As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 230

Representatives Moran, Zehringer 

Cosponsors: Representatives Blair, Book, DeGeeter, Domenick, Gardner, Garland, Goyal, Murray, Sayre, Slesnick, Stewart, Williams, B. 

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A BILL

To amend sections 103.051, 103.0511, 121.24, 122.08,

1

122.081, and 127.18 and to enact sections 121.81,

2

121.811, 121.812, 121.813, 121.814, 121.815,

3

121.82, 122.084, and 3745.016 of the Revised Code

4

to enact the Common Sense Regulation Act to

5

improve state agency regulatory processes,

6

especially as they relate to small businesses, to

7

require state departments to develop customer

8

service training programs, and to require the

9

director of environmental protection to provide

10

environmental regulatory compliance assistance to

11

small businesses.

12

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

Section 1. That sections 103.051, 103.0511, 121.24, 122.08,	13
122.081, and 127.18 be amended and that sections 121.81, 121.811,	14
121.812, 121.813, 121.814, 121.815, 121.82, 122.084, and	15
3745.016 of the Revised Code be enacted to read as follows:	16

Sec. 103.051.  The "Register of Ohio" is an electronic	17
publication that functions as a gazette to which members of the	18
public may readily resort for notice of and information about	19
rule-making processes. The director of the legislative service	20
commission shall publish the register. The register is to include	21
all rule-making documents that are required by statute to be	22
published in the register and a link to the centralized electronic	23
system for regulatory notification. The director shall display	24
the register free of charge on the internet, and shall ensure	25
that printed copies of all or part of a document published in the	26
register can be easily produced by users of the internet.	27

The director, taking into consideration the public notice and	28
information functions performed by the register, shall update the	29
register at reasonable intervals, but not less often than weekly.	30
The director shall establish a reasonable deadline before each	31
updating. A document received by the director on or before a	32
deadline is to be published in the register upon the register's	33
next updating. The director shall purge a document from the	34
register when its display no longer serves the public notice and	35
information functions performed by the register.	36

The director upon request of any person shall provide the	37
person with a printed copy of all or part of a document published	38
in the register. The director may charge and collect a fee for	39
this service. Any such fee is not to exceed the actual cost of	40
printing and delivering the printed copy to the person requesting	41
it. The director shall deposit the fees into the state treasury to	42
the credit of the register of Ohio fund.	43

Sec. 103.0511.  The director of the legislative service	44
commission shall establish and maintain, and enhance and improve,	45
an electronic rule-filing system connecting:	46

(A) The legislative service commission, the joint committee	47
on agency rule review, the secretary of state, and the office of	48
entrepreneurship and small business division;	49

(B) The governor, the senate and house of representatives,	50
and the clerks of the senate and house of representatives;	51

(C) Each agency that files rules and other rule-making and	52
rule-related documents with the legislative service commission,	53
the joint committee on agency rule review, the governor, the	54
secretary of state, the office ofentrepreneurship and small	55
business division, the general assembly, or a committee of the	56
senate or house of representatives under section 111.15, 117.20,	57
119.03, 119.031, 119.032, 119.0311, 119.04, 121.24, 121.39,	58
127.18, 4141.14, 5117.02, or 5703.14 of the Revised Code or any	59
other statute;	60

(D) The several publishers of the Administrative Code; and

61

(E) Any other person or governmental officer or entity whose	62
inclusion in the system is required for the system to be a	63
complete electronic rule-filing system.	64

The electronic rule-filing system is to enable rules and	65
rule-making and rule-related documents to be filed, and official	66
responses to these filings to be made, exclusively by electronic	67
means.	68

Sec. 121.24.  (A) As used in this section:

69

(1) "Agency" means any agency as defined in division (A)(2)	70
of section 111.15 or division (A) of section 119.01 of the Revised	71
Code.	72

(2) "Employee" means a person who is employed by a small	73
business or small organization for at least one thousand eight	74
hundred hours per year.	75

(3) A rule is "filed in final form" when it is filed with the	76
secretary of state, the director of the legislative service	77
commission, and the joint committee on agency rule review under	78
division (B)(1) of section 111.15, division (A)(1) of section	79
119.04, division (B)(1) of section 4141.14, or division (A) of	80
section 5703.14 of the Revised Code.	81

(4) "History trail" means the supplementary information	82
required to be provided on each copy of a proposed rule, which	83
information is not part of the text of the rule, and sets forth	84
the statute prescribing the procedure in accordance with which the	85
proposed rule is required to be adopted, the statute that	86
authorizes the agency to adopt the proposed rule, the statute that	87
the agency intends to amplify or implement by adopting the	88
proposed rule, the effective dates of any previous versions of the	89
rule that is the subject of the proposal, and other similar	90
information as prescribed in rules of the legislative service	91
commission.	92

(5) "Individual" means any individual who is affected by a	93
rule in the individual's capacity as an officer or employee of a	94
small business or small organization.	95

(6) "Rule summary and fiscal analysis" means a rule summary	96
and fiscal analysis of a proposed rule that provides the	97
information required by division (B) of section 127.18 of the	98
Revised Code, and that has been prepared in the form prescribed by	99
the joint committee on agency rule review under division (E) of	100
that section.	101

