| Section 1. That sections 5501.03, 5501.311, 5531.09, and | 9 |
|
5531.18 be
amended and sections 5539.01, 5539.02, 5539.03, | 10 |
|
5539.031, 5539.04, 5539.05, 5539.06, 5539.07, 5539.08, 5539.09, | 11 |
|
5539.10, and 5539.11 of the Revised Code be enacted to read as | 12 |
|
follows: | 13 |
| (2) Coordinate and develop, in cooperation with local,
| 19 |
|
regional, state, and federal planning agencies and authorities,
| 20 |
|
comprehensive and balanced state policy and planning to meet
| 21 |
|
present and future needs for adequate transportation facilities
in
| 22 |
|
this state, including recommendations for adequate funding of
the
| 23 |
|
implementation of such planning;
| 24 |
| (8) Prepare, print, distribute, and advertise books, maps,
| 46 |
|
pamphlets, and other information that, in the judgment of the
| 47 |
|
director, will inform the public and other governmental
| 48 |
|
departments, agencies, and authorities as to the duties, powers,
| 49 |
|
and functions of the department;
| 50 |
| (9) In its research and development program, consider
| 51 |
|
technologies for
improving roadways, including construction
| 52 |
|
techniques and materials to prolong project life, being used or
| 53 |
|
developed by
other states
that have geographic, geologic, or
| 54 |
|
climatic features similar to this state's,
and collaborate with
| 55 |
|
those states in that development.
| 56 |
| (B) Nothing contained in division (A)(1) of this section
| 57 |
|
shall
be held to in any manner affect, limit, restrict, or
| 58 |
|
otherwise
interfere with the exercise of powers relating to
| 59 |
|
transportation
facilities by appropriate agencies of the federal
| 60 |
|
government, or
by counties, municipal corporations, or other
| 61 |
|
political
subdivisions or special districts in this state
| 62 |
|
authorized by law
to exercise such powers.
| 63 |
| (D) The director of transportation may enter into
contracts | 67 |
|
with public
agencies including political subdivisions,
other | 68 |
|
state agencies, boards,
commissions, regional transit
| 69 |
authorities, county transit boards, and port
authorities,
| 70 |
| transportation innovation authorities, and any corporation
| 71 |
|
organized under the laws of Ohio, to
administer the design,
| 72 |
|
qualification of bidders,
competitive
bid
letting, construction
| 73 |
|
inspection, and acceptance of any projects
administered by the
| 74 |
|
department, provided the
administration of
such projects is
| 75 |
|
performed in accordance with all applicable
state and federal laws
| 76 |
|
and regulations with oversight by the
department.
| 77 |
| Sec. 5501.311. (A) Notwithstanding sections 123.01 and
| 78 |
|
127.16 of the Revised Code the director of transportation may
| 79 |
|
lease or lease-purchase all or any part of a transportation
| 80 |
|
facility to or
from one
or more persons, one or more governmental
| 81 |
|
agencies, a
transportation improvement district, transportation | 82 |
|
innovation authority, or any
combination thereof,
and may grant
| 83 |
|
leases, easements, or
licenses
for lands under the control of | 84 |
|
the
department of
transportation.
The director may adopt rules
| 85 |
|
necessary to give effect to this
section.
