created by Sub. H.B. 548 of the 7077
123rd General Assembly. That report is implemented in part as 7078
follows: 7079

       (1) By the abolishment in this act, through amendments to 7080
relevant codified sections of law and through outright repeals of 7081
codified or uncodified sections of law, of several agencies, as 7082
defined in section 101.82 of the Revised Code, that were subject 7083
to the Committee's jurisdiction; 7084

       (2) By the continuation, through the amendment or enactment 7085
of codified or uncodified sections of law, of the existence of 7086
numerous agencies, as defined in section 101.82 of the Revised 7087
Code, that were subject to the Committee's jurisdiction. 7088

       (B) In addition to the means of implementing the Committee's 7089
report mentioned in division (A) of this section, the General 7090
Assembly hereby declares its intent to abolish the Department of 7091
Health's Citizen's Advisory Council and the Environmental 7092
Protection Agency's Public Response Group. These entities were 7093
subject to the Committee's jurisdiction, and the Committee 7094
declared that they should be abolished, but no express codified or 7095
uncodified source of law for them was found to exist by the 7096
General Assembly. 7097

       (C) Further, in addition to the means of implementing the 7098
Committee's report mentioned in divisions (A) and (B) of this 7099
section, the General Assembly hereby declares its intent to 7100
continue the existence of the following five entities, if they 7101
have not expired by operation of law prior to and are in existence 7102
on the effective date of this act. These entities were subject to 7103
the Committee's jurisdiction, and the Committee declared they 7104
should be continued in existence, but no express codified or 7105
uncodified source of law for them was found to exist by the 7106
General Assembly: 7107

       (1) Assistance Council; 7108

       (2) Interdepartmental Cluster for Services to Youth; 7109

       (3) Jobs for Ohio's Graduates Board of Trustees; 7110

       (4) Ohio Oil and Gas Energy Education Program; 7111

       (5) Ohio Science and Technology Council 7112

       Section 10. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 11 of 7113
this act shall take effect on December 30, 2004. 7114

       Section 11. Section 2505.02 of the Revised Code is presented 7115
in this act as a composite of the section as amended by Am. Sub. 7116
H.B. 292, Am. Sub. H.B. 342, and Sub. S.B. 187 of the 125th 7117
General Assembly. The General Assembly, applying the principle 7118
stated in division (B) of section 1.52 of the Revised Code that 7119
amendments are to be harmonized if reasonably capable of 7120
simultaneous operation, finds that the composite is the resulting 7121
version of the section in effect prior to the effective date of 7122
the section as presented in this act. 7123

       Section 12. This act is hereby declared to be an emergency 7124
measure necessary for the immediate preservation of the public 7125
peace, health, and safety. The reason for the necessity is that, 7126
unless this act takes immediate effect, hundreds of significant 7127
state agencies will expire by operation of law on December 31, 7128
2004. Therefore, this act shall go into immediate effect. 7129

Section 1. That sections 101.23, 101.83, 101.84, 101.85,	66
101.86, 122.011, 122.133, 122.40, 123.01, 123.151, 149.56, 164.07,	67
307.674, 317.08, 340.02, 1501.04, 1502.04, 1502.05, 1502.11,	68
1502.12, 1506.30, 1506.34, 1506.35, 1517.02, 1517.05, 1517.23,	69
1518.01, 1518.03, 1551.35, 2505.02, 3358.10, 3375.61, 3375.62,	70
3383.01, 3383.02, 3383.03, 3383.04, 3383.05, 3383.06, 3383.07,	71
3383.08, 3383.09, 3734.22, 3734.24, 3734.25, 3734.26, 3737.88,	72
3737.882, 3745.01, 3746.01, 3746.04, 3746.05, 3746.09, 3746.10,	73
3746.11, 3746.13, 3746.14, 3746.171, 3746.35, 3747.02, 3748.01,	74
3748.02, 3748.04, 3748.05, 3748.16, 3929.482, 3929.682, 3929.85,	75
3931.01, 3955.05, 3960.06, 4117.01, 4121.442, 4167.09, 4167.25,	76
4167.27, 4582.12, 4731.143, 4741.03, 4755.481, 4981.03, 5123.35,	77
and 5123.352 be amended and sections 149.305, 149.306, 5301.80,	78
5301.81, 5301.82, 5301.83, 5301.84, 5301.85, 5301.86, 5301.87,	79
5301.88, 5301.89, 5301.90, 5301.91, and 5301.92 of the Revised	80
Code be enacted to read as follows:	81