(7) "Rate" means any rate, classification, fare, toll,	102
rental, or charge of a public utility.	103

(8) "Rule" means any rule, regulation, or standard having a	104
general and uniform operation, including any appendix thereto,	105
that is adopted, promulgated, and enforced by an agency under the	106
authority of the laws governing the agency. "Rule" includes the	107
adoption of a new rule or the amendment or rescission of an	108
existing rule. "Rule" does not include any of the following:	109

(a) A rule proposed under section 1121.05, 1121.06, 1155.18,	110
1163.22, or 1349.33 of the Revised Code;	111

(b) A rule governing the internal management of an agency	112
that does not affect private rights;	113

(c) A rule authorized by law to be issued as a temporary	114
written order;	115

(d) Except as otherwise provided in division (A)(8)(d) of	116
this section, a rule or order, whether of a quasi-legislative or	117
quasi-judicial nature, proposed by the public utilities	118
commission. Any rule or order, whether of a quasi-legislative or	119
quasi-judicial nature, proposed by the public utilities commission	120
that determines a rate of a public utility to be just and	121
reasonable is a "rule" for purposes of this section, unless the	122
rule or order contains findings that the public utility, in	123
applying for approval of the rate under section 4909.18 of the	124
Revised Code, stated facts and grounds sufficient for the	125
commission to determine that the proposed rate was just and	126
reasonable.	127

(e) A proposed rule, the adoption of which is mandated by a	128
federal law or rule, and which must be adopted substantially as	129
prescribed by federal law or rule, to become effective within one	130
hundred twenty days of adoption, so long as the history trail of	131
the proposed rule contains a statement that it is proposed for the	132
purpose of complying with a federal law or rule and a citation to	133
the federal law or rule that mandates substantial compliance;	134

(9) "Small business" means an independently owned and	135
operated business having fewer than four hundred employees.	136

(10) "Small organization" means an unincorporated	137
association, sheltered workshop, or nonprofit enterprise having	138
fewer than four hundred employees. This definition is not limited	139
to the types of small organizations expressly mentioned, and	140
includes all other types of small organizations, so long as such	141
organizations have fewer than four hundred employees.	142

(B) If an agency intends to adopt a rule, and reasonably	143
believes that the proposed rule, if adopted, will be likely to	144
affect individuals, small businesses, or small organizations, the	145
agency shall comply with the following procedure in adopting the	146
rule, in addition to any other procedure required by section	147
111.15, 119.03, 119.032, 119.04, 127.18, 4141.14, or 5117.02 of	148
the Revised Code or any other statute of this state:	149

(1) The agency shall prepare a complete and accurate rule	150
summary and fiscal analysis of the original version of the	151
proposed rule.	152

(2) After complying with division (B)(1) of this section, and	153
at least sixty days before the agency files the proposed rule in	154
final form, the agency shall file with the office of	155
entrepreneurship and small business division, in electronic form,	156
the full text of the original version of the proposed rule and the	157
rule summary and fiscal analysis of such proposed rule.	158

(3) During a period commencing on the date the original	159
version of the proposed rule is filed pursuant to division (B)(2)	160
of this section and ending forty days thereafter:	161

(a) The chairperson of the standing committee of the senate	162
or house of representatives having jurisdiction over individuals,	163
small businesses, or small organizations, or any other person	164
having an interest in the proposed rule, may submit comments in	165
electronic form to the agency, to the joint committee on agency	166
rule review, or to both, concerning the expected effect of the	167
proposed rule, if adopted, upon individuals, small businesses, and	168
small organizations. The agency and joint committee shall accept	169
all such timely submitted written comments.	170

(b) The chairperson of the standing committee of the senate	171
or house of representatives having jurisdiction over individuals,	172
small businesses, or small organizations, in electronic form, may	173
request the agency to appear before the committee and testify,	174
answer questions asked by members of the committee, and produce	175
information in the possession of the agency as requested by the	176
committee, concerning the expected effect of the proposed rule, if	177
adopted, upon individuals, small businesses, or small	178
organizations. Upon receipt of a request from the chairperson of	179
the appropriate standing committee of the senate or house of	180
representatives under division (B)(3)(b) of this section, the	181
agency shall designate an officer or employee of the agency to	182
appear before the committee, and shall otherwise comply with the	183
request, in the manner directed by the request.	184

(4) The agency shall not proceed to file the proposed rule in	185
final form until it has considered any comments timely submitted	186
to it under division (B)(3)(a) of this section, has identified the	187
issues raised by the comments, has assessed the proposed rule in	188
light of the issues raised by the comments, and has made such	189
revisions in the proposed rule as it considers advisable in light	190
of its assessment.	191

An agency is not required to put any revised version of a	192
proposed rule through the procedure of divisions (B)(1) to (4) of	193
this section.	194

(C) Any original version of a proposed rule, rule summary and	195
fiscal analysis, or written comment filed or submitted under	196
division (B) of this section shall be preserved by the agency with	197
which it is filed or to which it is submitted, and is a public	198
record open to public inspection.	199