| 86 |
| (C) Any lease or lease-purchase agreement under which the
| 91 |
|
department is the
lessee shall be for a period not exceeding the
| 92 |
|
then current
two-year period for which appropriations have been
| 93 |
|
made by the
general assembly to the department, and such agreement
| 94 |
|
may
contain such other terms as the department and the other
| 95 |
|
parties
thereto agree, notwithstanding any other provision of law,
| 96 |
|
including provisions that rental payments in amounts sufficient
to
| 97 |
|
pay bond service charges payable during the current two-year
lease
| 98 |
|
term shall be an absolute and unconditional obligation of
the
| 99 |
|
department independent of all other duties under the
agreement
| 100 |
|
without set-off or deduction or any other similar
rights or
| 101 |
|
defenses. Any such agreement may provide for renewal
of the
| 102 |
|
agreement at the end of each term for another term, not
exceeding
| 103 |
|
two years, provided that no renewal shall be effective
until the
| 104 |
|
effective date of an appropriation enacted by the
general assembly
| 105 |
|
from which the department may lawfully pay
rentals under such
| 106 |
|
agreement. Any such agreement may
include, without limitation,
any
| 107 |
|
agreement by the department with
respect to any costs of
| 108 |
|
transportation facilities to be included
prior to acquisition and
| 109 |
|
construction of such transportation
facilities. Any such
agreement
| 110 |
|
shall not constitute a debt
or pledge of the faith and
credit of
| 111 |
|
the state, or of any
political subdivision of the state,
and the
| 112 |
|
lessor shall have no
right to have taxes or excises levied
by the
| 113 |
|
general assembly, or
the taxing authority of any political
| 114 |
|
subdivision of the state,
for the payment of rentals thereunder.
| 115 |
|
Any such agreement
shall contain a statement to that effect.
| 116 |
| (D) A municipal corporation, township, or county may use
| 117 |
|
service payments in
lieu of taxes credited to special funds or
| 118 |
|
accounts pursuant to sections
5709.43, 5709.75, and 5709.80 of the
| 119 |
|
Revised Code to provide its contribution
to the cost of a
| 120 |
|
transportation facility, provided such facility was among the
| 121 |
|
purposes for which such service payments were authorized. The
| 122 |
|
contribution
may be in the form of a lump sum or periodic
| 123 |
|
payments.
| 124 |
| (E) Pursuant to
the
"Telecommunications Act
of
1996,"
110
| 125 |
|
Stat. 152, 47 U.S.C. 332 note, the director may
grant a lease, | 126 |
|
easement, or license in
a
transportation facility
to a | 127 |
|
telecommunications service provider
for
construction,
placement, | 128 |
|
or operation of a telecommunications
facility. An
interest granted | 129 |
|
under this division is subject to
all of
the following
| 130 |
|
conditions:
| 131 |
| (F) In accordance with section 5501.031 of the Revised Code,
| 167 |
|
to
further efforts to promote energy conservation and energy
| 168 |
|
efficiency, the director may grant a lease, easement, or license
| 169 |
|
in a transportation facility to a utility service provider that
| 170 |
|
has received its certificate from the Ohio power siting board or
| 171 |
|
appropriate local entity for construction, placement, or operation
| 172 |
|
of an alternative energy generating facility service provider as
| 173 |
|
defined in section 4928.64 of the Revised Code. An interest
| 174 |
|
granted under this division is subject to all of the following
| 175 |
|
conditions:
| 176 |
| (H) A lease, easement, or license granted under division
(E)
| 206 |
|
or (F) of this section, and any telecommunications facility
or
| 207 |
|
alternative energy generating facility relating to
such
interest
| 208 |
|
in a transportation facility, is
hereby deemed to
further
the
| 209 |
|
essential highway purpose of
building and maintaining
a safe,
| 210 |
|
energy-efficient, and accessible
transportation system.
| 211 |
| Sec. 5531.09. (A) The state infrastructure bank shall
| 212 |
|
consist
of the highway and transit infrastructure bank fund, the
| 213 |
|
aviation
infrastructure bank fund, the rail infrastructure bank
| 214 |
fund, and the
infrastructure bank obligations fund, and the new
| 215 |
|
generation infrastructure bank funds, which are
hereby
created as
| 216 |
|
funds of the
state treasury, to be
administered by the director | 217 |
|
of
transportation and used for the
purposes described in division
| 218 |
|
(B)
of this section. The highway
and transit infrastructure bank | 219 |
|
fund,
the
aviation
infrastructure bank fund, and the rail | 220 |
|
infrastructure
bank fund
shall consist of federal grants and | 221 |
|
awards or other
assistance
received by the state and eligible for | 222 |
|
deposit therein
under
applicable federal law, payments received | 223 |
|
by the department
in
connection with providing financial | 224 |
|
assistance for qualifying
projects under division (B) of
this | 225 |
|
section, and such other
amounts as may be provided by
law. The | 226 |
|
infrastructure bank
obligations fund shall
consist of such
| 227 |
|
amounts of the proceeds of
obligations issued
under section | 228 |
|
5531.10 of the Revised Code as
the
director of
transportation | 229 |
|
determines with the advice of the
director of budget and
| 230 |
|
management; and
such other amounts as may
be provided by law.
