As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 412

Representative Blair 

Cosponsors: Representatives Adams, J., Amstutz, Blessing, Bubp, Burke, Boose, Grossman, Huffman, Lehner, Jordan, Martin, McClain, Morgan, Snitchler, Stebelton, Uecker, Wachtmann, Wagner, Zehringer 

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A BILL

To amend sections 122.452, 165.031, 166.02, 307.671,

1

307.673, 1551.13, 1728.07, 3706.042, 4115.03,

2

4115.033, 4115.10, 4582.12, 4582.37, 4981.23,

3

6117.012, and 6121.061 and to repeal section

4

4115.034 of the Revised Code to limit the

5

requirement to pay the prevailing rate of wages to

6

new construction, to increase the threshold that

7

triggers the application of the Prevailing Wage

8

Law to one million dollars, and to eliminate the

9

requirement that the Director of Commerce adjust

10

that threshold on a biennial basis.

11

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

Section 1.  That sections 122.452, 165.031, 166.02, 307.671,	12
307.673, 1551.13, 1728.07, 3706.042, 4115.03, 4115.033, 4115.10,	13
4582.12, 4582.37, 4981.23, 6117.012, and 6121.061 of the Revised	14
Code be amended to read as follows:	15

Sec. 122.452.  The director of development shall not enter	16
into any agreement for granting a loan or insuring a mortgage	17
unless the agreement specifies that allthe payment of wages paid	18
to laborers and mechanics employed for work on such projects shall	19
be paid at the prevailing rates of wages of laborers and mechanics	20
for the class of work called for by such project, whichis subject	21
to sections 4115.03 to 4115.21 and 4115.99 of the Revised Code.	22
When required by those sections, such wages shall be determined in	23
accordance with the requirements of Chapter 4115. of the Revised	24
Codethose sections for determination of prevailing wage rates,	25
provided that the requirements of this section do not apply where	26
the federal government or any of its agencies furnishes by loan or	27
grant all or any part of the funds used in connection with such	28
project and prescribes predetermined minimum wages to be paid to	29
such laborers and mechanics; and providing further that should a	30
nonpublic user beneficiary of the project undertake, as part of	31
the project, construction to be performed by its regular	32
bargaining unit, employees who are covered under a collective	33
bargaining agreement which was in existence prior to the date of	34
the commitment instrument undertaking to insure a mortgage or	35
grant a loan then, in that event, the rate of pay provided under	36
the collective bargaining agreement may be paid to such employees.	37

Sec. 165.031.  No bonds shall be issued under this chapter	38
unless the resolution or ordinance authorizing such issuance of	39
bonds specifies that allthe payment of wages paid to laborers and	40
mechanics employed on such projects for which the bonds are issued	41
shall be paid at the prevailing rates of wages of laborers and	42
mechanics for the class of work called for by such project, which	43
is subject to sections 4115.03 to 4115.21 and 4115.99 of the	44
Revised Code. When required by those sections, such wages shall be	45
determined in accordance with the requirements of Chapter 4115. of	46
the Revised Codethose sections for determination of prevailing	47
wage rates, provided that the requirements of this section do not	48
apply where the federal government or any of its agencies	49
furnished by loan or grant all or any part of the funds used in	50
connection with such project and prescribes predetermined minimum	51
wages to be paid to such laborers and mechanics; and provided	52
further that should a nonpublic user beneficiary of the project	53
undertake, as part of the project, construction to be performed by	54
its regular bargaining unit employees who are covered under a	55
collective bargaining agreement which was in existence prior to	56
the date of the commitment instrument undertaking to issue bonds	57
then, in that event, the rate of pay provided under the collective	58
bargaining agreement may be paid to such employees.	59

Sec. 166.02.  (A) The general assembly finds that many local	60
areas throughout the state are experiencing economic stagnation or	61
decline, and that the economic development programs provided for	62
in this chapter will constitute deserved, necessary	63
reinvestment by the state in those areas, materially contribute	64
to their economic revitalization, and result in improving the	65
economic welfare of all the people of the state. Accordingly, it	66
is declared to be the public policy of the state, through the	67
operations of this chapter and other applicable laws adopted	68
pursuant to Section 2p or 13 of Article VIII, Ohio Constitution,	69
and other authority vested in the general assembly, to assist in	70
and facilitate the establishment or development of eligible	71
projects or assist and cooperate with any governmental agency in	72
achieving such purpose.	73

(B) In furtherance of such public policy and to implement	74
such purpose, the director of development may:	75

(1) After consultation with appropriate governmental	76
agencies, enter into agreements with persons engaged in industry,	77
commerce, distribution, or research and with governmental agencies	78
to induce such persons to acquire, construct, reconstruct,	79
rehabilitate, renovate, enlarge, improve, equip, or furnish, or	80
otherwise develop, eligible projects and make provision therein	81
for project facilities and governmental actions, as authorized by	82
this chapter and other applicable laws, subject to any required	83
actions by the general assembly or the controlling board and	84
subject to applicable local government laws and regulations;	85

(2) Provide for the guarantees and loans as provided for in	86
sections 166.06 and 166.07 of the Revised Code;	87

(3) Subject to release of such moneys by the controlling	88
board, contract for labor and materials needed for, or contract	89
with others, including governmental agencies, to provide, project	90
facilities the allowable costs of which are to be paid for or	91
reimbursed from moneys in the facilities establishment fund, and	92
contract for the operation of such project facilities;	93

(4) Subject to release thereof by the controlling board, from	94
moneys in the facilities establishment fund acquire or contract to	95
acquire by gift, exchange, or purchase, including the obtaining	96
and exercise of purchase options, property, and convey or	97
otherwise dispose of, or provide for the conveyance or disposition	98
of, property so acquired or contracted to be acquired by sale,	99
exchange, lease, lease purchase, conditional or installment sale,	100
transfer, or other disposition, including the grant of an option	101
to purchase, to any governmental agency or to any other person	102
without necessity for competitive bidding and upon such terms and	103
conditions and manner of consideration pursuant to and as the	104
director determines to be appropriate to satisfy the objectives of	105
sections 166.01 to 166.11 of the Revised Code;	106

(5) Retain the services of or employ financial consultants,	107
appraisers, consulting engineers, superintendents, managers,	108
construction and accounting experts, attorneys, and employees,	109
agents, and independent contractors as are necessary in the	110
director's judgment and fix the compensation for their services;	111

(6) Receive and accept from any person grants, gifts, and	112
contributions of money, property, labor, and other things of	113
value, to be held, used and applied only for the purpose for which	114
such grants, gifts, and contributions are made;	115

(7) Enter into appropriate arrangements and agreements with	116
any governmental agency for the taking or provision by that	117
governmental agency of any governmental action;	118

(8) Do all other acts and enter into contracts and execute	119
all instruments necessary or appropriate to carry out the	120
provisions of this chapter;	121

(9) Adopt rules to implement any of the provisions of this	122
chapter applicable to the director.	123

(C) The determinations by the director that facilities	124
constitute eligible projects, that facilities are project	125
facilities, that costs of such facilities are allowable costs, and	126
all other determinations relevant thereto or to an action taken or	127
agreement entered into shall be conclusive for purposes of the	128
validity and enforceability of rights of parties arising from	129
actions taken and agreements entered into under this chapter.	130