(D) Each agency shall prepare a plan that provides for the	200
periodic review, at least once every five years, of each rule of	201
the agency that is not otherwise subject to review under section	202
119.032 of the Revised Code and that affects individuals, small	203
businesses, or small organizations. The purpose of each periodic	204
review shall be to determine whether the rule that is being	205
reviewed should be continued without change or amended or	206
rescinded, consistent with the purpose, scope, and intent of the	207
applicable statute authorizing adoption of the rule, so as to	208
minimize the economic impact of the rule upon individuals, small	209
businesses, or small organizations. Accordingly, in making each	210
periodic review of a rule, the agency shall consider the continued	211
need for the rule, the nature of any written complaints or	212
comments that the agency has received with regard to the rule, the	213
extent to which the rule duplicates, overlaps, or conflicts with	214
other currently effective rules, and the degree to which	215
technology, economic conditions, and other relevant factors have	216
changed in the area affected by the rule.	217

Each agency shall annually report to the governor and general	218
assembly, with regard to each of its rules that have been reviewed	219
under this division during the preceding calendar year, the title	220
and administrative code rule number of the rule, a brief summary	221
of the content and operation of the rule, and a brief summary of	222
the results of the review. If the agency is otherwise required to	223
make an annual report to the governor and general assembly, the	224
agency shall report this information in an appropriately	225
designated section of its annual report, whether its annual report	226
is in print or electronic form or both. If, however, the agency is	227
not otherwise required to make an annual report to the governor	228
and general assembly, the agency, on or before the first day of	229
February, shall report this information in a separate report, in	230
electonicelectronic form, to the governor and general assembly.	231
In addition to the submissions required by section 101.68 of the	232
Revised Code, and in addition to any requirement of that section	233
to submit notice of the availability of a report instead of copies	234
of the report, the agency shall submit its annual or separate	235
report in electronic form, which provides the information required	236
by this division, to the chairpersons of the standing committees	237
of the senate and house of representatives having jurisdiction	238
over individuals, small businesses, and small organizations.	239

Each agency having rules in effect on January 1, 1985, that	240
affect individuals, small businesses, or small organizations shall	241
divide those rules into groups, so that at least one-fifth of	242
those rules are reviewed during each year of a five-year period	243
commencing on January 1, 1985. A rule that is newly adopted after	244
January 1, 1985, shall be reviewed five years after its effective	245
date. When a rule has once been reviewed, it shall thereafter be	246
reviewed again at five-year intervals.	247

(E) Each agency shall designate an individual or office	248
within the agency to be responsible for complying with this	249
division. Each individual or office that has been so designated	250
shall, within ten days after receiving a request therefor from any	251
person:	252

(1) Provide the person with copies of any rule proposed by	253
the agency that would affect individuals, small businesses, or	254
small organizations;	255

(2) Provide the person with copies of the rule summary and	256
fiscal analysis of any rule proposed by the agency that would	257
affect individuals, small businesses, or small organizations; or	258

(3) Find, collate, and make available to the person any	259
information in the possession of the agency regarding a rule	260
proposed by the agency, which information would be of interest to	261
individuals, small businesses, or small organizations.	262

The agency shall inform the office ofentrepreneurship and	263
small business division in writing of the name, address, and	264
telephone number of each individual or office designated under	265
this division. The agency shall promptly inform the office of	266
entrepreneurship and small business division in writing of any	267
change in the information thus provided.	268

(F) Division (B) of this section does not apply to any	269
emergency rule adopted under division (B)(2) of section 111.15 or	270
division (F) of section 119.03 of the Revised Code, except that	271
the emergency rule becomes subject to such division when it is	272
adopted pursuant to the procedure of section 111.15 or 119.03 of	273
the Revised Code for the adoption of rules not of an emergency	274
nature.	275

(G) The department of taxation shall provide a copy of the	276
full text of any rule proposed by the department that may affect	277
any business in electronic form to the office ofentrepreneurship	278
and small business division, and the department shall designate an	279
office within the agency responsible for providing a copy of any	280
such rule within ten days of receiving a request from any person.	281

Sec. 121.81. As used in sections 121.81 and 121.811 to	282
121.815 of the Revised Code:	283

(A) "Rule" means the adoption of a new rule or the amendment	284
or rescission of an existing rule. "Rule" does not include an	285
emergency rule, but does include a rule that is to replace an	286
emergency rule upon its expiration.	287

(B) A "small business" is an independently owned and operated	288
for-profit or nonprofit business entity, including affiliates, and	289
regardless of legal form, that has fewer than four hundred	290
employees.	291

(C) A "state agency" is a discrete unit that is organized as	292
a part of, and that carries out one or more functions of, state	293
government and that is authorized or required by statute to adopt	294
rules. "State agency" does not include the elected state officers	295
or their offices, the general assembly or any legislative agency,	296
or the courts or any judicial agency.	297

Sec. 121.811. Sections 121.81 and 121.812 to 121.815 of the	298
Revised Code are the Common Sense Regulation Act.	299