| 231 |
| The new generation infrastructure bank funds
shall consist of | 232 |
|
such other assistance received by the state as
may be
provided | 233 |
|
by law. The director of budget and management,
upon
the
request | 234 |
|
of the director of transportation, may transfer
amounts
between
| 235 |
|
the funds
created in this division, except the
infrastructure | 236 |
|
bank obligations fund.
The investment earnings of
each fund | 237 |
|
created by this division shall be
credited to such fund.
| 238 |
| (B)(1) The director of
transportation shall use the state
| 239 |
|
infrastructure bank, except the new generation infrastructure bank
| 240 |
|
funds, to
encourage public and private investment in
| 241 |
|
transportation
facilities that contribute to the multi-modal and
| 242 |
|
intermodal
transportation capabilities of the state, develop a
| 243 |
|
variety of
financing techniques designed to expand the
| 244 |
|
availability of
funding resources and to reduce direct state
| 245 |
|
costs, maximize
private and local participation in financing
| 246 |
|
projects, and
improve
the efficiency of the state transportation
| 247 |
|
system by
using and
developing the particular advantages of each
| 248 |
|
transportation mode
to the fullest extent. In furtherance of
| 249 |
|
these purposes, the
director shall use the state infrastructure
| 250 |
|
bank to provide
financial assistance to public or private
| 251 |
|
entities for qualified
projects. Such assistance shall be in the
| 252 |
|
form of loans, loan
guarantees, letters of credit, leases,
| 253 |
|
lease-purchase
agreements,
interest rate subsidies, debt
service
| 254 |
|
reserves, and such
other
forms as the director determines to be
| 255 |
|
appropriate. All
fees,
charges, rates of interest, payment
| 256 |
|
schedules, security
for, and
other terms and conditions relating
| 257 |
|
to such assistance
shall be
determined by the director.
| 258 |
| (2) The director shall use the new generation infrastructure
| 259 |
|
bank funds to encourage transportation innovation authorities
| 260 |
|
created under Chapter 5539. of the Revised Code to invest in
| 261 |
|
transportation facilities that contribute to the multi-modal and
| 262 |
|
intermodal transportation capabilities of the state, develop a
| 263 |
|
variety of financing techniques designed to expand the
| 264 |
|
availability of funding resources and to reduce direct state
| 265 |
|
costs, maximize transportation innovation authorities'
| 266 |
|
participation in financing projects, and improve the efficiency of
| 267 |
|
the state transportation system by using and developing the
| 268 |
|
particular advantages of each transportation mode to the fullest
| 269 |
|
extent. In furtherance of these purposes, the director shall use
| 270 |
|
the new generation infrastructure bank funds to provide financial
| 271 |
|
assistance to transportation innovation authorities for qualified
| 272 |
|
projects. Such assistance shall be in the form of loans, loan
| 273 |
|
guarantees, letters of credit, leases, lease-purchase agreements,
| 274 |
|
interest rate subsidies, debt service reserves, and such other
| 275 |
|
forms of assistance as the director determines to be appropriate.