Sec. 101.23. The oath of office of senators and	82
representatives,; the president and president pro tempore of the	83
senate,; the speaker and speaker pro tempore of the house of	84
representatives~~, and~~; the clerk of the senate, the chief	85
administrative officer and the clerk of the house of	86
representatives, and their assistants,; and the sergeant at arms	87
and assistant sergeant at arms of each house may be administered	88
by a member, by a former presiding officer of either house of the	89
general assembly, or by a person authorized to administer oaths.	90

Sec. 101.83. (A) An agency in existence on January 1, ~~2001~~	91
2005, shall expire on December 31, ~~2004~~2010, unless the agency is	92
renewed in accordance with division (D) of this section and, if so	93
renewed, shall expire thereafter on the thirty-first day of	94
December of the fourth year after the year in which it was most	95
recently renewed unless the agency is renewed in accordance with	96
division (D) of this section. An agency created after January 1,	97
~~2001~~2005, that is created on the thirty-first day of December	98
shall expire not later than four years after its creation, unless	99
the agency is renewed in accordance with division (D) of this	100
section. An agency created after January 1, ~~2001~~2005, that is	101
created on any other date shall be considered for the purpose of	102
this section to have been created on the preceding thirty-first	103
day of December, and the agency shall expire not later than four	104
years after the date it was considered to have been created,	105
unless the agency is renewed in accordance with division (D) of	106
this section. Any act creating or renewing an agency shall contain	107
a distinct section providing a specific expiration date for the	108
agency in accordance with this division.	109

(B) If the general assembly does not renew or transfer an	110
agency on or before its expiration date, it shall expire on that	111
date.	112

The auditor of state shall not authorize the expenditure of	113
any moneys for any agency on or after the date of its expiration.	114

(C) The general assembly may provide by law for the orderly,	115
efficient, and expeditious conclusion of an agency's business and	116
operation. The rules, orders, licenses, contracts, and other	117
actions made, taken, granted, or performed by the agency shall	118
continue in effect according to their terms notwithstanding the	119
agency's abolition, unless the general assembly provides otherwise	120
by law. The general assembly may provide by law for the temporary	121
or permanent transfer of some or all of a terminated or	122
transferred agency's functions and personnel to a successor agency	123
or officer.	124

The abolition, termination, or transfer of an agency shall	125
not cause the termination or dismissal of any claim pending	126
against the agency by any person, or any claim pending against any	127
person by the agency. Unless the general assembly provides	128
otherwise by law for the substitution of parties, the attorney	129
general shall succeed the agency with reference to any pending	130
claim.	131

(D) An agency may be renewed by passage of a bill that	132
continues the statutes creating and empowering the agency, that	133
amends or repeals those statutes, or that enacts new statutes, to	134
improve agency usefulness, performance, or effectiveness.	135

Sec. 101.84. (A) There is hereby created the sunset review	136
committee, to be composed of nine members and function in calendar	137
years 2009 and 2010. The president of the senate shall appoint	138
three members of the senate to the committee, not more than two of	139
whom shall be members of the same political party. The speaker of	140
the house of representatives shall appoint three members of the	141
house of representatives to the committee, not more than two of	142
whom shall be members of the same political party. The governor,	143
with the advice and consent of the senate, shall appoint three	144
members to the committee, not more than two of whom shall be	145
members of the same political party. Members shall be appointed	146
within fifteen days after the commencement of the first regular	147
session of ~~each~~the 128th general assembly.	148

(B) Each member of the committee who is appointed by the	149
president of the senate or the speaker of the house of	150
representatives shall serve ~~until~~during that committee member's	151
~~successor is appointed~~term of office or until that committee	152
member no longer is a member of the senate or the house of	153
representatives, whichever is applicable. Each member of the	154
committee who is appointed by the governor shall serve a two-year	155
term that ends on the thirty-first day of December ~~of each~~	156
~~even-numbered year~~in 2010. A vacancy on the committee shall be	157
filled in the same manner as the original appointment.	158

