As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 350

Senator Faber 

Cosponsors: Senators Seitz, Goodman, Mumper, Padgett, Buehrer 

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A BILL

To amend sections 123.01, 1505.07, 1531.06, and

1

3706.01, to enact sections 1501.50 and 3745.50,

2

and to repeal sections 5119.40, 5120.12, and

3

5123.23 of the Revised Code to grant the

4

Department of Natural Resources exclusive

5

authority to enter into leases for oil and gas

6

development on state land, to require the Director

7

of Environmental Protection and the Director of

8

Development to create a streamlined permitting

9

process for certain energy related facilities, to

10

expand the facilities that may be funded by the

11

Air Quality Development Authority to include

12

certain energy related facilities, and to create

13

the Energy Planning Task Force.

14

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

Section 1. That sections 123.01, 1505.07, 1531.06, and	15
3706.01 be amended and sections 1501.50 and 3745.50 of the Revised	16
Code be enacted to read as follows:	17

Sec. 123.01.  (A) The department of administrative services,	18
in addition to those powers enumerated in Chapters 124. and 125.	19
of the Revised Code and provided elsewhere by law, shall exercise	20
the following powers:	21

(1) To prepare, or contract to be prepared, by licensed	22
engineers or architects, surveys, general and detailed plans,	23
specifications, bills of materials, and estimates of cost for any	24
projects, improvements, or public buildings to be constructed by	25
state agencies that may be authorized by legislative	26
appropriations or any other funds made available therefor,	27
provided that the construction of the projects, improvements, or	28
public buildings is a statutory duty of the department. This	29
section does not require the independent employment of an	30
architect or engineer as provided by section 153.01 of the Revised	31
Code in the cases to which that section applies nor affect or	32
alter the existing powers of the director of transportation.	33

(2) To have general supervision over the construction of any	34
projects, improvements, or public buildings constructed for a	35
state agency and over the inspection of materials previous to	36
their incorporation into those projects, improvements, or	37
buildings;	38

(3) To make contracts for and supervise the construction of	39
any projects and improvements or the construction and repair of	40
buildings under the control of a state agency, except contracts	41
for the repair of buildings under the management and control of	42
the departments of public safety, job and family services, mental	43
health, mental retardation and developmental disabilities,	44
rehabilitation and correction, and youth services, the bureau of	45
workers' compensation, the rehabilitation services commission, and	46
boards of trustees of educational and benevolent institutions and	47
except contracts for the construction of projects that do not	48
require the issuance of a building permit or the issuance of a	49
certificate of occupancy and that are necessary to remediate	50
conditions at a hazardous waste facility, solid waste facility, or	51
other location at which the director of environmental protection	52
has reason to believe there is a substantial threat to public	53
health or safety or the environment. These contracts shall be made	54
and entered into by the directors of public safety, job and family	55
services, mental health, mental retardation and developmental	56
disabilities, rehabilitation and correction, and youth services,	57
the administrator of workers' compensation, the rehabilitation	58
services commission, the boards of trustees of such institutions,	59
and the director of environmental protection, respectively. All	60
such contracts may be in whole or in part on unit price basis of	61
maximum estimated cost, with payment computed and made upon actual	62
quantities or units.	63

(4) To prepare and suggest comprehensive plans for the	64
development of grounds and buildings under the control of a state	65
agency;	66

(5) To acquire, by purchase, gift, devise, lease, or grant,	67
all real estate required by a state agency, in the exercise of	68
which power the department may exercise the power of eminent	69
domain, in the manner provided by sections 163.01 to 163.22 of the	70
Revised Code;	71

(6) To make and provide all plans, specifications, and models	72
for the construction and perfection of all systems of sewerage,	73
drainage, and plumbing for the state in connection with buildings	74
and grounds under the control of a state agency;	75

(7) To erect, supervise, and maintain all public monuments	76
and memorials erected by the state, except where the supervision	77
and maintenance is otherwise provided by law;	78

(8) To procure, by lease, storage accommodations for a state	79
agency;	80

(9) To lease or grant easements or licenses for unproductive	81
and unused lands or other property under the control of a state	82
agency. Such leases, easements, or licenses shall be granted for a	83
period not to exceed fifteen years and shall be executed for the	84
state by the director of administrative services and the governor	85
and shall be approved as to form by the attorney general, provided	86
that leases, easements, or licenses may be granted to any county,	87
township, municipal corporation, port authority, water or sewer	88
district, school district, library district, health district, park	89
district, soil and water conservation district, conservancy	90
district, or other political subdivision or taxing district, or	91
any agency of the United States government, for the exclusive use	92
of that agency, political subdivision, or taxing district, without	93
any right of sublease or assignment, for a period not to exceed	94
fifteen years, and provided that the director shall grant leases,	95
easements, or licenses of university land for periods not to	96
exceed twenty-five years for purposes approved by the respective	97
university's board of trustees wherein the uses are compatible	98
with the uses and needs of the university and may grant leases of	99
university land for periods not to exceed forty years for purposes	100
approved by the respective university's board of trustees pursuant	101
to section 123.77 of the Revised Code.	102