Sec. 121.812. (A) On and after July 1, 2010, in the course of	300
developing a rule for proposal and adoption, and in any event	301
before proposing the rule by filing it under divisions (D) and	302
(E) of section 111.15 or divisions (B) and (H) of section 119.03	303
of the Revised Code, a state agency shall evaluate the rule in	304
light of each of the following considerations:	305

(1) Whether the rule is necessary to give effect to the	306
statute that underlies the rule;	307

(2) Whether the rule unnecessarily duplicates a federal	308
regulation or the rules of the state agency or of another state	309
agency;	310

(3) Whether the state agency has notified all interested	311
persons who have registered through the centralized electronic	312
system for regulatory notification to receive notice that the	313
agency is developing and drafting the rule for proposal and	314
adoption, and whether the state agency has afforded those	315
persons an opportunity to comment to the state agency	316
concerning the substance and the drafting of the rule;	317

(4) Whether the rule is drafted so that its desired outcome	318
will be achieved, and whether the desired outcome of the rule is	319
based on the best information, including scientific and technical	320
data, that reasonably can be obtained;	321

(5) Whether the rule will be understandable to the persons	322
to whom the rule is addressed;	323

(6) Whether the rule can be applied consistently by the	324
state agency to the persons who will be affected by the rule;	325

(7) Whether, when achieving its underlying regulatory	326
objectives, the rule is a reasonable balance between its	327
underlying regulatory objectives and the regulatory burden it	328
imposes;	329

(8) Whether it would be advisable for the rule to expire on a	330
specific future date.	331

(B) The state agency shall prepare a report of its evaluation	332
of the rule. The director of administrative services shall	333
prescribe the form of the report, designing the form so that it	334
will elicit from a state agency when the form is completed whether	335
the state agency has evaluated a rule in light of all the	336
considerations listed in divisions (A)(1) to (8) of this section.	337
The form in addition shall require the state agency to explain the	338
following in particular:	339

(1) If the rule is duplicative, why the duplication is	340
necessary;	341

(2) If the state agency has not notified all interested	342
persons who have registered through the centralized electronic	343
system for regulatory notification to receive notice that the	344
agency is developing and drafting the rule for proposal and	345
adoption, why this is the case; and	346

(3) If the rule, when achieving its regulatory objectives, is	347
not a reasonable balance between its underlying regulatory	348
objectives and the regulatory burden it imposes, why this is the	349
case.	350

(C) The head of the state agency or the state agency's chief	351
legal officer shall review the rule and the report for clarity	352
to ensure the state agency has made a good faith effort to	353
evaluate the rule in light of the considerations. The state	354
agency's report shall indicate whether the head of the state	355
agency or the state agency's chief legal officer has completed	356
this review.	357

(D) The state agency shall transmit a copy of its report	358
electronically to the director of administrative services or the	359
director's designee. The director or the director's designee	360
shall publish a summary of the report on the web site of the	361
centralized electronic system for regulatory notification.	362

Sec. 121.813. The director of administrative services, not	363
later than July 1, 2010, shall establish, and thereafter shall	364
maintain and improve, a centralized electronic system for	365
regulatory notification that:	366

(A) Enables interested persons to register to receive notices	367
and other information from a state agency concerning a rule that	368
the state agency is developing and drafting;	369

(B) Enables the director to publish on the system summaries	370
of reports the director receives under section 121.812 of the	371
Revised Code; and	372

(C) Enables interested persons to register to receive notices	373
of semiannual meetings that are to be convened under section	374
121.814 of the Revised Code.	375

The director may design the centralized electronic system for	376
regulatory notification so that it enables interested persons to	377
comment electronically on agency regulatory processes.	378

The centralized electronic system for regulatory	379
notification is complementary to the register of Ohio. The	380
director of the legislative service commission and the director of	381
administrative services shall consult with each other and link the	382
centralized electronic system for regulatory notification and the	383
register of Ohio.	384

Sec. 121.814. (A) The director of administrative services or	385
the director's designee shall convene semiannual meetings, at	386
convenient times and locations, at which interested persons may	387
comment on agency regulatory processes that are causing	388
unreasonable impediments to the efficient and successful	389
operation of small businesses. The small business advocate shall	390
attend and participate in each semiannual meeting. Comments at a	391
semiannual meeting may be recorded.	392

The director or the director's designee shall transmit notice	393
of a semiannual meeting, at least one month in advance of the	394
meeting, to interested persons who have registered to receive	395
notices of the meetings through the centralized electronic system	396
for regulatory notification.	397

(B) Based on comments made at each semiannual meeting, the	398
director or the director's designee shall prepare a priority	399
schedule identifying agency processes that are causing	400
unreasonable impediments to the efficient and successful	401
operation of small businesses, and identifying innovative	402
management tools, such as kaizen, value stream mapping,	403
networking, and root cause analysis, that a state agency might	404
bring to bear to reduce or eliminate these impediments. In	405
identifying agency processes that are causing unreasonable	406
impediments, the director or the director's designee particularly	407
shall take account of state agency processes that derogate the	408
considerations listed in section 121.812 of the Revised Code.	409