| 276 |
|
All fees, charges, rates of interest, payment schedules, security
| 277 |
|
for, and other terms and conditions relating to such assistance
| 278 |
|
shall be determined by the director. | 279 |
| (D) As used in this
section and in section 5531.10 of the
| 285 |
|
Revised Code, "qualified project" means
any
public or private
| 286 |
|
transportation project as determined by the director of
| 287 |
|
transportation,
including, without limitation, planning,
| 288 |
|
environmental impact studies, engineering, construction,
| 289 |
|
reconstruction, resurfacing, restoring,
rehabilitation, or
| 290 |
|
replacement of public or private
transportation facilities within
| 291 |
|
the state, studying the
feasibility thereof, and the acquisition
| 292 |
|
of real or personal
property or interests therein; any highway,
| 293 |
|
public transit,
aviation, rail, or other
transportation project
| 294 |
|
eligible for financing or aid under any
federal or state program;
| 295 |
|
and any project involving the
maintaining, repairing, improving,
| 296 |
|
or construction of any public
or private highway, road, street,
| 297 |
|
parkway, public
transit, aviation, or rail project,
and any
| 298 |
|
related rights-of-way, bridges, tunnels,
railroad-highway
| 299 |
|
crossings, drainage structures, signs,
guardrails, or protective
| 300 |
|
structures.
| 301 |
| (E) The general assembly finds that state infrastructure
| 302 |
|
projects, as defined in division (A)(8) of section 5531.10 of the
| 303 |
|
Revised Code, and
the state infrastructure bank, will materially
| 304 |
|
contribute to the economic
revitalization of areas of the state
| 305 |
|
and result in improving the economic
welfare of all the people of
| 306 |
|
the state. Accordingly, it is declared to be the
public purpose of
| 307 |
|
the state, through operations under sections 5531.09 and
5531.10
| 308 |
|
of the Revised Code, and other applicable laws adopted pursuant to
| 309 |
|
Section
13 of Article VIII, Ohio Constitution, and
other authority
| 310 |
|
vested in the general assembly, to assist in and facilitate
the
| 311 |
|
purposes set forth in division (B) of section 5531.10 of the
| 312 |
|
Revised Code,
and to assist and cooperate with any governmental
| 313 |
|
agency in achieving such
purposes.
| 314 |
| Sec. 5531.18. The director of transportation shall establish
| 315 |
|
a procedure whereby a political subdivision or other governmental
| 316 |
|
agency or agencies may submit a written application to the
| 317 |
|
director in accordance with Chapter 5539. of the Revised Code | 318 |
|
requesting the department of transportation to
construct and
| 319 |
|
operate a toll project within the boundaries of
the subdivision,
| 320 |
|
agency, or agencies making the request. The
procedure shall
| 321 |
|
include a requirement that the director send a
written reply to
| 322 |
|
the subdivision, agency, or agencies explaining
the disposition | 323 |
|
of
the request. The procedure established
pursuant to this | 324 |
|
section
shall not become effective unless it is
approved by the | 325 |
|
Ohio
transportation finance commission created
under section | 326 |
|
5531.12 of
the Revised Code.