(10) To lease office space in buildings for the use of a	103
state agency;	104

(11) To have general supervision and care of the storerooms,	105
offices, and buildings leased for the use of a state agency;	106

(12) To exercise general custodial care of all real property	107
of the state;	108

(13) To assign and group together state offices in any city	109
in the state and to establish, in cooperation with the state	110
agencies involved, rules governing space requirements for office	111
or storage use;	112

(14) To lease for a period not to exceed forty years,	113
pursuant to a contract providing for the construction thereof	114
under a lease-purchase plan, buildings, structures, and other	115
improvements for any public purpose, and, in conjunction	116
therewith, to grant leases, easements, or licenses for lands under	117
the control of a state agency for a period not to exceed forty	118
years. The lease-purchase plan shall provide that at the end of	119
the lease period, the buildings, structures, and related	120
improvements, together with the land on which they are situated,	121
shall become the property of the state without cost.	122

(a) Whenever any building, structure, or other improvement is	123
to be so leased by a state agency, the department shall retain	124
either basic plans, specifications, bills of materials, and	125
estimates of cost with sufficient detail to afford bidders all	126
needed information or, alternatively, all of the following plans,	127
details, bills of materials, and specifications:	128

(i) Full and accurate plans suitable for the use of mechanics	129
and other builders in the improvement;	130

(ii) Details to scale and full sized, so drawn and	131
represented as to be easily understood;	132

(iii) Accurate bills showing the exact quantity of different	133
kinds of material necessary to the construction;	134

(iv) Definite and complete specifications of the work to be	135
performed, together with such directions as will enable a	136
competent mechanic or other builder to carry them out and afford	137
bidders all needed information;	138

(v) A full and accurate estimate of each item of expense and	139
of the aggregate cost thereof.	140

(b) The department shall give public notice, in such	141
newspaper, in such form, and with such phraseology as the director	142
of administrative services prescribes, published once each week	143
for four consecutive weeks, of the time when and place where bids	144
will be received for entering into an agreement to lease to a	145
state agency a building, structure, or other improvement. The last	146
publication shall be at least eight days preceding the day for	147
opening the bids. The bids shall contain the terms upon which the	148
builder would propose to lease the building, structure, or other	149
improvement to the state agency. The form of the bid approved by	150
the department shall be used, and a bid is invalid and shall not	151
be considered unless that form is used without change, alteration,	152
or addition. Before submitting bids pursuant to this section, any	153
builder shall comply with Chapter 153. of the Revised Code.	154

(c) On the day and at the place named for receiving bids for	155
entering into lease agreements with a state agency, the director	156
of administrative services shall open the bids and shall publicly	157
proceed immediately to tabulate the bids upon duplicate sheets. No	158
lease agreement shall be entered into until the bureau of workers'	159
compensation has certified that the person to be awarded the lease	160
agreement has complied with Chapter 4123. of the Revised Code,	161
until, if the builder submitting the lowest and best bid is a	162
foreign corporation, the secretary of state has certified that the	163
corporation is authorized to do business in this state, until, if	164
the builder submitting the lowest and best bid is a person	165
nonresident of this state, the person has filed with the secretary	166
of state a power of attorney designating the secretary of state as	167
its agent for the purpose of accepting service of summons in any	168
action brought under Chapter 4123. of the Revised Code, and until	169
the agreement is submitted to the attorney general and the	170
attorney general's approval is certified thereon. Within thirty	171
days after the day on which the bids are received, the department	172
shall investigate the bids received and shall determine that the	173
bureau and the secretary of state have made the certifications	174
required by this section of the builder who has submitted the	175
lowest and best bid. Within ten days of the completion of the	176
investigation of the bids, the department shall award the lease	177
agreement to the builder who has submitted the lowest and best bid	178
and who has been certified by the bureau and secretary of state as	179
required by this section. If bidding for the lease agreement has	180
been conducted upon the basis of basic plans, specifications,	181
bills of materials, and estimates of costs, upon the award to the	182
builder the department, or the builder with the approval of the	183
department, shall appoint an architect or engineer licensed in	184
this state to prepare such further detailed plans, specifications,	185
and bills of materials as are required to construct the building,	186
structure, or improvement. The department shall adopt such rules	187
as are necessary to give effect to this section. The department	188
may reject any bid. Where there is reason to believe there is	189
collusion or combination among bidders, the bids of those	190
concerned therein shall be rejected.	191

(15) To acquire by purchase, gift, devise, or grant and to	192
transfer, lease, or otherwise dispose of all real property	193
required to assist in the development of a conversion facility as	194
defined in section 5709.30 of the Revised Code as that section	195
existed before its repeal by Amended Substitute House Bill 95 of	196
the 125th general assembly;	197