The director or the director's designee shall transmit a copy	410
of the priority schedule to each state agency that is identified	411
in the priority schedule, and shall monitor the efforts state	412
agencies are making to reduce or eliminate impediments identified	413
in the priority schedule. Each state agency identified in a	414
priority schedule shall make efforts to reduce or eliminate the	415
identified impediments and any other impediments it may discover.	416
At each semiannual meeting after the first, the director or the	417
director's designee shall report to those in attendance on the	418
progress state agencies are making at reducing or eliminating	419
previously identified impediments to the efficient and successful	420
operation of small businesses.	421

The director or the director's designee shall post the	422
priority schedule on the web site of the centralized electronic	423
system for regulatory notification.	424

Sec. 121.815. The directors of each of the following state	425
agencies shall appoint an ombudsperson: the departments of	426
administrative services, agriculture, commerce, development,	427
health, insurance, job and family services, natural resources,	428
taxation, and transportation, the environmental protection agency,	429
the industrial commission, and the bureau of workers'	430
compensation. The ombudsperson shall report to, and is entitled to	431
have regular direct access to and the attention of, the director	432
or other head of the state agency.	433

An ombudsperson shall serve as a problem-solving liaison	434
between the state agency and those who are affected by its rules	435
and regulatory processes when normal state agency processes do not	436
produce a satisfactory result. A small business also may request	437
the small business advocate to assist when normal state agency	438
processes do not produce a satisfactory result. The ombudsperson	439
or small business advocate may not, however, become involved with	440
resolving matters that are the subject of an on-going judicial or	441
administrative enforcement action.	442

If the ombudsperson, with or without the assistance of the	443
small business advocate, is unable to resolve a matter, the	444
ombudsperson may call upon the governor's designee to assist in	445
resolving the matter. The governor's designee shall assist in a	446
neutral way to resolve the matter. The governor's designee shall	447
identify options, and strategies and tactics, for resolving the	448
matter, but may not impose a resolution or make or reverse legal	449
decisions to resolve the matter.	450

A state agency named in this section shall publish on its web	451
site the name, address, telephone number, and e-mail address of	452
its ombudsperson, together with a brief explanation of the	453
ombudsperson's role in resolving matters.	454

An ombudsperson shall consult with the small business	455
advocate and negotiate arrangements to facilitate mutual	456
interaction and avoid duplication of effort.	457

Sec. 121.82.  (A) As used in this section, "department" means	458
the several departments of state administration enumerated in	459
section 121.02 of the Revised Code.	460

(B)(1) It is the policy of this state to improve the customer	461
service provided by departments. Each department shall emphasize	462
improved customer service, efficiency, and productivity in	463
employee orientation and employee training. In light of this	464
policy, not later than January 1, 2011, each department, with the	465
assistance of the department of administrative services, shall	466
adopt customer service principles identifying the best practices	467
to be used to provide improved customer service.	468

(2) Not later than January 1, 2011, each department, with the	469
assistance of the department of administrative services, shall	470
develop a customer service training program that employees	471
designated by the department can complete to improve customer	472
service, efficiency, and productivity. The customer service	473
training program shall emphasize the customer service principles	474
adopted by the department.	475

(C) Each employee who participates in a customer service	476
training program, upon completion of the program, shall sign a	477
written statement acknowledging that the employee understands the	478
customer service principles adopted by the department and will	479
follow them.	480

(D) On its web site, each department shall:

481

(1) In a frequently-asked-question format, post answers to	482
frequently asked questions about the department's regulatory	483
mission and processes; and	484

(2) Include a customer service survey that users may complete	485
online, or download, complete, and e-mail to the department.	486

A department shall review all customer service surveys that	487
are completed and returned to the department, and may send the	488
surveys to the governor or the governor's designee.	489

Sec. 122.08.  (A) There is hereby created within the	490
department of development an officea division to be known as the	491
office ofentrepreneurship and small business division. The office	492
division shall be under the supervision of a manager appointed by	493
the director of development. The manager shall be known as the	494
small business advocate.	495

(B) The officedivision shall do all of the following:

496

(1) Act as liaison facilitating interactions between the	497
small business community and state governmental agencies;	498

(2) Furnish information and technical assistance to persons	499
and small businesses concerning the establishment and maintenance	500
of a small business, and concerning state laws and rules relevant	501
to the operation of a small business. In conjunction with these	502
duties, the officedivision shall keep a record of all state	503
agency rules affecting individuals, small businesses, or small	504
organizations, as defined in section 121.24 of the Revised Code,	505
and may testify before the joint committee on agency rule review	506
concerning any proposed rule affecting individuals, small	507
businesses, or small organizations.	508

(3) Prepare and publish the small business register under	509
section 122.081 of the Revised Code;	510

(4) Receive complaints from small businesses concerning	511
governmental activity, compile and analyze those complaints, and	512
periodically make recommendations to the governor and the general	513
assembly on changes in state laws or agency rules needed to	514
eliminate burdensome and unproductive governmental regulation to	515
improve the economic climate within which small businesses	516
operate;	517

