S. B. No. 24 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

S. B. No. 24

Senator Carey

Cosponsors: Senators Niehaus, Grendell, Spada, Harris, Padgett, Mumper, Buehrer, Schaffer, Clancy

A BILL

To amend sections 122.086, 122.087, 122.089, 1
122.0810, 122.0812, 122.0814, 122.0817, and 2
122.0819 of the Revised Code to require the 3
Director of Development to adopt rules regarding 4
the annual competitive process for the Job Ready 5
Site Program. 6

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

       Section 1. That sections 122.086, 122.087, 122.089, 122.0810, 7
122.0812, 122.0814, 122.0817, and 122.0819 of the Revised Code be 8
amended to read as follows: 9

       Sec. 122.086. (A) There is hereby created the job ready site 10
program to provide grants to pay for allowable costs of eligible 11
applicants for eligible projects. The program shall be 12
administered by the department of development ~~pursuant to~~ 13
~~guidelines established for it by the director of development~~. All 14
grants shall be awarded through one of the following two 15
processes: 16

       ~~(A)~~(1) The annual competitive process under sections 122.087 17
to 122.0811 ~~and~~, 122.0814, and 122.0815 of the Revised Code; 18

       ~~(B)~~(2) The discretionary process under sections 122.0812, 19
~~122.0813, and 122.0814~~to 122.0815 of the Revised Code. 20

       (B) The annual competitive process shall be administered by 21
the department of development pursuant to rules adopted by the 22
director of development under Chapter 119. of the Revised Code. 23
The rules shall not establish criteria for the receipt of grants 24
that have the effect of excluding applications for grants from any 25
county of the state. 26

       (C) The discretionary process shall be administered by the 27
department of development pursuant to guidelines established by 28
the director of development. 29

       Sec. 122.087. The director of development shall establish an 30
annual competitive process for making grants described in section 31
122.086 of the Revised Code in accordance with rules adopted under 32
that section. ~~At least two-thirds~~Two-thirds of the amounts that 33
may be distributed as grants each year under the job ready site 34
program shall be distributed under the annual competitive process. 35

       Sec. 122.089. An eligible applicant shall provide all of the 36
following on the annual competitive process application: 37

       (A) Contact information for the eligible applicant; 38

       (B) A legal description of the property for which the grant 39
is requested; 40

       (C) A summary of the proposed eligible project that includes 41
all of the following: 42

       (1) A general description of the eligible project, including 43
individuals, organizations, or other entities that will play a 44
critical role in the implementation of the project; 45

       (2) An explanation of the need for the eligible project, and 46
the predicted economic impact; 47

       (3) An explanation of the need for a grant from the job ready 48
site program; 49

       (4) The commitments required pursuant to division (A)(3) of 50
section 122.0815 of the Revised Code. 51

       (D) A detailed summary of costs for the eligible project, 52
including supporting documents for cost estimates; 53

       (E) Sources of funding for the eligible project, including 54
documentation verifying the status of those funds; 55

       (F) Summary results of preliminary engineering studies and 56
environmental reviews, if any have been conducted; 57

       (G) A comprehensive marketing plan detailing how the eligible 58
project will be marketed upon completion, if appropriate; 59

       (H) Copies of resolutions or ordinances related to the 60
eligible project, including resolutions or ordinances adopted by 61
the political subdivision with jurisdiction over the geographic 62
area in which the eligible project is located; 63

       (I) Any other information the director of development 64
requests on the application form. 65

       Sec. 122.0810. (A) Each application for a grant pursuant to 66
the annual competitive process received by a district public works 67
integrating committee shall be evaluated by the executive 68
committee of the district committee. In conducting the evaluation, 69
the executive committee shall determine whether the application 70
for the proposed eligible project is complete and whether the 71
project meets the requirements of section 122.0815 of the Revised 72
Code. If the application is complete and the eligible project 73
meets the requirements of section 122.0815 of the Revised Code, 74
the executive committee shall prioritize the eligible project 75
pursuant to section 122.0816 of the Revised Code and pursuant to 76
local priorities, as those priorities are determined by the 77
executive committee, with all other eligible projects with 78
complete applications that meet the requirements of section 79
122.0815 of the Revised Code. If the application is incomplete or 80
the project does not meet the requirements of section 122.0815 of 81
the Revised Code, the executive committee shall notify the 82
applicant of the deficiencies and the period of time the applicant 83
has to correct the deficiencies and submit the corrections to the 84
executive committee. Failure to correct deficiencies within the 85
time designated by the executive committee shall disqualify the 86
project from consideration for a grant during the annual 87
competitive process for that year. 88