(16) To lease for a period not to exceed forty years,	198
notwithstanding any other division of this section, the	199
state-owned property located at 408-450 East Town Street,	200
Columbus, Ohio, formerly the state school for the deaf, to a	201
developer in accordance with this section. "Developer," as used in	202
this section, has the same meaning as in section 123.77 of the	203
Revised Code.	204

Such a lease shall be for the purpose of development of the	205
land for use by senior citizens by constructing, altering,	206
renovating, repairing, expanding, and improving the site as it	207
existed on June 25, 1982. A developer desiring to lease the land	208
shall prepare for submission to the department a plan for	209
development. Plans shall include provisions for roads, sewers,	210
water lines, waste disposal, water supply, and similar matters to	211
meet the requirements of state and local laws. The plans shall	212
also include provision for protection of the property by insurance	213
or otherwise, and plans for financing the development, and shall	214
set forth details of the developer's financial responsibility.	215

The department may employ, as employees or consultants,	216
persons needed to assist in reviewing the development plans. Those	217
persons may include attorneys, financial experts, engineers, and	218
other necessary experts. The department shall review the	219
development plans and may enter into a lease if it finds all of	220
the following:	221

(a) The best interests of the state will be promoted by	222
entering into a lease with the developer;	223

(b) The development plans are satisfactory;

224

(c) The developer has established the developer's financial	225
responsibility and satisfactory plans for financing the	226
development.	227

The lease shall contain a provision that construction or	228
renovation of the buildings, roads, structures, and other	229
necessary facilities shall begin within one year after the date of	230
the lease and shall proceed according to a schedule agreed to	231
between the department and the developer or the lease will be	232
terminated. The lease shall contain such conditions and	233
stipulations as the director considers necessary to preserve the	234
best interest of the state. Moneys received by the state pursuant	235
to this lease shall be paid into the general revenue fund. The	236
lease shall provide that at the end of the lease period the	237
buildings, structures, and related improvements shall become the	238
property of the state without cost.	239

(17) To lease to any person any tract of land owned by the	240
state and under the control of the department, or any part of such	241
a tract, for the purpose of drilling for or the pooling of oil or	242
gas. Such a lease shall be granted for a period not exceeding	243
forty years, with the full power to contract for, determine the	244
conditions governing, and specify the amount the state shall	245
receive for the purposes specified in the lease, and shall be	246
prepared as in other cases.	247

(18) To manage the use of space owned and controlled by the	248
department, including space in property under the jurisdiction of	249
the Ohio building authority, by doing all of the following:	250

(a) Biennially implementing, by state agency location, a	251
census of agency employees assigned space;	252

(b) Periodically in the discretion of the director of	253
administrative services:	254

(i) Requiring each state agency to categorize the use of	255
space allotted to the agency between office space, common areas,	256
storage space, and other uses, and to report its findings to the	257
department;	258

(ii) Creating and updating a master space utilization plan	259
for all space allotted to state agencies. The plan shall	260
incorporate space utilization metrics.	261

(iii) Conducting a cost-benefit analysis to determine the	262
effectiveness of state-owned buildings;	263

(iv) Assessing the alternatives associated with consolidating	264
the commercial leases for buildings located in Columbus.	265

(c) Commissioning a comprehensive space utilization and	266
capacity study in order to determine the feasibility of	267
consolidating existing commercially leased space used by state	268
agencies into a new state-owned facility.	269

(B) This section and section 125.02 of the Revised Code shall	270
not interfere with any of the following:	271

(1) The power of the adjutant general to purchase military	272
supplies, or with the custody of the adjutant general of property	273
leased, purchased, or constructed by the state and used for	274
military purposes, or with the functions of the adjutant general	275
as director of state armories;	276

(2) The power of the director of transportation in acquiring	277
rights-of-way for the state highway system, or the leasing of	278
lands for division or resident district offices, or the leasing of	279
lands or buildings required in the maintenance operations of the	280
department of transportation, or the purchase of real property for	281
garage sites or division or resident district offices, or in	282
preparing plans and specifications for and constructing such	283
buildings as the director may require in the administration of the	284
department;	285

(3) The power of the director of public safety and the	286
registrar of motor vehicles to purchase or lease real property and	287
buildings to be used solely as locations to which a deputy	288
registrar is assigned pursuant to division (B) of section 4507.011	289
of the Revised Code and from which the deputy registrar is to	290
conduct the deputy registrar's business, the power of the director	291
of public safety to purchase or lease real property and buildings	292
to be used as locations for division or district offices as	293
required in the maintenance of operations of the department of	294
public safety, and the power of the superintendent of the state	295
highway patrol in the purchase or leasing of real property and	296
buildings needed by the patrol, to negotiate the sale of real	297
property owned by the patrol, to rent or lease real property owned	298
or leased by the patrol, and to make or cause to be made repairs	299
to all property owned or under the control of the patrol;	300

(4) The power of the division of liquor control in the	301
leasing or purchasing of retail outlets and warehouse facilities	302
for the use of the division;	303