(D) Except as otherwise prescribed in this chapter, all	131
expenses and obligations incurred by the director in carrying out	132
the director's powers and in exercising the director's duties	133
under this chapter, shall be payable solely from, as appropriate,	134
moneys in the facilities establishment fund, the loan guarantee	135
fund, the innovation Ohio loan guarantee fund, the innovation Ohio	136
loan fund, the research and development loan fund, the logistics	137
and distribution infrastructure fund, the logistics and	138
distribution infrastructure taxable bond fund, or moneys	139
appropriated for such purpose by the general assembly. This	140
chapter does not authorize the director or the issuing authority	141
under section 166.08 of the Revised Code to incur bonded	142
indebtedness of the state or any political subdivision thereof,	143
or to obligate or pledge moneys raised by taxation for the	144
payment of any bonds or notes issued or guarantees made pursuant	145
to this chapter.	146

(E) No financial assistance for project facilities shall be	147
provided under this chapter unless the provisions of the agreement	148
providing for such assistance specify that allthe payment of	149
wages paid to laborers and mechanics employed on such project	150
facilities for which the assistance is granted shall be paid at	151
the prevailing rates of wages of laborers and mechanics for the	152
class of work called for by such project facilities, whichis	153
subject to sections 4115.03 to 4115.21 and 4115.99 of the Revised	154
Code. When required by those sections, such wages shall be	155
determined in accordance with the requirements of Chapter 4115. of	156
the Revised Codethose sections for determination of prevailing	157
wage rates, provided that the requirements of this division do	158
not apply where the federal government or any of its agencies	159
provides financing assistance as to all or any part of the funds	160
used in connection with such project facilities and prescribes	161
predetermined minimum wages to be paid to such laborers and	162
mechanics; and provided further that should a nonpublic user	163
beneficiary of the eligible project undertake, as part of the	164
eligible project, construction to be performed by its regular	165
bargaining unit employees who are covered under a collective	166
bargaining agreement which was in existence prior to the date of	167
the document authorizing such assistance then, in that event, the	168
rate of pay provided under the collective bargaining agreement	169
may be paid to such employees.	170

(F) Any governmental agency may enter into an agreement with	171
the director, any other governmental agency, or a person to be	172
assisted under this chapter, to take or provide for the purposes	173
of this chapter any governmental action it is authorized to take	174
or provide, and to undertake on behalf and at the request of the	175
director any action which the director is authorized to undertake	176
pursuant to divisions (B)(3), (4), and (5) of this section or	177
divisions (B)(3), (4), and (5) of section 166.12 of the Revised	178
Code. Governmental agencies of the state shall cooperate with and	179
provide assistance to the director of development and the	180
controlling board in the exercise of their respective functions	181
under this chapter.	182

Sec. 307.671.  (A) As used in this section:

183

(1) "Bonds" means, as the context requires: general	184
obligation bonds of the county, or notes in anticipation thereof,	185
described in division (B)(1)(b) of this section; revenue bonds of	186
the port authority described in division (B)(2)(a) of this	187
section; and urban renewal bonds, or notes in anticipation	188
thereof, of the host municipal corporation described in division	189
(B)(3)(a) of this section.	190

(2) "Corporation" means a nonprofit corporation that is	191
organized under the laws of this state and that includes within	192
the purposes for which it is incorporated the authorization to	193
lease and operate facilities such as a port authority educational	194
and cultural facility.	195

(3) "Debt service charges" means, for any period or payable	196
at any time, the principal of and interest and any premium due on	197
bonds for that period or payable at that time whether due at	198
maturity or upon mandatory redemption, together with any required	199
deposits to reserves for the payment of principal of and interest	200
on such bonds, and includes any payments required by the port	201
authority to satisfy any of its obligations arising from any	202
guaranty agreements, reimbursement agreements, or other credit	203
enhancement agreements described in division (C) of this section.	204

(4) "Host municipal corporation" means the municipal	205
corporation within the boundaries of which the port authority	206
educational and cultural facility is located.	207

(5) "Port authority" means a port authority created pursuant	208
to the authority of section 4582.02 of the Revised Code by a	209
county and a host municipal corporation.	210

(6) "Port authority educational and cultural facility" means	211
a facility located within an urban renewal area that may consist	212
of a museum, archives, library, hall of fame, center for	213
contemporary music, or other facilities necessary to provide	214
programs of an educational and cultural nature, together with all	215
parking facilities, walkways, and other auxiliary facilities, real	216
and personal property, property rights, easements, and interests	217
that may be appropriate for, or used in connection with, the	218
operation of the facility.	219

(7) "Urban renewal area" means an area of a host municipal	220
corporation that the legislative authority of the host municipal	221
corporation has, at any time, designated as appropriate for an	222
urban renewal project pursuant to Chapter 725. of the Revised	223
Code.	224

(B) The board of county commissioners of a county, a port	225
authority, and a host municipal corporation may enter into a	226
cooperative agreement with a corporation, under which:	227

(1) The board of county commissioners agrees to do all of the	228
following:	229

(a) Levy a tax under division (D) of section 5739.09 of the	230
Revised Code exclusively for the purposes described in divisions	231
(B)(1)(c) and (d) of this section;	232

(b) Issue general obligation bonds of the county, or notes in	233
anticipation thereof, pursuant to Chapter 133. of the Revised	234
Code, for the purpose of acquiring, constructing, and equipping	235
the port authority educational and cultural facility and	236
contribute the proceeds from the issuance to the port authority	237
for such purpose. The cooperative agreement may provide that such	238
proceeds be deposited with and administered by the trustee	239
pursuant to the trust agreement provided for in division (C) of	240
this section.	241

(c) Following the issuance, sale, and delivery of the port	242
authority revenue bonds provided for in division (B)(2)(a) of this	243
section, and prior to the date certain stated in the cooperative	244
agreement which shall be the date estimated for the completion of	245
construction of the port authority educational and cultural	246
facility, pledge and contribute to the port authority revenue from	247
the tax levied pursuant to division (B)(1)(a) of this section,	248
together with any investment earnings on that revenue, to pay a	249
portion of the costs of acquiring, constructing, and equipping the	250
port authority educational and cultural facility;	251

(d) Following such date certain, pledge and contribute to the	252
corporation all or such portion as provided for in the cooperative	253
agreement of the revenue from the tax, together with any	254
investment earnings on that revenue, to pay a portion of the costs	255
of the corporation of leasing the port authority educational and	256
cultural facility from the port authority.	257

(2) The port authority agrees to do all of the following:

258

(a) Issue revenue bonds of the port authority pursuant to	259
Chapter 4582. of the Revised Code for the purpose of acquiring,	260
constructing, and equipping the port authority educational and	261
cultural facility;	262

(b) Construct the port authority educational and cultural	263
facility;	264

(c) Lease the port authority educational and cultural	265
facility to the corporation;	266

(d) To the extent provided for in the cooperative agreement	267
or the lease to the corporation, authorize the corporation to	268
administer on behalf of the port authority the contracts for	269
acquiring, constructing, or equipping a port authority educational	270
and cultural facility;	271

(e) Use the revenue derived from the lease of the port	272
authority educational and cultural facility to the corporation	273
solely to pay debt service charges on the revenue bonds of the	274
port authority described in division (B)(2)(a) of this section.	275

(3) The host municipal corporation agrees to do both of the	276
following:	277

(a) Issue urban renewal bonds of the host municipal	278
corporation, or notes in anticipation thereof, pursuant to Chapter	279
725. of the Revised Code for the purpose of acquiring and	280
constructing the port authority educational and cultural facility	281
and contribute the proceeds from the issuance to the port	282
authority for such purpose. The cooperative agreement may provide	283
that such proceeds be deposited with and administered by the	284
trustee pursuant to the trust agreement provided for in division	285
(C) of this section.	286