(5) Receive complaints or questions from small businesses and	518
direct those businesses to the appropriate governmental agency.	519
If, within a reasonable period of time, a complaint is not	520
satisfactorily resolved or a question is not satisfactorily	521
answered, the officedivision shall, on behalf of the small	522
business, make every effort to secure a satisfactory result. For	523
this purpose, the officedivision may consult with any state	524
governmental agency and may make any suggestion or request that	525
seems appropriate.	526

(6) Utilize, to the maximum extent possible, the printed and	527
electronic media to disseminate information of current concern and	528
interest to the small business community and to make known to	529
small businesses the services available through the office	530
division. The officedivision shall publish such books, pamphlets,	531
and other printed materials, and shall participate in such trade	532
association meetings, conventions, fairs, and other meetings	533
involving the small business community, as the managersmall	534
business advocate considers appropriate.	535

(7) Prepare for inclusion in the department of development's	536
annual report to the governor and general assembly, a description	537
of the activities of the officedivision and a report of the	538
number of rules affecting individuals, small businesses, and small	539
organizations that were filed with the officedivision under	540
division (B)(2) of section 121.24 of the Revised Code, during the	541
preceding calendar year;	542

(8) Operate the Ohio first-stop business connection to assist	543
individuals in identifying and preparing applications for business	544
licenses, permits, and certificates and to serve as the central	545
public distributor for all forms, applications, and other	546
information related to business licensing. Each state agency,	547
board, and commission shall cooperate in providing assistance,	548
information, and materials to enable the connection to perform its	549
duties under this division.	550

(9) Establish and maintain a toll-free telephone number	551
persons may call during regular business hours, and an e-mail	552
address to which persons may transmit e-mail at any time, to	553
comment to the small business advocate concerning statutes and	554
rules and state agency processes affecting individuals, small	555
businesses, and small organizations. The telephone answering point	556
shall be equipped to record calls that are received after regular	557
business hours.	558

(10) Consult with each ombudsperson appointed under section	559
121.815 of the Revised Code and negotiate arrangements to	560
facilitate mutual interaction and avoid duplication of effort.	561

(C) The officedivision may, upon the request of a state	562
agency, assist the agency with the preparation of any rule that	563
will affect individuals, small businesses, or small organizations.	564

(D) The director of development shall assign employees and	565
furnish equipment and supplies to the officedivision as the	566
director considers necessary for the proper performance of the	567
duties assigned to the officedivision.	568

Sec. 122.081.  (A) The office ofentrepreneurship and small	569
business division in the department of development shall prepare	570
and publish a "small business register" or contract with any	571
person as provided in this section to prepare and publish the	572
register. The small business register shall contain the following	573
information regarding each proposed rule filed with the office of	574
entrepreneurship and small business division under division (B)(2)	575
of section 121.24 of the Revised Code:	576

(1) The title and administrative code rule number of the	577
proposed rule;	578

(2) A brief summary of the proposed rule;

579

(3) The date on which the proposed rule was filed with the	580
office ofentrepreneurship and small business division under	581
division (B)(2) of section 121.24 of the Revised Code; and	582

(4) The name, address, and telephone number of the individual	583
or office within the agency that proposed the rule who has been	584
designated as being responsible for complying with division (E) of	585
section 121.24 of the Revised Code with regard to the proposed	586
rule.	587

(B) The small business register shall be published on a	588
weekly basis. The information required under division (A) of this	589
section shall be published in the register no later than two weeks	590
after the proposed rule to which the information relates is filed	591
with the office ofentrepreneurship and small business division	592
under division (B)(2) of section 121.24 of the Revised Code. The	593
office ofentrepreneurship and small business division shall	594
furnish the small business register, on a single copy or	595
subscription basis, to any person who requests it and pays a	596
single copy price or subscription rate fixed by the office	597
division. The officedivision shall furnish the chairmen	598
chairpersons of the standing committees of the senate and house	599
of representatives having jurisdiction over individuals, small	600
businesses, and small organizations with free subscriptions to	601
the small business register.	602

(C) Upon the request of the office ofentrepreneurship and	603
small business division, the director of administrative services	604
shall, in accordance with the competitive selection procedure of	605
Chapter 125. of the Revised Code, let a contract for the	606
compilation, printing, and distribution of the small business	607
register.	608

(D) The office ofentrepreneurship and small business	609
division shall adopt, and may amend or rescind, in accordance with	610
Chapter 119. of the Revised Code, such rules as are necessary to	611
enable it to properly carry out this section.	612

Sec. 122.084. The entrepreneurship and small business	613
division shall establish the Ohio small business roundtable. The	614
Ohio small business roundtable shall meet semi-annually to	615
discuss issues relevant to small businesses, including matters	616
such as the special challenges involved in establishing and in	617
efficiently and successfully operating a small business and the	618
statutes and rules and state agency processes that are involved	619
in or relate to the operation of small businesses. As a result of	620
its discussions, the roundtable may make recommendations for	621
changes in statutes and rules and in state agency processes that	622
are needed to reduce or eliminate burdensome or unproductive	623
governmental regulation to improve the economic climate within	624
which small businesses operate.	625