(5) The power of the director of development to enter into	304
leases of real property, buildings, and office space to be used	305
solely as locations for the state's foreign offices to carry out	306
the purposes of section 122.05 of the Revised Code;	307

(6) The power of the director of environmental protection to	308
enter into environmental covenants, to grant and accept easements,	309
or to sell property pursuant to division (G) of section 3745.01 of	310
the Revised Code.	311

(C) Purchases for, and the custody and repair of, buildings	312
under the management and control of the capitol square review and	313
advisory board, the rehabilitation services commission, the bureau	314
of workers' compensation, or the departments of public safety, job	315
and family services, mental health, mental retardation and	316
developmental disabilities, and rehabilitation and correction, and	317
buildings of educational and benevolent institutions under the	318
management and control of boards of trustees, are not subject to	319
the control and jurisdiction of the department of administrative	320
services.	321

(D) Any instrument by which real property is acquired	322
pursuant to this section shall identify the agency of the state	323
that has the use and benefit of the real property as specified in	324
section 5301.012 of the Revised Code.	325

Sec. 1501.50.  (A) As used in this section, "state agency"	326
means an organized body, office, or agency that is established by	327
the laws of the state for the exercise of any function of state	328
government.	329

(B)(1) The department of natural resources has exclusive	330
authority to lease lands that are owned by the state and	331
administered by a state agency for the purpose of the exploration	332
for, development of, and production of oil or natural gas. The	333
extraction of oil or natural gas pursuant to a lease entered into	334
under this section shall not unreasonably interfere with the	335
primary use of the state land.	336

(2) Notwithstanding division (B)(1) of this section, the	337
department shall not enter into any lease for the purpose of the	338
exploration for, development of, and production of oil or natural	339
gas from under the bed of Lake Erie unless such leases are	340
authorized by federal law.	341

(C) The director of natural resources shall adopt rules in	342
accordance with Chapter 119. of the Revised Code that establish	343
all of the following:	344

(1) Procedures for the submission and selection of	345
competitive bids to conduct drilling for the purpose of the	346
exploration for, development of, and production of oil or natural	347
gas under this section;	348

(2) Procedures and standards for establishing the terms and	349
conditions of leases entered into under this section;	350

(3) Requirements applicable to drilling conducted in	351
accordance with a lease entered into under this section that are	352
necessary to maintain the scenic, aesthetic, and environmental	353
quality of land on which drilling takes place;	354

(4) Any other procedures and requirements that the director	355
determines are necessary to implement this section.	356

(D) A lease entered into under this section shall be	357
conditioned on the lessee's satisfying all applicable state and	358
federal laws and regulations. The conditions shall include a	359
requirement that the lessee comply with Chapter 1509. of the	360
Revised Code and rules adopted under it.	361

(E) A lease that is entered into under this section may be	362
assigned by the lessee with the approval of the director.	363

Sec. 1505.07.  Subject to the limitation set forth in section	364
1505.08 of the Revised Code, the director of natural resources,	365
with the approval of the director of environmental protection, the	366
attorney general, and the governor, may issue permits and make	367
leases to parties making application for permission to take and	368
remove sand, gravel, stone, and other minerals or substances from	369
and under the bed of Lake Erie other than oil or gas, either upon	370
a royalty or rental basis, as hethe director of natural resources	371
determines to be best for the state. Permits shall be issued for	372
terms of not less than one year nor more than ten years, and	373
leases shall be for a term of years or until the economic	374
extraction of the mineral or other substance covered thereby has	375
been completed. Such taking and removal shall be within certain	376
fixed boundaries that do not conflict with the rights of littoral	377
owners. Upon request from the holder of a permit, it shall be	378
canceled, but in the case of any permit or lease, any equipment or	379
buildings owned by the permittee or lessee shall be held as	380
security by the director of natural resources for payment of all	381
rentals or royalties due the state at the time of cancellation.	382

No person shall remove sand, gravel, stone, or other minerals	383
or substances from and under the bed of Lake Erie without first	384
obtaining a permit or lease therefor from the director.	385

The director of natural resources may, in accordance with	386
Chapter 119. of the Revised Code, adopt, amend, and rescind rules	387
for the administration, implementation, and enforcement of this	388
section.	389

Sec. 1531.06.  (A) The chief of the division of wildlife,	390
with the approval of the director of natural resources, may	391
acquire by gift, lease, purchase, or otherwise lands or surface	392
rights upon lands and waters or surface rights upon waters for	393
wild animals, fish or game management, preservation, propagation,	394
and protection, outdoor and nature activities, public fishing and	395
hunting grounds, and flora and fauna preservation. The chief, with	396
the approval of the director, may receive by grant, devise,	397
bequest, donation, or assignment evidences of indebtedness, the	398
proceeds of which are to be used for the purchase of such lands or	399
surface rights upon lands and waters or surface rights upon	400
waters.	401