(b) To the extent provided for in the cooperative agreement,	287
contribute to the county, for use by the county to pay debt	288
service charges on the bonds of the county, or notes in	289
anticipation thereof, described in division (B)(1)(b) of this	290
section, any excess urban renewal service payments pledged by the	291
host municipal corporation to the urban renewal bonds described in	292
division (B)(3)(a) of this section and not required on an annual	293
basis to pay debt service charges on the urban renewal bonds.	294

(4) The corporation agrees to do all of the following:

295

(a) Lease the port authority educational and cultural	296
facility from the port authority;	297

(b) Operate and maintain the port authority educational and	298
cultural facility pursuant to the lease;	299

(c) To the extent provided for in the cooperative agreement	300
or the lease from the port authority, administer on behalf of the	301
port authority the contracts for acquiring, constructing, or	302
equipping a port authority educational and cultural facility.	303

(C) The pledges and contributions described in divisions	304
(B)(1)(c) and (d) of this section and provided for in the	305
cooperative agreement shall be for the period stated in the	306
cooperative agreement, but shall not be in excess of the period	307
necessary to provide for the final retirement of the port	308
authority revenue bonds provided for in division (B)(2)(a) of this	309
section and any bonds issued by the port authority to refund such	310
bonds, and for the satisfaction by the port authority of any of	311
its obligations arising from any guaranty agreements,	312
reimbursement agreements, or other credit enhancement agreements	313
relating to such bonds or to the revenues pledged to such bonds.	314
The cooperative agreement shall provide for the termination of the	315
cooperative agreement including the pledges and contributions	316
described in divisions (B)(1)(c) and (d) of this section if the	317
port authority revenue bonds provided for in division (B)(2)(a) of	318
this section have not been issued, sold, and delivered within two	319
years of the effective date of the cooperative agreement.	320

The cooperative agreement shall provide that any revenue	321
bonds of the port authority shall be secured by a trust agreement	322
between the port authority and a corporate trustee that is a trust	323
company or bank having the powers of a trust company within or	324
outside the state. The county may be a party to such trust	325
agreement for the purpose of securing the pledge by the county of	326
its contribution to the corporation pursuant to division (B)(1)(d)	327
of this section. A tax levied pursuant to division (B)(1)(a) of	328
this section is not subject to diminution by initiative or	329
referendum or diminution by statute, unless provision is made	330
therein for an adequate substitute therefor reasonably	331
satisfactory to the trustee under the trust agreement that secures	332
the revenue bonds of the port authority.	333

(D) A pledge of money by a county under this section shall	334
not be net indebtedness of the county for purposes of section	335
133.07 of the Revised Code.	336

(E) If the terms of the cooperative agreement so provide, any	337
contract for the acquisition, construction, or equipping of a port	338
authority educational and cultural facility shall be made in such	339
manner as is determined by the board of directors of the port	340
authority, and unless the cooperative agreement provides	341
otherwise, such a contract is not subject to division (A) of	342
section 4582.12 of the Revised Code. The port authority may take	343
the assignment of and assume any contracts for the acquisition,	344
construction, and equipping of a port authority educational and	345
cultural facility that previously have been authorized by either	346
or both the host municipal corporation or the corporation. Such	347
contracts likewise are not subject to division (A) of section	348
4582.12 of the Revised Code.	349

Any contract for the acquisition, construction, or equipping	350
of a port authority educational and cultural facility entered	351
into, assigned, or assumed pursuant to this division shall provide	352
that allthe payment of wages to laborers and mechanics employed	353
for the acquisition, construction, or equipping of the port	354
authority educational and cultural facility shall be paid at the	355
prevailing rates of wages of laborers and mechanics for the class	356
of work called for by the port authority educational and cultural	357
facility, whichis subject to sections 4115.03 to 4115.21 and	358
4115.99 of the Revised Code. When required by those sections, such	359
wages shall be determined in accordance with the requirements of	360
Chapter 4115. of the Revised Codethose sections for the	361
determination of prevailing wage rates.	362

Sec. 307.673.  This section applies only in a county in which	363
a tax is levied under section 307.697, 4301.421, 5743.024, or	364
5743.323 of the Revised Code on the effective date of this	365
amendmentJuly 19, 1995.	366

(A) As used in this section:

367

(1) "County taxes" means taxes levied by a board of county	368
commissioners under division (D) of section 307.697, division (B)	369
of section 4301.421, division (C) of section 5743.024, and section	370
5743.323 of the Revised Code.	371

(2) "Corporation" means a nonprofit corporation organized	372
under the laws of this state and that includes among the purposes	373
for which it is incorporated the authority to acquire, construct,	374
renovate, equip, lease, manage, or operate a sports facility.	375

(3) "Cooperative agreement" means an agreement entered into	376
pursuant to this section.	377

(4) "Cost of a sports facility" means the cost of acquiring,	378
constructing, renovating, equipping, or improving one or more	379
sports facilities, including reconstructing, rehabilitating,	380
remodeling, and enlarging; the cost of equipping and furnishing	381
such a facility; and all financing costs pertaining thereto,	382
including the cost of engineering, architectural, and other	383
professional services, designs, plans, specifications and surveys,	384
and estimates of costs; the costs of refinancing obligations	385
issued by, or reimbursement of money advanced by, the parties to	386
the cooperative agreement or other persons, the proceeds of which	387
obligations were used to pay the costs of the sports facility; the	388
cost of tests and inspections; the cost of any indemnity or surety	389
bonds and premiums on insurance, all related direct and	390
administrative costs pertaining thereto, fees and expenses of	391
trustees, depositories, and paying agents for the obligations,	392
capitalized interest on the obligations, amounts necessary to	393
establish reserves as required by the obligation proceedings, the	394
reimbursement of money advanced or applied by the parties to the	395
cooperative agreement or other persons for the payment of any item	396
of costs of the sports facility, and all other expenses necessary	397
or incident to planning or determining the feasibility or	398
practicability with respect to the sports facility; and any other	399
such expenses as may be necessary or incident to the acquisition,	400
construction, reconstruction, rehabilitation, remodeling,	401
renovation, enlargement, improvement, equipping, and furnishing of	402
the sports facility, the financing of the sports facility, placing	403
the sports facility in use and operation, including any one, part	404
of, or combination of such classes of costs and expenses.	405

(5) "Financing costs" has the same meaning as in section	406
133.01 of the Revised Code.	407

(6) "Obligations" means obligations issued or incurred to pay	408
the cost of a sports facility, including bonds, notes,	409
certificates of indebtedness, commercial paper, and other	410
instruments in writing, anticipatory securities as defined in	411
section 133.01 of the Revised Code, issued or incurred by an	412
issuer pursuant to Chapter 133. or 4582. of the Revised Code or	413
this section, or otherwise, to evidence the issuer's obligation to	414
repay borrowed money, or to pay interest, by, or to pay at any	415
future time other money obligations of, the issuer of the	416
obligations, including obligations of an issuer or lessee to make	417
payments under an installment sale, lease, lease-purchase, or	418
similar agreement.	419

(7) "Owner" means any person that owns or operates a	420
professional athletic or sports team, that is party to a	421
cooperative agreement, or that has a lease or other agreement with	422
a party to a cooperative agreement, and that commits to use the	423
sports facility that is the subject of the cooperative agreement	424
for all of the team's home games for the period specified in that	425
agreement.	426

(8) "Payments," when used with reference to obligations,	427
means payments of the principal, including any mandatory sinking	428
fund deposits and mandatory redemption payments, interest and any	429
redemption premium, and lease rentals, lease-purchase payments and	430
other amounts payable under obligations in the form of installment	431
sale, lease, lease-purchase, or similar agreements.	432

(9) "Person" has the same meaning as defined in section	433
133.01 of the Revised Code.	434