       The executive committee, by the affirmative vote of a 89
majority of all its members, shall select up to three eligible 90
projects from the projects it has prioritized each year pursuant 91
to the annual competitive process. The executive committee shall 92
forward the applications and any accompanying information for each 93
of the selected eligible projects to the department of development 94
in the time and manner required by the ~~guidelines~~rules governing 95
the annual competitive process for the job ready site program. 96

       (B) For a district public works integrating committee that 97
does not have an executive committee, the full committee shall 98
perform the functions assigned to the executive committee under 99
section 122.0816 of the Revised Code and division (A) of this 100
section. 101

       (C) An executive committee, or a district committee that does 102
not have an executive committee, may appoint a working group of 103
committee members and staff to perform the functions of those 104
committees as provided in this section. 105

       Sec. 122.0812. The director of development shall establish a 106
discretionary process that permits the director to make grants 107
described in section 122.086 of the Revised Code in situations 108
that include those in which the timing of a proposed eligible 109
project is such that the annual competitive process is not 110
suitable. The director, as part of the guidelines established for 111
the discretionary process for the job ready site program, shall 112
establish all the procedures and requirements governing 113
application for the discretionary grants. 114

       Sec. 122.0814. If the controlling board approves a grant for 115
an eligible project pursuant to the annual competitive process or 116
the discretionary process, the director of development shall enter 117
into an agreement with the eligible applicant to provide the grant 118
for the project. The agreement shall be executed prior to the 119
payment or disbursement of any funds under the grant and shall 120
contain the following provisions: 121

       (A) A designation of a single officer or employee of the 122
eligible applicant who will serve as the manager of the eligible 123
project; 124

       (B) A detailed description of the scope of the work required 125
under the eligible project, including anticipated sources and uses 126
of funds; 127

       (C) A designation of the percentage of the estimated total 128
cost of the project for which the grant will provide funding, 129
which shall not exceed seventy-five per cent of the cost; 130

       (D) Provisions for the recovery by the department of 131
development of grant funds for failure to meet the terms of the 132
agreement; 133

       (E) A requirement that annual reports be made by the eligible 134
applicant on the progress of the eligible project and any other 135
information about the status of the project as required by the 136
guidelines and rules established for the job ready site program; 137

       (F) Any other provisions the director determines necessary. 138

       Sec. 122.0817. In accordance with the guidelines established 139
to govern the discretionary process and the rules adopted to 140
govern the annual competitive process for the job ready site 141
program, the director of development shall publish an annual 142
report that includes the following: 143

       (A) Details on each grant awarded pursuant to the program; 144

       (B) The status of projects funded in previous years; 145

       (C) The amount of grants awarded for projects in economically 146
distressed areas and, to the extent possible, the impact of those 147
grants in those areas. 148

       Sec. 122.0819. The ~~guidelines established~~rules adopted to 149
govern the annual competitive process for the job ready site 150
program may provide for recovery of the costs, or a portion 151
thereof, incurred by district public works integrating committees 152
and executive committees in conducting their duties under the 153
program. 154

       Section 2. That existing sections 122.086, 122.087, 122.089, 155
122.0810, 122.0812, 122.0814, 122.0817, and 122.0819 of the 156
Revised Code are hereby repealed. 157

Section 1. That sections 122.086, 122.087, 122.089, 122.0810,	7
122.0812, 122.0814, 122.0817, and 122.0819 of the Revised Code be	8
amended to read as follows:	9

Sec. 122.086. (A) There is hereby created the job ready site	10
program to provide grants to pay for allowable costs of eligible	11
applicants for eligible projects. The program shall be	12
administered by the department of development ~~pursuant to~~	13
~~guidelines established for it by the director of development~~. All	14
grants shall be awarded through one of the following two	15
processes:	16

~~(A)~~(1) The annual competitive process under sections 122.087	17
to 122.0811 ~~and~~, 122.0814, and 122.0815 of the Revised Code;	18

~~(B)~~(2) The discretionary process under sections 122.0812,	19
~~122.0813, and 122.0814~~to 122.0815 of the Revised Code.	20

(B) The annual competitive process shall be administered by	21
the department of development pursuant to rules adopted by the	22
director of development under Chapter 119. of the Revised Code.	23
The rules shall not establish criteria for the receipt of grants	24
that have the effect of excluding applications for grants from any	25
county of the state.	26

(C) The discretionary process shall be administered by the	27
department of development pursuant to guidelines established by	28
the director of development.	29

Sec. 122.087. The director of development shall establish an	30
annual competitive process for making grants described in section	31
122.086 of the Revised Code in accordance with rules adopted under	32
that section. ~~At least two-thirds~~Two-thirds of the amounts that	33
may be distributed as grants each year under the job ready site	34
program shall be distributed under the annual competitive process.	35