(B)(1) The chief shall adopt rules for the protection of	402
state-owned or leased lands and waters and property under the	403
control of the division of wildlife against wrongful use or	404
occupancy that will ensure the carrying out of the intent of this	405
section, protect those lands, waters, and property from	406
depredations, and preserve them from molestation, spoilation,	407
destruction, or any improper use or occupancy thereof, including	408
rules with respect to recreational activities and for the	409
government and use of such lands, waters, and property.	410

(2) The chief may adopt rules benefiting wild animals, fish	411
or game management, preservation, propagation, and protection,	412
outdoor and nature activities, public fishing and hunting grounds,	413
and flora and fauna preservation, and regulating the taking and	414
possession of wild animals on any lands or waters owned or leased	415
or under the division's supervision and control and, for a	416
specified period of years, may prohibit or recall the taking and	417
possession of any wild animal on any portion of such lands or	418
waters. The division clearly shall define and mark the boundaries	419
of the lands and waters owned or leased or under its supervision	420
and control upon which the taking of any wild animal is	421
prohibited.	422

(C) The chief, with the approval of the director, may acquire	423
by gift, lease, or purchase land for the purpose of establishing	424
state fish hatcheries and game farms and may erect on it buildings	425
or structures that are necessary.	426

The title to or lease of such lands and waters shall be taken	427
by the chief in the name of the state. The lease or purchase price	428
of all such lands and waters may be paid from hunting and trapping	429
and fishing licenses and any other funds.	430

(D) To provide more public recreation, stream and lake	431
agreements for public fishing only may be obtained under rules	432
adopted by the chief.	433

(E) The chief, with the approval of the director, may	434
establish user fees for the use of special public facilities or	435
participation in special activities on lands and waters	436
administered by the division. The special facilities and	437
activities may include hunting or fishing on special designated	438
public lands and waters intensively managed or stocked with	439
artificially propagated game birds or fish, field trial	440
facilities, wildlife nature centers, firearm ranges, boat mooring	441
facilities, camping sites, and other similar special facilities	442
and activities. The chief shall determine whether the user fees	443
are refundable and shall ensure that that information is provided	444
at the time the user fees are paid.	445

(F) The chief, with the approval of the director, may enter	446
into lease agreements for rental of concessions or other special	447
projects situated on state-owned or leased lands or waters or	448
other property under the division's control. The chief shall set	449
and collect the fees for concession rentals or other special	450
projects; regulate through contracts between the division and	451
concessionaires the sale of tangible objects at concessions or	452
other special projects; and keep a record of all such fee payments	453
showing the amount received, from whom received, and for what	454
purpose the fee was collected.	455

(G) The chief may sell or donate conservation-related items	456
or items that promote wildlife conservation, including, but not	457
limited to, stamps, pins, badges, books, bulletins, maps,	458
publications, calendars, and any other educational article or	459
artifact pertaining to wild animals; sell confiscated or forfeited	460
items; and sell surplus structures and equipment, and timber or	461
crops from lands owned, administered, leased, or controlled by the	462
division. The chief, with the approval of the director, also may	463
engage in campaigns and special events that promote wildlife	464
conservation by selling or donating wildlife-related materials,	465
memberships, and other items of promotional value.	466

(H) The chief may sell, lease, or transfer minerals or	467
mineral rights, with the approval of the director, when the chief	468
and the director determine it to be in the best interest of the	469
state. Upon approval of the director, the chief may make, execute,	470
and deliver contracts, including leases, to mine, drill, or	471
excavate iron ore, stone, coal, petroleum, gas, salt, and other	472
minerals, other than oil or gas, upon and under lands owned by the	473
state and administered by the division to any person who complies	474
with the terms of such a contract. No such contract shall be valid	475
for more than fifty years from its effective date. Consideration	476
for minerals and mineral rights shall be by rental or royalty	477
basis as prescribed by the chief and payable as prescribed by	478
contract. Moneys collected under this division shall be paid into	479
the state treasury to the credit of the wildlife habitat fund	480
created in section 1531.33 of the Revised Code. Contracts entered	481
into under this division also may provide for consideration for	482
minerals or mineral rights in the form of acquisition of lands as	483
provided under divisions (A) and (C) of this section.	484

(I) All moneys received under divisions (E), (F), and (G) of	485
this section shall be paid into the state treasury to the credit	486
of a fund that shall be used for the purposes outlined in section	487
1533.15 of the Revised Code and for the management of other wild	488
animals for their ecological and nonconsumptive recreational value	489
or benefit.	490

(J) The chief, with the approval of the director, may barter	491
or sell wild animals to other states, state or federal agencies,	492
and conservation or zoological organizations. Moneys received from	493
the sale of wild animals shall be deposited into the wild animal	494
fund created in section 1531.34 of the Revised Code.	495

(K) The chief shall adopt rules establishing standards and	496
guidelines for the administration of contraceptive chemicals to	497
noncaptive wild animals. The rules may specify chemical delivery	498
methods and devices and monitoring requirements.	499