(10) "Port authority" means a port authority created under	435
Chapter 4582. of the Revised Code.	436

(11) "Sports facility" means a facility, including a stadium,	437
that is intended to house or provide a site for one or more major	438
league professional athletic or sports teams or activities,	439
together with all spectator facilities, parking facilities,	440
walkways, and auxiliary facilities, real and personal property,	441
property rights, easements, leasehold estates, and interests that	442
may be appropriate for, or used in connection with, the operation	443
of the sports facility.	444

(B) The board of county commissioners of a county, the	445
legislative authority of a municipal corporation, a port	446
authority, a corporation, and an owner, or any combination	447
thereof, may enter into one or more cooperative agreements under	448
which the parties enter into one or more of the agreements	449
described in divisions (B)(1) to (5) of this section.	450

(1) The board of county commissioners agrees to do one or	451
more of the following:	452

(a) Levy a tax under division (D) of section 307.697,	453
division (B) of section 4301.421, division (C) of section	454
5743.024, and section 5743.323 of the Revised Code and make	455
available all or a portion of the revenue from those taxes for the	456
payment of the cost of the sports facility or to make payments on	457
obligations;	458

(b) Issue or incur obligations of the county pursuant to	459
Chapter 133. of the Revised Code or this section;	460

(c) Make available all or a portion of the revenue from those	461
taxes or of the proceeds from the issuance of those obligations to	462
the municipal corporation, port authority, corporation, or	463
otherwise for the payment of the cost of a sports facility or the	464
payment of obligations;	465

(d) Acquire, construct, renovate, equip, lease to or from	466
another person, and operate, directly or by a lease or management	467
contract with another person, one or more sports facilities;	468

(e) To the extent provided in the cooperative agreement or a	469
lease with respect to a sports facility, authorize the municipal	470
corporation, port authority, corporation, or owner to administer	471
contracts for designing, planning, acquiring, constructing,	472
renovating, or equipping a sports facility.	473

(2) The port authority agrees to do one or more of the	474
following:	475

(a) Issue or incur obligations of the port authority pursuant	476
to Chapter 133. or 4582. of the Revised Code or this section;	477

(b) Make available all or a portion of the proceeds from the	478
issuance of those obligations to the municipal corporation,	479
county, or corporation for the payment of the cost of a sports	480
facility or the payment of obligations;	481

(c) Acquire, construct, renovate, equip, lease to or from	482
another person, and operate, directly or by a lease or management	483
contract with another person, one or more sports facilities;	484

(d) To the extent provided in the cooperative agreement or a	485
lease with respect to a sports facility, authorize the municipal	486
corporation, county, corporation, or owner to administer contracts	487
for designing, planning, acquiring, constructing, renovating, or	488
equipping a sports facility.	489

(3) The legislative authority of the municipal corporation	490
agrees to do one or more of the following:	491

(a) Make available the revenue from taxes levied by the	492
legislative authority for the payment of the cost of a sports	493
facility or to make payments on obligations;	494

(b) Issue or incur obligations of the municipal corporation	495
pursuant to Chapter 133. of the Revised Code or otherwise;	496

(c) Make available all or a portion of the proceeds from the	497
issuance of those obligations to the county, port authority,	498
corporation, or otherwise for the payment of the cost of a sports	499
facility or the payment of obligations;	500

(d) Acquire, construct, renovate, equip, lease to or from	501
another person, and operate, directly or by a lease or management	502
contract with another person, one or more sports facilities;	503

(e) To the extent provided in the cooperative agreement or a	504
lease with respect to a sports facility, authorize the county,	505
port authority, corporation, or owner to administer contracts for	506
designing, planning, acquiring, constructing, renovating, or	507
equipping a sports facility.	508

(4) The corporation agrees to do one or more of the	509
following:	510

(a) Issue or incur obligations;

511

(b) Make available all or a portion of the proceeds from the	512
issuance of those obligations to the county, port authority,	513
municipal corporation, or otherwise for the payment of the cost of	514
a sports facility or the payment of obligations;	515

(c) Acquire, construct, renovate, equip, lease to or from	516
another person, and operate, directly or by a lease or management	517
contract with another person, one or more sports facilities;	518

(d) To the extent provided in the cooperative agreement or a	519
lease with respect to a sports facility, agree that the	520
corporation will administer contracts for designing, planning,	521
acquiring, constructing, renovating, or equipping a sports	522
facility.	523

(5) The owner agrees to do one or more of the following:

524

(a) Use the sports facility that is the subject of the	525
cooperative agreement for all of the home games of the owner's	526
professional athletic or sports team for a specified period;	527

(b) Administer contracts for designing, planning, acquiring,	528
constructing, renovating, or equipping a sports facility.	529

(C) Any obligations may be secured by a trust agreement	530
between the issuer of obligations and a corporate trustee that is	531
a trust company or bank having the powers of a trust company in or	532
outside this state and authorized to exercise corporate trust	533
powers in this state. Proceeds from the issuance of any	534
obligations or the taxes levied and collected by any party to the	535
cooperative agreement may be deposited with and administered by a	536
trustee pursuant to the trust agreement.	537

(D) Any contract for the acquisition, construction,	538
renovation, or equipping of a sports facility entered into,	539
assigned, or assumed under this section shall provide that allthe	540
payment of wages to laborers and mechanics employed in the	541
acquisition, construction, renovation, or equipping of the sports	542
facility shall be paid at the prevailing rates of wages of	543
laborers and mechanics for the class of work called for, as those	544
is subject to sections 4115.03 to 4115.21 and 4115.99 of the	545
Revised Code. When required by those sections, such wages are	546
shall be determined in accordance with Chapter 4115. of the	547
Revised Codethose sections.	548

Sec. 1551.13.  The director of development shall not enter	549
into any agreement for undertaking or making grants of any funds	550
or otherwise participate in any project or energy resource	551
development facility unless the agreement or the contract,	552
resolution, or other written document setting forth the	553
participation of the department of development specifies that all	554
the payment of wages paid to laborers and mechanics employed for	555
construction, reconstruction, improvement, enlargement,	556
alteration, repair, painting, decorating, or rehabilitation onof	557
any such project or facility shall be paid at the prevailing rates	558
of wages of laborers and mechanics for the class of work called	559
for by the project or facility, whichis subject to sections	560
4115.03 to 4115.21 and 4115.99 of the Revised Code. When required	561
by those sections, such wages shall be determined in accordance	562
with the requirements of Chapter 4115. of the Revised Codethose	563
sections for determination of prevailing wage rates, provided that	564
the requirements of this section do not apply where the federal	565
government or any of its agencies furnishes by loan or grant all	566
or any part of the funds used in connection with any such project	567
or facility and prescribes predetermined minimum wages to be paid	568
to such laborers and mechanics, and provided further that should	569
the user-beneficiary, other than a public authority, of the	570
project or facility undertake, as part of the project or facility,	571
construction to be performed by its regular bargaining unit	572
employees who are covered under a collective bargaining agreement	573
which was in existence prior to the date of the commitment	574
instrument setting forth the department's participation, then, and	575
in that event, the rate of pay under the collective bargaining	576
agreement may be paid to such employees.	577

Sec. 1728.07.  Every approved project shall be evidenced by a	578
financial agreement between the municipal corporation and the	579
community urban redevelopment corporation. Such agreement shall be	580
prepared by the community urban redevelopment corporation and	581
submitted as a separate part of its application for project	582
approval.	583

The financial agreement shall be in the form of a contract	584
requiring full performance within twenty years from the date of	585
completion of the project and shall, as a minimum, include the	586
following:	587