The roundtable may report its recommendations, together with	626
supporting commentary, in a communique. The small business	627
advocate may transmit the communique electronically to the	628
governor, the general assembly, and each state agency to which the	629
recommendations apply.	630

The Ohio small business roundtable shall consist of the small	631
business advocate and four members appointed by the governor, two	632
members appointed by the president of the senate, and two members	633
appointed by the speaker of the house of representatives. Each	634
member shall be representative of the small business community.	635
Initial appointments to the roundtable shall be made on or before	636
January 1, 2010. Members of the roundtable shall serve without	637
compensation and without reimbursement for expenses.	638

The terms of office of all members of the roundtable, except	639
the small business advocate, shall be for three years, beginning	640
on the first day of January and ending at the close of business on	641
the thirty-first day of December. A vacancy on the roundtable	642
shall be filled in the same manner as the initial appointment. Any	643
member appointed to fill a vacancy occurring prior to the	644
expiration of the term for which the member's predecessor was	645
appointed shall hold office for the remainder of the term. The	646
term of office for the small business advocate shall be for the	647
entirety of the advocate's employment as the small business	648
advocate.	649

The small business advocate shall be the chairperson of the	650
roundtable, and shall appoint a secretary from among the	651
roundtable's members.	652

Five members of the roundtable constitute a quorum, and the	653
affirmative vote of five members is necessary for any action taken	654
by the roundtable.	655

Sec. 127.18.  (A) As used in this section:

656

(1) "Rule-making agency" has the same meaning as in division	657
(I) of section 119.01 of the Revised Code.	658

(2) "Rule" includes the adoption, amendment, or rescission of	659
a rule.	660

(3) "Proposed rule" means the original version of a proposed	661
rule, and each revised version of the same proposed rule, that is	662
filed with the joint committee on agency rule review under	663
division (D) of section 111.15 or division (H) of section 119.03	664
of the Revised Code.	665

(B) A rule-making agency shall prepare, in the form	666
prescribed by the joint committee on agency rule review under	667
division (E) of this section, a complete and accurate rule summary	668
and fiscal analysis of each proposed rule that it files under	669
division (D) of section 111.15 or division (H) of section 119.03	670
of the Revised Code. A rule-making agency, when completing the	671
rule summary and fiscal analysis, is encouraged to identify and	672
estimate the number of businesses subject to the proposed rule.	673
The rule summary and fiscal analysis shall include all of the	674
following information:	675

(1) The name, address, and telephone number of the	676
rule-making agency, and the name and telephone number of an	677
individual or office within the agency designated by that agency	678
to be responsible for coordinating and making available	679
information in the possession of the agency regarding the proposed	680
rule;	681

(2) The Ohio Administrative Code rule number of the proposed	682
rule;	683

(3) A brief summary of, and the legal basis for, the proposed	684
rule, including citations identifying the statute that prescribes	685
the procedure in accordance with which the rule-making agency is	686
required to adopt the proposed rule, the statute that authorizes	687
the agency to adopt the proposed rule, and the statute that the	688
agency intends to amplify or implement by adopting the proposed	689
rule;	690

(4) An estimate, in dollars, of the amount by which the	691
proposed rule would increase or decrease revenues or expenditures	692
during the current biennium;	693

(5) A citation identifying the appropriation that authorizes	694
each expenditure that would be necessitated by the proposed rule;	695

(6) A summary of the estimated cost of compliance with the	696
rule to all directly affected persons;	697

(7) The reasons why the rule is being proposed;

698

(8) If the rule has a fiscal effect on school districts,	699
counties, townships, or municipal corporations, an estimate in	700
dollars of the cost of compliance with the rule, or, if dollar	701
amounts cannot be determined, a written explanation of why it was	702
not possible to ascertain dollar amounts;	703

(9) If the rule has a fiscal effect on school districts,	704
counties, townships, or municipal corporations and is the result	705
of a federal requirement, a clear explanation that the proposed	706
state rule does not exceed the scope and intent of the	707
requirement, or, if the state rule does exceed the minimum	708
necessary federal requirement, a justification of the excess cost,	709
and an estimate of the costs, including those costs for local	710
governments, exceeding the federal requirement;	711

(10) If the rule has a fiscal effect on school districts,	712
counties, townships, or municipal corporations, a comprehensive	713
cost estimate that includes the procedure and method of	714
calculating the costs of compliance and identifies major cost	715
categories including personnel costs, new equipment or other	716
capital costs, operating costs, and indirect central service costs	717
related to the rule. The fiscal analysis shall also include a	718
written explanation of the agency's and the affected local	719
government's ability to pay for the new requirements and a	720
statement of any impact the rule will have on economic	721
development.	722

(11) If the rule incorporates a text or other material by	723
reference, and the agency claims the incorporation by reference is	724
exempt from compliance with sections 121.71 to 121.74 of the	725
Revised Code because the text or other material is generally	726
available to persons who reasonably can be expected to be affected	727
by the rule, an explanation of how the text or other material is	728
generally available to those persons;	729