The chief shall establish criteria for the issuance of and	500
shall issue permits for the administration of contraceptive	501
chemicals to noncaptive wild animals. No person shall administer	502
contraceptive chemicals to noncaptive wild animals without a	503
permit issued by the chief.	504

(L) All fees set by the chief under this section shall be	505
approved by the wildlife council.	506

(M) Information contained in the wildlife diversity database	507
that is established pursuant to division (B)(2) of this section	508
and section 1531.25 of the Revised Code may be made available to	509
any individual or public or private agency for research,	510
educational, environmental, land management, or other similar	511
purposes that are not detrimental to the conservation of a species	512
or feature. Information regarding sensitive site locations of	513
species that are listed pursuant to section 1531.25 of the Revised	514
Code and of features that are included in the wildlife diversity	515
database is not subject to section 149.43 of the Revised Code if	516
the chief determines that the release of the information could be	517
detrimental to the conservation of a species or feature.	518

Sec. 3706.01.  As used in this chapter:

519

(A) "Governmental agency" means a department, division, or	520
other unit of state government, a municipal corporation, county,	521
township, and other political subdivision, or any other public	522
corporation or agency having the power to acquire, construct, or	523
operate air quality facilities, the United States or any agency	524
thereof, and any agency, commission, or authority established	525
pursuant to an interstate compact or agreement.	526

(B) "Person" means any individual, firm, partnership,	527
association, or corporation, or any combination thereof.	528

(C) "Air contaminant" means particulate matter, dust, fumes,	529
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	530
odorous substance, or any combination thereof.	531

(D) "Air pollution" means the presence in the ambient air of	532
one or more air contaminants in sufficient quantity and of such	533
characteristics and duration as to injure human health or welfare,	534
plant or animal life, or property, or that unreasonably interferes	535
with the comfortable enjoyment of life or property.	536

(E) "Ambient air" means that portion of the atmosphere	537
outside of buildings and other enclosures, stacks, or ducts that	538
surrounds human, plant, or animal life, or property.	539

(F) "Emission" means the release into the outdoor atmosphere	540
of an air contaminant.	541

(G) "Air quality facility" means any of the following:

542

(1) Any method, modification or replacement of property,	543
process, device, structure, or equipment that removes, reduces,	544
prevents, contains, alters, conveys, stores, disperses, or	545
disposes of air contaminants or substances containing air	546
contaminants, or that renders less noxious or reduces the	547
concentration of air contaminants in the ambient air, including,	548
without limitation, facilities and expenditures that qualify as	549
air pollution control facilities under section 103 (C)(4)(F) of	550
the Internal Revenue Code of 1954, as amended, and regulations	551
adopted thereunder;	552

(2) Motor vehicle inspection stations operated in accordance	553
with, and any equipment used for motor vehicle inspections	554
conducted under, section 3704.14 of the Revised Code and rules	555
adopted under it;	556

(3) Ethanol or other biofuel facilities, including any	557
equipment used at the ethanol or other biofuel facility for the	558
production of ethanol or other biofuels;	559

(4) Any property or portion thereof used for the collection,	560
storage, treatment, utilization, processing, or final disposal of	561
a by-product or solid waste resulting from any method, process,	562
device, structure, or equipment that removes, reduces, prevents,	563
contains, alters, conveys, stores, disperses, or disposes of air	564
contaminants, or that renders less noxious or reduces the	565
concentration of air contaminants in the ambient air;	566

(5) Any property, device, or equipment that promotes the	567
reduction of emissions of air contaminants into the ambient air	568
through improvements in the efficiency of energy utilization or	569
energy conservation;	570

(6) Any coal research and development project conducted under	571
Chapter 1555. of the Revised Code;	572

(7) As determined by the director of the Ohio coal	573
development office, any property or portion thereof that is used	574
for the collection, storage, treatment, utilization, processing,	575
or final disposal of a by-product resulting from a coal research	576
and development project as defined in section 1555.01 of the	577
Revised Code or from the use of clean coal technology, excluding	578
any property or portion thereof that is used primarily for other	579
subsequent commercial purposes;	580

(8) Any property or portion thereof that is part of the	581
FutureGen project of the United States department of energy or	582
related to the siting of the FutureGen project;	583

(9) Facilities or projects, in addition to those described in	584
divisions (G)(3) and (6) of this section, that will assist this	585
state in achieving energy independence through the utilization of	586
this state's resources such as facilities or projects for the	587
development of solar, wind, natural gas, oil, and other energy	588
resources.	589

"Air quality facility" further includes any property or	590
system to be used in whole or in part for any of the purposes in	591
divisions (G)(1) to (8)(9) of this section, whether another	592
purpose is also served, and any property or system incidental to	593
or that has to do with, or the end purpose of which is, any of the	594
foregoing. Air quality facilities that are defined in this	595
division for industry, commerce, distribution, or research,	596
including public utility companies, are hereby determined to be	597
those that qualify as facilities for the control of air pollution	598
and thermal pollution related to air under Section 13 of Article	599
VIII, Ohio Constitution.	600