(A) That all improvements in the project to be constructed or	588
acquired by the corporation shall be exempt from taxation, subject	589
to section 1728.10 of the Revised Code;	590

(B) That the corporation shall make payments in lieu of real	591
estate taxes not less than the amount as provided by section	592
1728.11 of the Revised Code; or if the municipal corporation is an	593
impacted city, not less than the amount as provided by section	594
1728.111 of the Revised Code;	595

(C) That the corporation, its successors and assigns, shall	596
use, develop, and redevelop the real property of the project in	597
accordance with, and for the period of, the community development	598
plan approved by the governing body of the municipal corporation	599
for the blighted area in which the project is situated and shall	600
so bind its successors and assigns by appropriate agreements and	601
covenants running with the land enforceable by the municipal	602
corporation.	603

(D) If the municipal corporation is an impacted city, the	604
extent of the undertakings and activities of the corporation for	605
the elimination and for the prevention of the development or	606
spread of blight.	607

(E) That the corporation or the municipal corporation, or	608
both, shall provide for carrying out relocation of persons,	609
families, business concerns, and others displaced by the project,	610
pursuant to a relocation plan, including the method for the	611
relocation of residents in decent, safe, and sanitary dwelling	612
accommodations, and reasonable moving costs, determined to be	613
feasible by the governing body of the municipal corporation. Where	614
the relocation plan is carried out by the corporation, its	615
officers, employees, agents, or lessees, the municipal corporation	616
shall enforce and supervise the corporation's compliance with the	617
relocation plan. If the corporation refuses or fails to comply	618
with the relocation plan and the municipal corporation fails or	619
refuses to enforce compliance with such plan, the director of	620
development may request the attorney general to commence a civil	621
action against the municipality and the corporation to require	622
compliance with such relocation plan. Prior to requesting action	623
by the attorney general the director shall give notice of the	624
proposed action to the municipality and the corporation, provide	625
an opportunity to such municipality and corporation for	626
discussions on the matter, and allow a reasonable time in which	627
the corporation may begin compliance with the relocation plan, or	628
the municipality may commence enforcement of the relocation plan.	629

(F) That the corporation shall submit annually, within ninety	630
days after the close of its fiscal year, its auditor's reports to	631
the mayor and governing body of the municipal corporation;	632

(G) That the corporation shall, upon request, permit	633
inspection of property, equipment, buildings, and other facilities	634
of the corporation, and also permit examination and audit of its	635
books, contracts, records, documents, and papers by authorized	636
representatives of the municipal corporation;	637

(H) That in the event of any dispute between the parties the	638
matters in controversy shall be resolved by arbitration in the	639
manner provided therein;	640

(I) That operation under the financial agreement is	641
terminable by the corporation in the manner provided by Chapter	642
1728. of the Revised Code;	643

(J) That the corporation shall, at all times prior to the	644
expiration or other termination of the financial agreement, remain	645
bound by Chapter 1728. of the Revised Code;	646

(K) That allthe payment of wages paid to laborers and	647
mechanics employed for work on such projects, other than for	648
residential structures containing seven or less family units,	649
shall be paid at the prevailing rates of wages of laborers and	650
mechanics for the class of work called for by the project, which	651
is subject to sections 4115.03 to 4115.21 and 4115.99 of the	652
Revised Code. When required by those sections, such wages shall be	653
determined in accordance with the requirements of Chapter 4115. of	654
the Revised Codethose sections for determination of prevailing	655
wage rates, provided that the requirements of this division do not	656
apply where the federal government or any of its agencies	657
furnishes by law or grant all or any part of the funds used in	658
connection with such project and prescribes predetermined minimum	659
wages to be paid to such laborers and mechanics.	660

Modifications of the financial agreement may from time to	661
time be made by agreement between the governing body of the	662
municipal corporation and the community urban redevelopment	663
corporation.	664

Sec. 3706.042.  The Ohio air quality development authority	665
shall not enter into any loan agreement or grant any funds for any	666
project unless laborers and mechanics employed on such projects	667
are paid at the prevailing rates of wages of laborers and	668
mechanics for the class of work called for by such project, which	669
in accordance with sections 4115.03 to 4115.21 and 4115.99 of the	670
Revised Code. When required by those sections, such wages shall be	671
determined in accordance with the requirements of Chapter 4115. of	672
the Revised Codethose sections for determination of prevailing	673
wage rates provided that the requirements of this section do not	674
apply where the federal government or any of its agencies	675
furnishes by loan or grant all or any part of the funds used in	676
connection with such project and prescribes predetermined minimum	677
wages to be paid to such laborers and mechanics; and provided	678
further that should a non-public user beneficiary of the project	679
undertake, as part of the project, construction to be performed by	680
its regular bargaining unit employees who are covered under a	681
collective bargaining agreement which was in existence prior to	682
the date of the commitment instrument undertaking a loan or grant	683
of funds then, in that event, the rate of pay provided under the	684
collective bargaining agreement may be paid to such employees.	685

Sec. 4115.03.  As used in sections 4115.03 to 4115.16 of the	686
Revised Code:	687

(A) "Public authority" means any officer, board, or	688
commission of the state, or any political subdivision of the	689
state, authorized to enter into a contract for the construction of	690
a public improvement or to construct the same by the direct	691
employment of labor, or any institution supported in whole or in	692
part by public funds and said sections apply to expenditures of	693
such institutions made in whole or in part from public funds.	694

(B) "Construction" means either of the following:

695

(1) Anyany new construction of any public improvement, the	696
total overall project cost of which is fairly estimated to be more	697
than fifty thousandone million dollars adjusted biennially by the	698
director of commerce pursuant to section 4115.034 of the Revised	699
Code and performed by other than full-time employees who have	700
completed their probationary periods in the classified service of	701
a public authority;	702

(2) Any reconstruction, enlargement, alteration, repair,	703
remodeling, renovation, or painting of any public improvement, the	704
total overall project cost of which is fairly estimated to be more	705
than fifteen thousand dollars adjusted biennially by the	706
administrator pursuant to section 4115.034 of the Revised Code and	707
performed by other than full-time employees who have completed	708
their probationary period in the classified civil service of a	709
public authority.	710

(C) "Public improvement" includes all buildings, roads,	711
streets, alleys, sewers, ditches, sewage disposal plants, water	712
works, and all other structures or works constructed by a public	713
authority of the state or any political subdivision thereof or by	714
any person who, pursuant to a contract with a public authority,	715
constructs any structure for a public authority of the state or a	716
political subdivision thereof. When a public authority rents or	717
leases a newly constructed structure within six months after	718
completion of such construction, all work performed on such	719
structure to suit it for occupancy by a public authority is a	720
"public improvement." "Public improvement" does not include an	721
improvement authorized by section 1515.08 of the Revised Code that	722
is constructed pursuant to a contract with a soil and water	723
conservation district, as defined in section 1515.01 of the	724
Revised Code, or performed as a result of a petition filed	725
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code,	726
wherein no less than seventy-five per cent of the project is	727
located on private land and no less than seventy-five per cent of	728
the cost of the improvement is paid for by private property owners	729
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised	730
Code.	731

(D) "Locality" means the county wherein the physical work	732
upon any public improvement is being performed.	733

(E) "Prevailing wages" means the sum of the following:

734

(1) The basic hourly rate of pay;

735

(2) The rate of contribution irrevocably made by a contractor	736
or subcontractor to a trustee or to a third person pursuant to a	737
fund, plan, or program;	738

(3) The rate of costs to the contractor or subcontractor	739
which may be reasonably anticipated in providing the following	740
fringe benefits to laborers and mechanics pursuant to an	741
enforceable commitment to carry out a financially responsible plan	742
or program which was communicated in writing to the laborers and	743
mechanics affected:	744

(a) Medical or hospital care or insurance to provide such;

745

(b) Pensions on retirement or death or insurance to provide	746
such;	747

(c) Compensation for injuries or illnesses resulting from	748
occupational activities if it is in addition to that coverage	749
required by Chapters 4121. and 4123. of the Revised Code;	750

(d) Supplemental unemployment benefits that are in addition	751
to those required by Chapter 4141. of the Revised Code;	752

(e) Life insurance;

753

(f) Disability and sickness insurance;

754

(g) Accident insurance;

755

(h) Vacation and holiday pay;

756

(i) Defraying of costs for apprenticeship or other similar	757
training programs which are beneficial only to the laborers and	758
mechanics affected;	759

(j) Other bona fide fringe benefits.