In the first regular session of athe 128th general assembly,	159
the chairperson of the committee shall be a member of the house of	160
representatives, and the vice-chairperson of the committee shall	161
be a member of the senate. In the second regular session of the	162
128th general assembly, the chairperson of the committee shall be	163
a member of the senate, and the vice-chairperson of the committee	164
shall be a member of the house of representatives.	165

Members of the committee shall receive no compensation, but	166
shall be reimbursed for their necessary expenses incurred in the	167
performance of their official duties.	168

(C) The committee shall meet not later than thirty days after	169
the first day of the first regular session of the 128th general	170
assembly to choose a chairperson and to commence establishment of	171
the schedule for agency review provided for in section 101.85 of	172
the Revised Code or perform other committee duties under sections	173
101.82 to 101.87 of the Revised Code. Five members of the	174
committee shall constitute a quorum for the conduct of committee	175
business.	176

Sec. 101.85. (A) The sunset review committee, not later than	177
sixty days after its first meeting in ~~2001~~2009, shall schedule	178
for review each agency in existence on January 1, ~~2001~~2009. The	179
committee, by a unanimous vote, also may schedule for review any	180
state board or commission described in division (A)(9) of section	181
101.82 of the Revised Code that is in existence on that date, and	182
any board or commission so scheduled shall be considered an agency	183
for purposes of sections 101.82 to 101.87 of the Revised Code.	184

(B) The chairperson of the committee shall send a copy of the	185
schedule for review of agencies for ~~each~~ calendar year 2009 and	186
calendar year 2010 to each of the agencies scheduled for review	187
during that year and to the director of the legislative service	188
commission. The director shall publish a copy of the schedule in	189
the Ohio Administrative Code and in the register of Ohio created	190
under section 103.051 of the Revised Code. The commission shall	191
provide the committee with a list of agencies, and state boards	192
and commissions described in division (A)(9) of section 101.82 of	193
the Revised Code, in existence on January 1, ~~2001~~2009, to assist	194
the committee in identifying agencies and exercising its duties	195
under sections 101.82 to 101.87 of the Revised Code with respect	196
to those agencies.	197

Sec. 101.86. (A) Not later than ~~twelve~~six months prior to	198
the date on which an agency in existence on January 1, ~~2001~~2009,	199
is scheduled to expire under division (A) of section 101.83 of the	200
Revised Code, the sunset review committee shall hold hearings to	201
receive the testimony of the public and of the chief executive	202
officer of each agency scheduled for review and otherwise shall	203
consider and evaluate the usefulness, performance, and	204
effectiveness of the agency.	205

(B) Each agency that is scheduled for review shall submit to	206
the committee a report that contains all of the following	207
information:	208

(1) The agency's primary purpose and its various goals and	209
objectives;	210

(2) The agency's past and anticipated workload, the number of	211
staff required to complete that workload, and the agency's total	212
number of staff;	213

(3) The agency's past and anticipated budgets and its sources	214
of funding;	215

(4) The number of members of its governing board or other	216
governing entity and their compensation, if any.	217

(C) Each agency shall have the burden of demonstrating to the	218
committee a public need for its continued existence. In	219
determining whether an agency has demonstrated that need, the	220
committee shall consider all of the following:	221

(1) The extent to which the agency has permitted qualified	222
applicants to serve the public;	223

(2) The cost-effectiveness of the agency in terms of number	224
of employees, services rendered, and administrative costs	225
incurred, both past and present;	226

(3) The extent to which the agency has operated in the public	227
interest, and whether its operation has been impeded or enhanced	228
by existing statutes and procedures and by budgetary, resource,	229
and personnel practices;	230

(4) Whether the agency has recommended statutory changes to	231
the general assembly that would benefit the public as opposed to	232
the persons regulated by the agency, if any, and whether its	233
recommendations and other policies have been adopted and	234
implemented;	235

(5) Whether the agency has required any persons it regulates	236
to report to it the impact of agency rules and decisions on the	237
public as they affect service costs and service delivery;	238

(6) Whether persons regulated by the agency, if any, have	239
been required to assess problems in their business operations that	240
affect the public;	241

(7) Whether the agency has encouraged public participation in	242
its rule-making and decision-making;	243

(8) The efficiency with which formal public complaints filed	244
with the agency have been processed to completion;	245