(H) "Project" or "air quality project" means any air quality	601
facility, including undivided or other interests therein, acquired	602
or to be acquired or constructed or to be constructed by the Ohio	603
air quality development authority under this chapter, or acquired	604
or to be acquired or constructed or to be constructed by a	605
governmental agency or person with all or a part of the cost	606
thereof being paid from a loan or grant from the authority under	607
this chapter or otherwise paid from the proceeds of air quality	608
revenue bonds, including all buildings and facilities that the	609
authority determines necessary for the operation of the project,	610
together with all property, rights, easements, and interests that	611
may be required for the operation of the project.	612

(I) "Cost" as applied to an air quality project means the	613
cost of acquisition and construction, the cost of acquisition of	614
all land, rights-of-way, property rights, easements, franchise	615
rights, and interests required for such acquisition and	616
construction, the cost of demolishing or removing any buildings or	617
structures on land so acquired, including the cost of acquiring	618
any lands to which such buildings or structures may be moved, the	619
cost of acquiring or constructing and equipping a principal office	620
and sub-offices of the authority, the cost of diverting highways,	621
interchange of highways, and access roads to private property,	622
including the cost of land or easements for such access roads, the	623
cost of public utility and common carrier relocation or	624
duplication, the cost of all machinery, furnishings, and	625
equipment, financing charges, interest prior to and during	626
construction and for no more than eighteen months after completion	627
of construction, engineering, expenses of research and development	628
with respect to air quality facilities, the cost of any commodity	629
contract, including fees and expenses related thereto, legal	630
expenses, plans, specifications, surveys, studies, estimates of	631
cost and revenues, working capital, other expenses necessary or	632
incident to determining the feasibility or practicability of	633
acquiring or constructing such project, administrative expense,	634
and such other expense as may be necessary or incident to the	635
acquisition or construction of the project, the financing of such	636
acquisition or construction, including the amount authorized in	637
the resolution of the authority providing for the issuance of air	638
quality revenue bonds to be paid into any special funds from the	639
proceeds of such bonds, and the financing of the placing of such	640
project in operation. Any obligation, cost, or expense incurred by	641
any governmental agency or person for surveys, borings,	642
preparation of plans and specifications, and other engineering	643
services, or any other cost described above, in connection with	644
the acquisition or construction of a project may be regarded as a	645
part of the cost of that project and may be reimbursed out of the	646
proceeds of air quality revenue bonds as authorized by this	647
chapter.	648

(J) "Owner" includes an individual, copartnership,	649
association, or corporation having any title or interest in any	650
property, rights, easements, or interests authorized to be	651
acquired by this chapter.	652

(K) "Revenues" means all rentals and other charges received	653
by the authority for the use or services of any air quality	654
project, any gift or grant received with respect to any air	655
quality project, any moneys received with respect to the lease,	656
sublease, sale, including installment sale or conditional sale, or	657
other disposition of an air quality project, moneys received in	658
repayment of and for interest on any loans made by the authority	659
to a person or governmental agency, whether from the United States	660
or any department, administration, or agency thereof, or	661
otherwise, proceeds of such bonds to the extent that use thereof	662
for payment of principal of, premium, if any, or interest on the	663
bonds is authorized by the authority, amounts received or	664
otherwise derived from a commodity contract or from the sale of	665
the related commodity under such a contract, proceeds from any	666
insurance, condemnation, or guaranty pertaining to a project or	667
property mortgaged to secure bonds or pertaining to the financing	668
of the project, and income and profit from the investment of the	669
proceeds of air quality revenue bonds or of any revenues.	670

(L) "Public roads" includes all public highways, roads, and	671
streets in the state, whether maintained by the state, county,	672
city, township, or other political subdivision.	673

(M) "Public utility facilities" includes tracks, pipes,	674
mains, conduits, cables, wires, towers, poles, and other equipment	675
and appliances of any public utility.	676

(N) "Construction," unless the context indicates a different	677
meaning or intent, includes reconstruction, enlargement,	678
improvement, or providing furnishings or equipment.	679

(O) "Air quality revenue bonds," unless the context indicates	680
a different meaning or intent, includes air quality revenue notes,	681
air quality revenue renewal notes, and air quality revenue	682
refunding bonds, except that notes issued in anticipation of the	683
issuance of bonds shall have a maximum maturity of five years as	684
provided in section 3706.05 of the Revised Code and notes or	685
renewal notes issued as the definitive obligation may be issued	686
maturing at such time or times with a maximum maturity of forty	687
years from the date of issuance of the original note.	688

(P) "Solid waste" means any garbage; refuse; sludge from a	689
waste water treatment plant, water supply treatment plant, or air	690
pollution control facility; and other discarded material,	691
including solid, liquid, semisolid, or contained gaseous material	692
resulting from industrial, commercial, mining, and agricultural	693
operations, and from community activities, but not including solid	694
or dissolved material in domestic sewage, or solid or dissolved	695
material in irrigation return flows or industrial discharges that	696
are point sources subject to permits under section 402 of the	697
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	698
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	699
byproduct material as defined by the "Atomic Energy Act of 1954,"	700
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	701