760

None of the benefits enumerated in division (E)(3) of this	761
section may be considered in the determination of prevailing wages	762
if federal, state, or local law requires contractors or	763
subcontractors to provide any of such benefits.	764

(F) "Interested party," with respect to a particular public	765
improvement, means:	766

(1) Any person who submits a bid for the purpose of securing	767
the award of a contract for construction of the public	768
improvement;	769

(2) Any person acting as a subcontractor of a person	770
mentioned in division (F)(1) of this section;	771

(3) Any bona fide organization of labor which has as members	772
or is authorized to represent employees of a person mentioned in	773
division (F)(1) or (2) of this section and which exists, in whole	774
or in part, for the purpose of negotiating with employers	775
concerning the wages, hours, or terms and conditions of employment	776
of employees;	777

(4) Any association having as members any of the persons	778
mentioned in division (F)(1) or (2) of this section.	779

(G) Except as used in division (A) of this section, "officer"	780
means an individual who has an ownership interest or holds an	781
office of trust, command, or authority in a corporation, business	782
trust, partnership, or association.	783

Sec. 4115.033.  No public authority shall subdivide a public	784
improvement project into component parts or projects, the cost of	785
which is fairly estimated to be less than the threshold levels	786
level set forth in divisionsdivision (B)(1) and (2) of section	787
4115.03 of the Revised Code, unless the projects are conceptually	788
separate and unrelated to each other, or encompass independent and	789
unrelated needs of the public authority.	790

Sec. 4115.10.  (A) No person, firm, corporation, or public	791
authority that constructs a public improvement with its own	792
forces, the total overall project cost of which is fairly	793
estimated to be more than the amountsamount set forth in division	794
(B)(1) or (2) of section 4115.03 of the Revised Code, adjusted	795
biennially by the director of commerce pursuant to section	796
4115.034 of the Revised Code, shall violate the wage provisions of	797
sections 4115.03 to 4115.16 of the Revised Code, or suffer,	798
permit, or require any employee to work for less than the rate of	799
wages so fixed, or violate the provisions of section 4115.07 of	800
the Revised Code. Any employee upon any public improvement, except	801
an employee to whom or on behalf of whom restitution is made	802
pursuant to division (C) of section 4115.13 of the Revised Code,	803
who is paid less than the fixed rate of wages applicable thereto	804
may recover from such person, firm, corporation, or public	805
authority that constructs a public improvement with its own forces	806
the difference between the fixed rate of wages and the amount paid	807
to the employee and in addition thereto a sum equal to twenty-five	808
per cent of that difference. The person, firm, corporation, or	809
public authority who fails to pay the rate of wages so fixed also	810
shall pay a penalty to the director of seventy-five per cent of	811
the difference between the fixed rate of wages and the amount paid	812
to the employees on the public improvement. The director shall	813
deposit all moneys received from penalties paid to the director	814
pursuant to this section into the penalty enforcement fund, which	815
is hereby created in the state treasury. The director shall use	816
the fund for the enforcement of sections 4115.03 to 4115.16 of the	817
Revised Code. The employee may file suit for recovery within	818
ninety days of the director's determination of a violation of	819
sections 4115.03 to 4115.16 of the Revised Code or is barred from	820
further action under this division. WhereIf the employee prevails	821
in a suit, the employer shall pay the costs and reasonable	822
attorney's fees allowed by the court.	823

(B) Any employee upon any public improvement who is paid less	824
than the prevailing rate of wages applicable thereto may file a	825
complaint in writing with the director upon a form furnished by	826
the director. The complaint shall include documented evidence to	827
demonstrate that the employee was paid less than the prevailing	828
wage in violation of this chapter. Upon receipt of a properly	829
completed written complaint of any employee paid less than the	830
prevailing rate of wages applicable, the director shall take an	831
assignment of a claim in trust for the assigning employee and	832
bring any legal action necessary to collect the claim. The	833
employer shall pay the costs and reasonable attorney's fees	834
allowed by the court if the employer is found in violation of	835
sections 4115.03 to 4115.16 of the Revised Code.	836

(C) If after investigation pursuant to section 4115.13 of the	837
Revised Code, the director determines there is a violation of	838
sections 4115.03 to 4115.16 of the Revised Code and a period of	839
sixty days has elapsed from the date of the determination, and if:	840

(1) No employee has brought suit pursuant to division (A) of	841
this section;	842

(2) No employee has requested that the director take an	843
assignment of a wage claim pursuant to division (B) of this	844
section;.	845

The director shall bring any legal action necessary to	846
collect any amounts owed to employees and the director. The	847
director shall pay over to the affected employees the amounts	848
collected to which the affected employees are entitled under	849
division (A) of this section. In any action in which the director	850
prevails, the employer shall pay the costs and reasonable	851
attorney's fees allowed by the court.	852

(D) Where persons are employed and their rate of wages has	853
been determined as provided in section 4115.04 of the Revised	854
Code, no person, either for self or any other person, shall	855
request, demand, or receive, either before or after the person is	856
engaged, that the person so engaged pay back, return, donate,	857
contribute, or give any part or all of the person's wages, salary,	858
or thing of value, to any person, upon the statement,	859
representation, or understanding that failure to comply with such	860
request or demand will prevent the procuring or retaining of	861
employment, and no person shall, directly or indirectly, aid,	862
request, or authorize any other person to violate this section.	863
This division does not apply to any agent or representative of a	864
duly constituted labor organization acting in the collection of	865
dues or assessments of such organization.	866

(E) The director shall enforce sections 4115.03 to 4115.16 of	867
the Revised Code.	868

(F) For the purpose of supplementing existing resources and	869
to assist in enforcing division (E) of this section, the director	870
may contract with a person registered as a public accountant under	871
Chapter 4701. of the Revised Code to conduct an audit of a person,	872
firm, corporation, or public authority.	873

Sec. 4582.12.  (A) Except as otherwise provided in division	874
(E) of section 307.671 of the Revised Code, division (A) of this	875
section does not apply to a port authority educational and	876
cultural facility acquired, constructed, and equipped pursuant to	877
a cooperative agreement entered into under section 307.671 of the	878
Revised Code.	879

Except as provided in division (C) of this section, when the	880
cost of a contract for the construction of any building,	881
structure, or other improvement undertaken by a port authority	882
involves an expenditure exceeding twenty-five thousand dollars and	883
the port authority is the contracting entity, the port authority	884
shall make a written contract after notice calling for bids for	885
the award of the contract has been given by publication twice,	886
with at least seven days between publications, in a newspaper of	887
general circulation in the area of the jurisdiction of the port	888
authority. Each such contract shall be let to the lowest	889
responsive and responsible bidder in accordance with section 9.312	890
of the Revised Code. Every contract let shall be in writing and if	891
the contract involves work or construction, it shall be	892
accompanied by or shall refer to plans and specifications for the	893
work to be done, prepared for and approved by the port authority,	894
signed by an authorized officer of the port authority and by the	895
contractor, and shall be executed in triplicate.	896

Each bid shall be awarded in accordance with sections 153.54,	897
153.57, and 153.571 of the Revised Code.	898

The port authority may reject any and all bids.