Sec. 122.089. An eligible applicant shall provide all of the	36
following on the annual competitive process application:	37

(B) A legal description of the property for which the grant	39
is requested;	40

(C) A summary of the proposed eligible project that includes	41
all of the following:	42

(1) A general description of the eligible project, including	43
individuals, organizations, or other entities that will play a	44
critical role in the implementation of the project;	45

(2) An explanation of the need for the eligible project, and	46
the predicted economic impact;	47

(3) An explanation of the need for a grant from the job ready	48
site program;	49

(4) The commitments required pursuant to division (A)(3) of	50
section 122.0815 of the Revised Code.	51

(D) A detailed summary of costs for the eligible project,	52
including supporting documents for cost estimates;	53

(E) Sources of funding for the eligible project, including	54
documentation verifying the status of those funds;	55

(F) Summary results of preliminary engineering studies and	56
environmental reviews, if any have been conducted;	57

(G) A comprehensive marketing plan detailing how the eligible	58
project will be marketed upon completion, if appropriate;	59

(H) Copies of resolutions or ordinances related to the	60
eligible project, including resolutions or ordinances adopted by	61
the political subdivision with jurisdiction over the geographic	62
area in which the eligible project is located;	63

(I) Any other information the director of development	64
requests on the application form.	65

Sec. 122.0810. (A) Each application for a grant pursuant to	66
the annual competitive process received by a district public works	67
integrating committee shall be evaluated by the executive	68
committee of the district committee. In conducting the evaluation,	69
the executive committee shall determine whether the application	70
for the proposed eligible project is complete and whether the	71
project meets the requirements of section 122.0815 of the Revised	72
Code. If the application is complete and the eligible project	73
meets the requirements of section 122.0815 of the Revised Code,	74
the executive committee shall prioritize the eligible project	75
pursuant to section 122.0816 of the Revised Code and pursuant to	76
local priorities, as those priorities are determined by the	77
executive committee, with all other eligible projects with	78
complete applications that meet the requirements of section	79
122.0815 of the Revised Code. If the application is incomplete or	80
the project does not meet the requirements of section 122.0815 of	81
the Revised Code, the executive committee shall notify the	82
applicant of the deficiencies and the period of time the applicant	83
has to correct the deficiencies and submit the corrections to the	84
executive committee. Failure to correct deficiencies within the	85
time designated by the executive committee shall disqualify the	86
project from consideration for a grant during the annual	87
competitive process for that year.	88

The executive committee, by the affirmative vote of a	89
majority of all its members, shall select up to three eligible	90
projects from the projects it has prioritized each year pursuant	91
to the annual competitive process. The executive committee shall	92
forward the applications and any accompanying information for each	93
of the selected eligible projects to the department of development	94
in the time and manner required by the ~~guidelines~~rules governing	95
the annual competitive process for the job ready site program.	96

(B) For a district public works integrating committee that	97
does not have an executive committee, the full committee shall	98
perform the functions assigned to the executive committee under	99
section 122.0816 of the Revised Code and division (A) of this	100
section.	101

(C) An executive committee, or a district committee that does	102
not have an executive committee, may appoint a working group of	103
committee members and staff to perform the functions of those	104
committees as provided in this section.	105

Sec. 122.0812. The director of development shall establish a	106
discretionary process that permits the director to make grants	107
described in section 122.086 of the Revised Code in situations	108
that include those in which the timing of a proposed eligible	109
project is such that the annual competitive process is not	110
suitable. The director, as part of the guidelines established for	111
the discretionary process for the job ready site program, shall	112
establish all the procedures and requirements governing	113
application for the discretionary grants.	114

Sec. 122.0814. If the controlling board approves a grant for	115
an eligible project pursuant to the annual competitive process or	116
the discretionary process, the director of development shall enter	117
into an agreement with the eligible applicant to provide the grant	118
for the project. The agreement shall be executed prior to the	119
payment or disbursement of any funds under the grant and shall	120
contain the following provisions:	121

(A) A designation of a single officer or employee of the	122
eligible applicant who will serve as the manager of the eligible	123
project;	124

(B) A detailed description of the scope of the work required	125
under the eligible project, including anticipated sources and uses	126
of funds;	127

(C) A designation of the percentage of the estimated total	128
cost of the project for which the grant will provide funding,	129
which shall not exceed seventy-five per cent of the cost;	130

(D) Provisions for the recovery by the department of	131
development of grant funds for failure to meet the terms of the	132
agreement;	133