(Q) "Sludge" means any solid, semisolid, or liquid waste,	702
other than a recyclable by-product, generated from a municipal,	703
commercial, or industrial waste water treatment plant, water	704
supply plant, or air pollution control facility or any other such	705
wastes having similar characteristics and effects.	706

(R) "Ethanol or other biofuel facility" means a plant at	707
which ethanol or other biofuel is produced.	708

(S) "Ethanol" means fermentation ethyl alcohol derived from	709
agricultural products, including potatoes, cereal, grains, cheese	710
whey, and sugar beets; forest products; or other renewable or	711
biomass resources, including residue and waste generated from the	712
production, processing, and marketing of agricultural products,	713
forest products, and other renewable or biomass resources, that	714
meets all of the specifications in the American society for	715
testing and materials (ASTM) specification D 4806-88 and is	716
denatured as specified in Parts 20 and 21 of Title 27 of the Code	717
of Federal Regulations.	718

(T) "Biofuel" means any fuel that is made from cellulosic	719
biomass resources, including renewable organic matter, crop waste	720
residue, wood, aquatic plants and other crops, animal waste, solid	721
waste, or sludge, and that is used for the production of energy	722
for transportation or other purposes.	723

(U) "FutureGen project" means the buildings, equipment, and	724
real property and functionally related buildings, equipment, and	725
real property, including related research projects that support	726
the development and operation of the buildings, equipment, and	727
real property, designated by the United States department of	728
energy and the FutureGen industrial alliance, inc., as the	729
coal-fueled, zero-emissions power plant designed to prove the	730
technical and economic feasibility of producing electricity and	731
hydrogen from coal and nearly eliminating carbon dioxide emissions	732
through capture and permanent storage.	733

(V) "Commodity contract" means a contract or series of	734
contracts entered into in connection with the acquisition or	735
construction of air quality facilities for the purchase or sale of	736
a commodity that is eligible for prepayment with the proceeds of	737
federally tax exempt bonds under sections 103, 141, and 148 of the	738
Internal Revenue Code of 1986, as amended, and regulations adopted	739
under it.	740

Sec. 3745.50.  For the purpose of promoting the expansion of	741
oil and gas production in this state, the development and	742
production of other energy resources in this state, and the	743
protection of the environment, the director of environmental	744
protection together with the director of development shall	745
establish procedures and policies for the purpose of streamlining	746
the permitting process for permits issued by the environmental	747
protection agency that are related to the siting or expansion of	748
oil and gas refineries, coal gasification facilities, and other	749
energy resource related facilities.	750

Section 2.  That existing sections 123.01, 1505.07, 1531.06,	751
and 3706.01 and sections 5119.40, 5120.12, and 5123.23 of the	752
Revised Code are hereby repealed.	753

Section 3. (A) There is hereby created the Energy Planning	754
Task Force consisting of the following members:	755

(1) The Director of Natural Resources or the Director's	756
designee;	757

(2) The Director of Environmental Protection or the	758
Director's designee;	759

(3) The Director of Development or the Director's designee;

760

(4) Two members of the Senate appointed by the President of	761
the Senate, one of whom shall be from the majority party and one	762
of whom shall be from the minority party;	763

(5) Two members of the House of Representatives appointed by	764
the Speaker of the House of Representatives, one of whom shall be	765
from the majority party and one of whom shall be from the minority	766
party;	767

(6) The following members appointed jointly by the President	768
of the Senate and the Speaker of the House of Representatives:	769

(a) A representative of Ohio's business community who	770
represents businesses with fewer than fifty employees;	771

(b) A representative of Ohio's business community who	772
represents businesses with fifty or more employees;	773

(c) A representative of large commercial energy users;

774

(d) A representative of a statewide environmental advocacy	775
organization;	776

(e) A person with knowledge and expertise in the area of	777
alternative energy;	778

(f) A person with knowledge and expertise in the area of coal	779
gasification.	780

(B) All appointments shall be made to the Task Force not	781
later than thirty days after the effective date of this section.	782
At the first meeting of the Task Force, the members shall select a	783
chairperson and a vice-chairperson. Thereafter, the Task Force	784
shall meet on a regular basis as determined by the chairperson.	785
Vacancies on the Task Force shall be filled in the manner provided	786
for original appointments. Members of the Task Force shall receive	787
no compensation for serving on the Task Force. The Department of	788
Natural Resources shall provide technical support to the Task	789
Force.	790

(C) The Task Force shall develop a state energy plan with the	791
goal of maximizing access to and utilization of Ohio's energy	792
resources for the purpose of facilitating Ohio's energy	793
independence.	794

(D) The Task Force shall present its state energy plan to the	795
Governor and the General Assembly not later than eighteen months	796
after the effective date of this section. Upon submission of the	797
plan, the Task Force shall cease to exist.	798