| 327 |
| "Governmental agency" means a county, township, or municipal
| 329 |
|
corporation, and any agency thereof; any other political
| 330 |
|
subdivision; any county transit system, regional transit
| 331 |
|
authority, or regional transit commission created under Chapter
| 332 |
|
306. of the Revised Code; any new community authority organized
| 333 |
|
under Chapter 349. of the Revised Code; one or more municipal
| 334 |
|
corporations and one or more townships acting pursuant to a
| 335 |
|
cooperative economic development agreement entered into under
| 336 |
|
section 701.07 of the Revised Code; any joint economic development
| 337 |
|
zone or joint economic development district organized under
| 338 |
|
Chapter 715. of the Revised Code; any metropolitan planning
| 339 |
|
organization; any port authority created under Chapter 4582. of
| 340 |
|
the Revised Code; any transportation improvement district created
| 341 |
|
under Chapter 5540. of the Revised Code; the Ohio rail development
| 342 |
|
commission created under Chapter 4981. of the Revised Code; any
| 343 |
|
other public corporation, agency, or commission established
| 344 |
|
pursuant to state law; and any combination of the above. | 345 |
| "Transportation project" means a project constructed,
| 361 |
|
improved, operated, or managed under this chapter, including the
| 362 |
|
construction, reconstruction, alteration, repair, improvement,
| 363 |
|
operation, or management of any road, highway, bridge, or other
| 364 |
|
transportation facility as defined in section 5501.01 of the
| 365 |
|
Revised Code; any multimodal and intermodal systems; any public
| 366 |
|
transit system; and any freight or intercity passenger rail
| 367 |
|
system. | 368 |
| (B)
The purpose of a transportation innovation
authority
| 375 |
|
established under this chapter is to foster and
encourage the
| 376 |
|
investment of public and private resources in the
planning and
| 377 |
|
implementation of innovative transportation projects
to enhance
| 378 |
|
the efficiency of the state's transportation system,
enhance
| 379 |
|
intermodal and multimodal systems to streamline the
| 380 |
|
transportation of goods and persons, and encourage the improvement
| 381 |
|
and development of public transit systems and intercity passenger
| 382 |
|
rail service throughout the state. A transportation innovation
| 383 |
|
authority shall assist governmental agencies in the identification
| 384 |
|
of transportation needs that will foster growth and economic
| 385 |
|
development in the region conducive to the transportation projects
| 386 |
|
and shall assist in funding priority projects through cooperative
| 387 |
|
arrangements involving public and private partnerships. | 388 |
| Sec. 5539.03. (A) Subject to approval by the director of
| 389 |
|
transportation under division (B) of this section, any
| 390 |
|
governmental agency, by resolution, ordinance, or other formal
| 391 |
|
action by the appropriate legislative authority of such
| 392 |
|
governmental agency, as applicable, may enter into an agreement
| 393 |
|
with one or
more other governmental agencies proposing to form a
| 394 |
|
transportation innovation authority. The agreement between all
| 395 |
|
participating governmental agencies, at a minimum, shall do all of
| 396 |
|
the following: | 397 |
| (8) Subject to section 5539.031 of the Revised Code, require
| 418 |
|
all political subdivisions participating as
members of the
| 419 |
|
authority to agree, in a time and manner specified in the
| 420 |
|
agreement, to adopt zoning and land use
policies and laws that
| 421 |
|
are consistent with and that complement the
transportation
| 422 |
|
innovation authority priorities, objectives, and
identified
| 423 |
|
projects; | 424 |
| (10) Specify the process by which the boards or legislative | 431 |
|
authorities of member governmental agencies may ratify a | 432 |
|
transportation project and the funding thereof as recommended by | 433 |
|
the authority. The ratification process may specify the adoption | 434 |
|
by all governmental agencies, a majority of governmental agencies, | 435 |
|
the governmental agencies of the most populous jurisdictions | 436 |
|
participating in the authority, or other acceptable process. | 437 |
| (B) Upon entering into an agreement, a proposed
| 438 |
|
transportation innovation authority shall provide a copy of the
| 439 |
|
agreement to the director of transportation, who shall approve or
| 440 |
|
disapprove the agreement or suggest modifications to ensure
| 441 |
|
consistency with the purposes of this chapter. Each member shall | 442 |
|
be notified of the director's approval, disapproval, or suggested | 443 |