899

(B) The board of directors of a port authority by rule may	900
provide criteria for the negotiation and award without competitive	901
bidding of any contract as to which the port authority is the	902
contracting entity for the construction of any building,	903
structure, or other improvement under any of the following	904
circumstances:	905

(1) There exists a real and present emergency that threatens	906
damage or injury to persons or property of the port authority or	907
other persons, provided that a statement specifying the nature of	908
the emergency that is the basis for the negotiation and award of a	909
contract without competitive bidding shall be signed by the	910
officer of the port authority that executes that contract at the	911
time of the contract's execution and shall be attached to the	912
contract.	913

(2) A commonly recognized industry or other standard or	914
specification does not exist and cannot objectively be articulated	915
for the improvement.	916

(3) The contract is for any energy conservation measure as	917
defined in section 307.041 of the Revised Code.	918

(4) With respect to material to be incorporated into the	919
improvement, only a single source or supplier exists for the	920
material.	921

(5) A single bid is received by the port authority after	922
complying with the provisions of division (A) of this section.	923

(C)(1) If a contract is to be negotiated and awarded without	924
competitive bidding for the reason set forth in division (B)(2) of	925
this section, the port authority shall publish a notice calling	926
for technical proposals at least twice, with at least seven days	927
between publications, in a newspaper of general circulation in the	928
area of the port authority. After receipt of the technical	929
proposals, the port authority may negotiate with and award a	930
contract for the improvement to the proposer making the proposal	931
considered to be the most advantageous to the port authority.	932

(2) If a contract is to be negotiated and awarded without	933
competitive bidding for the reason set forth in division (B)(4) of	934
this section, any construction activities related to the	935
incorporation of the material into the improvement also may be	936
provided without competitive bidding by the source or supplier of	937
that material.	938

(D) No contract for the construction or repair of any	939
building, structure, or other improvement and no loan agreement	940
for the borrowing of funds for any such improvement undertaken by	941
a port authority, where the port authority is the contracting	942
entity, shall be executed unless laborers and mechanics employed	943
on such improvements are paid at the prevailing rates of wages of	944
laborers and mechanics for the class of work called for by the	945
improvement. Thein accordance with sections 4115.03 to 4115.21	946
and 4115.99 of the Revised Code. When required by those sections,	947
such wages shall be determined in accordance with the requirements	948
of Chapter 4115. of the Revised Codethose sections for the	949
determination of prevailing wage rates, provided that the	950
requirements of this section do not apply where the federal	951
government or any of its agencies furnishes by loan or grant all	952
or any part of the funds used in connection with such project and	953
prescribes predetermined minimum wages to be paid to the laborers	954
and mechanics.	955

Sec. 4582.37.  No port authority shall enter into any	956
contract for the construction or repair of any port authority	957
facility and no loan agreement for the borrowing of funds for any	958
such port authority facility undertaken by a port authority shall	959
be executed unless laborers and mechanics employed on the facility	960
are paid at the prevailing rates of wages of laborers and	961
mechanics for the class of work called for by the facility, which	962
in accordance with sections 4115.03 to 4115.21 and 4115.99 of the	963
Revised Code. When required by those sections, such wages shall be	964
determined in accordance with the requirements of Chapter 4115. of	965
the Revised Codethose sections for determination of prevailing	966
wage rates, provided that the requirements of this section do not	967
apply where the federal government or any of its agencies	968
furnishes by loan or grant all or any part of the funds used in	969
connection with the facility and prescribes predetermined minimum	970
wages to be paid to the laborers and mechanics; and provided	971
further that should a nonpublic user beneficiary of the facility	972
undertake construction to be performed by its regular bargaining	973
unit employees who are covered under a collective bargaining	974
agreement that was in existence prior to the commitment instrument	975
undertaking a loan or grant of funds then, in that event, the rate	976
of pay provided under the collective bargaining agreement may be	977
paid to such employees.	978

Except as provided in this section, construction on any port	979
authority facility to which this section applies is hereby deemed	980
to be construction of a public improvement within section 4115.03	981
of the Revised Code. All contractors and subcontractors working on	982
such projects, facilities, or port authority facilities shall be	983
subject to and comply with sections 4115.03 to 4115.16 of the	984
Revised Code, and the director of commerce shall, and any	985
interested party may, bring proceedings under those sections to	986
enforce compliance. The director shall make the determination of	987
wages as required under this section and shall designate one of	988
the director's employees to act as the prevailing wage coordinator	989
under section 4115.071 of the Revised Code for any project,	990
facility, or port authority facility for which a coordinator has	991
not been designated by any port authority.	992

Sec. 4981.23.  No bonds shall be issued under sections	993
4981.11 to 4981.26 of the Revised Code unless the resolution	994
authorizing such issuance of bonds specifies that allthe payment	995
of wages paid to laborers and mechanics employed on such projects	996
for which the bonds are issued shall be paid at the prevailing	997
rates of wages of laborers and mechanics for the class of work	998
called for by such project, whichis subject to sections 4115.03	999
to 4115.21 and 4115.99 of the Revised Code. When required by those	1000
sections, such wages shall be determined in accordance with the	1001
requirements of Chapter 4115. of the Revised Codethose sections	1002
for determination of prevailing wage rates, provided that the	1003
requirements of this section do not apply where the federal	1004
government or any of its agencies furnished by loan or grant all	1005
or any part of the funds used in connection with such project and	1006
prescribes predetermined minimum wages to be paid to such laborers	1007
and mechanics; and provided further that should a nonpublic user	1008
beneficiary of the project undertake, as part of the project,	1009
construction to be performed by its regular bargaining unit	1010
employees who are covered under a collective bargaining agreement	1011
which was in existence prior to the date of the commitment	1012
instrument undertaking to issue bonds then, in that event, the	1013
rate of pay provided under the collective bargaining agreement may	1014
be paid to such employees.	1015

Sec. 6117.012.  (A) A board of county commissioners may adopt	1016
rules requiring owners of property within the district whose	1017
property is served by a connection to sewers maintained and	1018
operated by the board or to sewers that are connected to	1019
interceptor sewers maintained and operated by the board to do any	1020
of the following:	1021

(1) Disconnect storm water inflows to sanitary sewers	1022
maintained and operated by the board and not operated as a	1023
combined sewer, or to connections with those sewers;	1024

(2) Disconnect non-storm water inflows to storm water sewers	1025
maintained and operated by the board and not operated as a	1026
combined sewer, or to connections with those storm water sewers;	1027

(3) Reconnect or relocate any such disconnected inflows in	1028
compliance with board rules and applicable building codes, health	1029
codes, or other relevant codes;	1030

(4) Prevent sewer back-ups into properties that have	1031
experienced one or more back-ups of sanitary or combined sewers	1032
maintained and operated by the board;	1033

(5) Prevent storm water from entering a combined sewer and	1034
causing an overflow or an inflow to a sanitary sewer, which	1035
prevention may include projects or programs that separate the	1036
storm water from a combined sewer or that utilize a prevention	1037
or replacement facility to prevent or minimize storm water from	1038
entering a combined sewer or a sanitary sewer.	1039

(B) Any inflow required to be disconnected or any sewer	1040
back-up required to be prevented under a rule adopted pursuant to	1041
divisions (A)(1) to (4) of this section constitutes a nuisance	1042
subject to injunctive relief and abatement pursuant to Chapter	1043
3767. of the Revised Code or as otherwise permitted by law.	1044