(12) If the rule incorporates a text or other material by	730
reference, and it was infeasible for the agency to file the text	731
or other material electronically, an explanation of why filing the	732
text or other material electronically was infeasible;	733

(13) If the rule is being rescinded and incorporates a text	734
or other material by reference, and it was infeasible for the	735
agency to file the text or other material, an explanation of why	736
filing the text or other material was infeasible;	737

(14) Any other information the joint committee on agency rule	738
review considers necessary to make the proposed rule or the fiscal	739
effect of the proposed rule fully understandable.	740

The rule summary and fiscal analysis also shall include a box	741
the rule-making agency can check to indicate that it has evaluated	742
the rule under section 121.812 of the Revised Code and that its	743
report of the evaluation was reviewed by the head of the state	744
agency or the state agency's chief legal officer. Failure to	745
evaluate a rule under that section and to check the box	746
constitutes only failure to prepare a complete and accurate rule	747
summary and fiscal analysis under division (I)(1)(d) of section	748
119.03 of the Revised Code.	749

(C) The rule-making agency shall file the rule summary and	750
fiscal analysis in electronic form along with the proposed rule	751
that it files under divisions (D) and (E) of section 111.15 or	752
divisions (B) and (H) of section 119.03 of the Revised Code. The	753
joint committee on agency rule review shall not accept any	754
proposed rule for filing unless a copy of the rule summary and	755
fiscal analysis of the proposed rule, completely and accurately	756
prepared, is filed along with the proposed rule.	757

(D) The joint committee on agency rule review shall review	758
the fiscal effect of each proposed rule that is filed under	759
division (D) of section 111.15 or division (H) of section 119.03	760
of the Revised Code.	761

(E) The joint committee on agency rule review shall prescribe	762
the form in which each rule-making agency shall prepare its rule	763
summary and fiscal analysis of a proposed rule.	764

(F) This section does not require the auditor of state or the	765
auditor of state's designee to prepare or attach a rule summary	766
and fiscal analysis to any copy of a rule proposed under section	767
117.12, 117.19, 117.38, or 117.43 of the Revised Code.	768

Sec. 3745.016. (A) As used in this section, "small business"	769
means:	770

(1) A "small business stationary source" as defined in	771
section 3704.01 of the Revised Code; or	772

(2) If the business does not have a source of an air	773
pollutant, an independently owned or operated business having one	774
hundred or fewer employees.	775

(B) The director of environmental protection may establish,	776
as part of the environmental protection agency, a program for	777
providing environmental regulatory compliance assistance to small	778
businesses. If the director establishes the environmental	779
regulatory compliance assistance program, the program shall:	780

(1) Provide environmental regulatory compliance assistance,	781
including on-site environmental regulatory compliance assistance,	782
upon the request of a small business, to assist the small	783
business in identifying relevant environmental regulations and	784
compliance requirements and in completing application and	785
reporting forms relating to environmental regulatory	786
requirements;	787

(2) Develop educational materials for small businesses	788
regarding state and federal environmental regulatory compliance	789
requirements, and distribute the materials to them free of	790
charge;	791

(3) Reach out to small businesses and provide them with	792
training on state and federal environmental regulatory compliance	793
requirements free of charge; and	794

(4) Provide other environmental regulatory compliance	795
assistance to small businesses that will help to improve their	796
compliance with environmental regulation and thereby help to	797
improve the overall cleanliness of Ohio's environment.	798

(C) Any information, regardless of its form or	799
characteristics, that is created or obtained by the environmental	800
protection agency in the course of administering the environmental	801
regulatory compliance assistance program that identifies or	802
describes an individual facility or operation at a small business	803
is confidential and not a public record open to public inspection	804
unless:	805

(1) The information reveals a clear and immediate danger to	806
the environment and the health, safety, or welfare of the public;	807

(2) The information is obtained independently by the director	808
of environmental protection or authorized employees or agents of	809
the environmental protection agency as part of a compliance	810
inspection or investigation or in a judicial or administrative	811
enforcement proceeding; or	812

(3) The information is emissions data or otherwise pertains	813
to a contaminant source, and treating the information as	814
confidential would be inconsistent with the requirements of law.	815

Information that is confidential under this division may not	816
be used in any manner for purposes of the enforcement of any	817
environmental compliance requirement or as evidence in any	818
judicial or administrative enforcement proceeding. This paragraph	819
does not confer immunity on a small business from judicial or	820
administrative enforcement that is based upon information	821
obtained by the director of environmental protection or	822
employees or agents of the environmental protection agency,	823
insofar as they are not engaged in administering the	824
environmental regulatory compliance assistance program.	825

Section 2. That existing sections 103.051, 103.0511, 121.24,	826
122.08, 122.081, and 127.18 of the Revised Code are hereby	827
repealed.	828

Section 3. This act includes amendments re-naming and	829
re-characterizing the Office of Small Business as the	830
Entrepreneurship and Small Business Division. These amendments do	831
not otherwise affect the organization or the organizational	832
position of the office-now-division as part of the Department of	833
Development. Other amendments pertaining to the	834
office-now-division affect its functions.	835