|
modifications, with a deadline for any action that is required to | 444 |
|
be taken. If the authority has not adopted an agreement on or | 445 |
|
before the deadline, the authority shall cease to exist. | 446 |
| Sec. 5539.031. (A) As soon as practicable after approval of | 451 |
|
an
agreement under division (C) of section 5539.03 of the | 452 |
|
Revised
Code and before engaging in any transportation project
| 453 |
|
development, a transportation innovation authority shall develop a
| 454 |
|
proposed land use plan for the area within the authority that
| 455 |
|
includes recommended changes to current land use and zoning
| 456 |
|
policies and other measures that promote land use consistent with
| 457 |
|
the authority's proposed transportation projects. The proposed
| 458 |
|
land use plan shall be submitted to each member governmental
| 459 |
|
agency and the department of transportation. The plan shall
| 460 |
|
include a document that specifically details the changes required
| 461 |
|
of each such governmental agency to that agency's current land use
| 462 |
|
and zoning policies. Upon receipt of the proposed land use plan,
| 463 |
|
the appropriate legislative authority of the governmental agency,
| 464 |
|
in the time and manner specified in the agreement adopted under
| 465 |
|
section 5539.03 of the Revised Code, shall express its intent to
| 466 |
|
take action to change its land use policies and regulations. | 467 |
| (B) Upon approval of a proposed land use plan, the authority | 468 |
|
shall develop a transportation project, including proposed funding | 469 |
|
sources for the project. The authority shall submit a draft of its | 470 |
|
proposed plan to the board of directors for approval. If approved, | 471 |
|
the members of the authority shall submit the proposed plan to | 472 |
|
their respective boards or legislative authorities, which shall | 473 |
|
take appropriate action to ratify or disapprove the proposed plan. | 474 |
|
Each such board or legislative authority shall notify the | 475 |
|
transportation innovation authority in writing of its ratification | 476 |
|
or disapproval of the proposed plan. | 477 |
| Sec. 5539.04. (A) A transportation innovation authority shall
| 478 |
|
be governed by a board of directors, the membership of which shall
| 479 |
|
be established by the governmental agencies comprising the
| 480 |
|
authority; provided, that there shall be an equal number of board
| 481 |
|
members representing each governmental agency comprising the
| 482 |
|
authority. Each member of the board serves at the pleasure of the
| 483 |
|
member's appointing authority, and the appointing authority may
| 484 |
|
remove an appointee the appointing authority has appointed at any
| 485 |
|
time and for any reason. Members of the board shall receive no
| 486 |
|
compensation but may be reimbursed for their necessary and actual
| 487 |
|
expenses incurred in the course of duties as board members. The
| 488 |
|
affirmative vote of a majority of the board is necessary to
| 489 |
|
transact business. | 490 |
| (C) A transportation innovation authority is a body both
| 496 |
|
corporate and politic. The exercise by it of the powers
| 497 |
|
conferred by this chapter are considered to be essential
| 498 |
|
governmental functions and shall be governed by all applicable | 499 |
|
state and federal laws in the planning, construction, operation, | 500 |
|
and maintenance of transportation projects proposed to be | 501 |
|
undertaken by the authority. | 502 |
| (D) Membership on the board of directors of a transportation | 503 |
|
innovation authority is not the holding of a public office or | 504 |
|
employment within the meaning of any section of the Revised Code | 505 |
|
or any municipal charter provision prohibiting the holding of | 506 |
|
other public office or employment. Membership on such a board is | 507 |
|
not a direct or indirect interest in an agreement or expenditure | 508 |
|
of money by a governmental agency with which a member may be | 509 |
|
affiliated. Notwithstanding any provision of law or a municipal | 510 |
|
charter to the contrary, no member of a board of directors of a | 511 |
|
transportation innovation authority shall forfeit or be | 512 |
|
disqualified from holding any public office or employment by | 513 |
|
reason of membership on the board. | 514 |
| (A) Sue and be sued in its own name, plead, and be impleaded;
| 520 |
|
provided, any actions against the authority shall be brought in
| 521 |
|
the court of common pleas in the county in which the authority is
| 522 |
|
headquartered or in the court of common pleas of the county in
| 523 |