(C) A board of county commissioners may use sewer district	1045
funds; county general fund moneys; the proceeds of bonds issued	1046
under Chapter 133. or 165. of the Revised Code; and, to the extent	1047
permitted by their terms, loans, grants, or other moneys from	1048
appropriate state or federal funds, for either of the following:	1049

(1) The cost of disconnections, reconnections, relocations,	1050
combined sewer overflow prevention, or sewer back-up prevention	1051
required by rules adopted pursuant to division (A) of this	1052
section, performed by the county or under contract with the	1053
county;	1054

(2) Payments to the property owner or a contractor hired by	1055
the property owner pursuant to a competitive process established	1056
by district rules, for the cost of disconnections, reconnections,	1057
relocations, combined sewer overflow prevention, or sewer back-up	1058
prevention required by rules adopted pursuant to division (A) of	1059
this section after the board, pursuant to its rules, has approved	1060
the work to be performed and after the county has received from	1061
the property owner a statement releasing the county from all	1062
liability in connection with the disconnections, reconnections,	1063
relocations, combined sewer overflow prevention, or sewer back-up	1064
prevention.	1065

(D) Except as provided in division (E) of this section, the	1066
board of county commissioners shall require in its rules regarding	1067
disconnections, reconnections, relocations of sewers, combined	1068
sewer overflow prevention, or sewer back-up prevention the	1069
reimbursement of moneys expended pursuant to division (C) of this	1070
section by either of the following methods:	1071

(1) A charge to the property owner in the amount of the	1072
payment made pursuant to division (C) of this section for	1073
immediate payment or payment in installments with interest as	1074
determined by the board not to exceed ten per cent, which payments	1075
may be billed as a separate item with the rents charged to that	1076
owner for use of the sewers. The board may approve installment	1077
payments for a period of not more than fifteen years. If charges	1078
are to be paid in installments, the board shall certify to the	1079
county auditor information sufficient to identify each subject	1080
parcel of property, the total of the charges to be paid in	1081
installments, and the total number of installments to be paid. The	1082
auditor shall record the information in the sewer improvement	1083
record until these charges are paid in full. Charges not paid when	1084
due shall be certified to the county auditor, who shall place the	1085
charges upon the real property tax list and duplicate against that	1086
property. Those charges shall be a lien on the property from the	1087
date they are placed on the tax list and duplicate and shall be	1088
collected in the same manner as other taxes.	1089

(2) A special assessment levied against the property, payable	1090
in the number of years the board determines, not to exceed fifteen	1091
years, with interest as determined by the board not to exceed ten	1092
per cent. The board shall certify the assessments to the county	1093
auditor, stating the amount and time of payment. The auditor shall	1094
record the information in the county sewer improvement record,	1095
showing separately the assessments to be collected, and shall	1096
place the assessments upon the real property tax list and	1097
duplicate for collection. The assessments shall be a lien on the	1098
property from the date they are placed on the tax list and	1099
duplicate and shall be collected in the same manner as other	1100
taxes.	1101

(E) The county may adopt a resolution specifying a maximum	1102
amount of the cost of any disconnection, reconnection,	1103
relocation, combined sewer overflow prevention, or sewer back-up	1104
prevention required pursuant to division (A) of this section that	1105
may be paid by the county for each affected parcel of property	1106
without requiring reimbursement. That amount may be allowed only	1107
if there is a building code, health code, or other relevant code,	1108
or a federally imposed or state-imposed consent decree that is	1109
filed or otherwise recorded in a court of competent jurisdiction,	1110
applicable to the affected parcel that prohibits in the future any	1111
inflows, combined sewer overflows, or sewer back-ups not allowed	1112
under rules adopted pursuant to division (A)(1), (4), or (5) of	1113
this section. The board, by rule, shall establish criteria for	1114
determining how much of the maximum amount for each qualifying	1115
parcel need not be reimbursed.	1116

(F) Disconnections, reconnections, relocations, combined	1117
sewer overflow prevention, or sewer back-up prevention required	1118
under this section and performed by a contractor under contract	1119
with the property owner or by a county shall not be considered a	1120
public improvement, and those performed by the county shall be	1121
considered a public improvement as defined infor purposes of	1122
section 4115.03 of the Revised Code.	1123

Disconnections, reconnections, relocations, combined sewer	1124
overflow prevention, or sewer back-up prevention required under	1125
this section performed by a contractor under contract with the	1126
property owner shall not be subject to competitive bidding or	1127
public bond laws.	1128

(G) Property owners shall be responsible for maintaining any	1129
improvements made or facilities constructed on private property to	1130
reconnect or relocate disconnected inflows, for combined sewer	1131
overflow prevention, or for sewer back-up prevention pursuant to	1132
this section unless a public easement or other agreement exists	1133
for the county to maintain that improvement or facility.	1134

(H) A board of county commissioners may provide rate	1135
reductions of and credits against charges for the use of sewers to	1136
a property owner that implements a project or program that	1137
prevents storm water from entering a combined sewer and causing an	1138
overflow. Such a project or program may include the use of a	1139
prevention or replacement facility to handle storm water that has	1140
been separated from a combined sewer. The revised rates or charges	1141
shall be collected and paid to the county treasurer in accordance	1142
with section 6117.02 of the Revised Code.	1143

Sec. 6121.061.  The Ohio water development authority shall	1144
not issue any bonds or otherwise participate in any project	1145
authorized by this chapter or Chapter 6123. of the Revised Code	1146
unless the contract, resolution, or other written document setting	1147
forth the board's participation specifies that allthe payment of	1148
wages paid to laborers and mechanics employed on the projects	1149
shall be paid at the prevailing rates of wages of laborers and	1150
mechanics for the class of work called for by the project, which	1151
is subject to sections 4115.03 to 4115.21 and 4115.99 of the	1152
Revised Code. When required by those sections, such wages shall be	1153
determined in accordance with the requirements of Chapter 4115. of	1154
the Revised Codethose sections for determination of prevailing	1155
wage rates, provided that the requirements of this section do not	1156
apply to loans made to boards of county commissioners under	1157
division (V) of section 6121.04 of the Revised Code or where the	1158
federal government or any of its agencies furnishes by loan or	1159
grant all or any part of the funds used in connection with the	1160
project and prescribes predetermined minimum wages to be paid to	1161
the laborers and mechanics, and provided that if a non-public user	1162
beneficiary of the project undertakes, as part of the project,	1163
construction to be performed by its regular bargaining unit	1164
employees who are covered under a collective bargaining agreement	1165
that was in existence prior to the date of the commitment	1166
instrument setting forth the board's participation, the rate of	1167
pay provided under the collective bargaining agreement may be paid	1168
to those employees.	1169

Section 2.  That existing sections 122.452, 165.031, 166.02,	1170
307.671, 307.673, 1551.13, 1728.07, 3706.042, 4115.03, 4115.033,	1171
4115.10, 4582.12, 4582.37, 4981.23, 6117.012, and 6121.061 and	1172
section 4115.034 of the Revised Code are hereby repealed.	1173

Section 3.  Section 4582.37 of the Revised Code is presented	1174
in this act as a composite of the section as amended by both H.B.	1175
471 and Am. S.B. 137 of the 123rd General Assembly. The General	1176
Assembly, applying the principle stated in division (B) of section	1177
1.52 of the Revised Code that amendments are to be harmonized if	1178
reasonably capable of simultaneous operation, finds that the	1179
composite is the resulting version of the section in effect prior	1180
to the effective date of the section as presented in this act.	1181