|
which the cause of action arose, and all summonses and notices of
| 524 |
|
any kind shall be served on the authority by leaving a copy
| 525 |
|
thereof at its headquarters; | 526 |
| (D) Employ, retain, or contract for the services of
| 533 |
|
consultants, engineers, construction and accounting experts,
| 534 |
|
financial advisers, trustees, attorneys, or other employees,
| 535 |
|
independent contractors, or agents as are necessary in its
| 536 |
|
judgment for the exercise of its powers and performance of its
| 537 |
|
duties under this chapter; | 538 |
| Sec. 5539.06. The board and members of a transportation
| 553 |
|
innovation authority created under this chapter shall encourage
| 554 |
|
the participation of all political subdivisions within the
| 555 |
|
geographic jurisdiction of the authority. An authority shall
| 556 |
|
invite the participation of any new community authority, county
| 557 |
|
transit system, regional transit authority, regional transit
| 558 |
|
commission, joint economic development zone or joint economic
| 559 |
|
development district, transportation improvement district, port
| 560 |
|
authority, or metropolitan planning organization whose
| 561 |
|
jurisdiction is within or substantially within the jurisdiction
| 562 |
|
identified by an authority. | 563 |
| (C) An authority shall submit an annual audited financial
| 587 |
|
report to the general assembly and the director of transportation
| 588 |
|
setting forth all sources
and uses of funds obtained or otherwise
| 589 |
|
generated by the authority
and a detailed breakdown of the
| 590 |
|
different classes of expenditures
made by the authority during
| 591 |
|
each calendar year of operation. Such
report also shall contain
| 592 |
|
two-year budget projections for the
operating expenses for the
| 593 |
|
authority and specific transportation
project funding. | 594 |
| Sec. 5539.09. (A) A transportation innovation authority may
| 595 |
|
acquire by purchase, lease, lease-purchase, lease with option to
| 596 |
|
purchase, or otherwise, and in such manner and for such
| 597 |
|
consideration as it considers proper, any public or private
| 598 |
|
property necessary, convenient, or proper for the construction,
| 599 |
|
maintenance, repair, or operation of a transportation project.
| 600 |
|
Title to real and personal property shall be held in the name of
| 601 |
|
the authority. Except as otherwise agreed to by the owner, full
| 602 |
|
compensation shall be paid for public property taken. | 603 |
| (B) A governmental agency may exercise the power of eminent
| 604 |
|
domain to acquire property necessary for or in connection with a
| 605 |
|
transportation project, but only to the extent such power is
| 606 |
|
granted to the governmental agency individually. In any
| 607 |
|
proceedings for appropriation, the procedure to be followed shall
| 608 |
|
be in accordance with that provided in sections 163.01 to 163.22
| 609 |
|
of the Revised Code or as otherwise provided by law for the
| 610 |
|
governmental agency. Nothing in this chapter shall be construed as
| 611 |
|
permitting a transportation innovation authority to exercise the
| 612 |
|
power of eminent domain as a collective entity to acquire property
| 613 |
|
necessary for or in connection with a transportation project. | 614 |
| (C) This section does not authorize an authority to take or
| 615 |
|
disturb property or facilities belonging to any public utility or
| 616 |
|
to a common carrier engaged in interstate commerce if the property
| 617 |
|
or facilities are required for the proper and convenient operation
| 618 |
|
of the public utility or common carrier unless provision is made
| 619 |
|
for the restoration, relocation, replication, or duplication of
| 620 |
|
the property or facilities elsewhere at the sole cost of the
| 621 |
|
authority. | 622 |
| (D) Except as otherwise provided in this chapter, disposition
| 623 |
|
of real property shall be by sale, lease-purchase agreement, lease
| 624 |
|
with option to purchase, or otherwise in such manner and for such
| 625 |
|
consideration as the authority determines if to a governmental
| 626 |
|
agency or to a private entity involved in the transportation
| 627 |
|
project funding, and otherwise in the manner provided in section
| 628 |
|
5501.45 of the Revised Code for the disposition of property by the
| 629 |
|
director of transportation. Disposition of personal property shall
| 630 |
|
be in such manner and for such consideration as the authority
| 631 |
|
determines. | 632 |
| Sec. 5539.10. The board of directors of a transportation
| 633 |
|
innovation authority may acquire real property in fee simple in
| 634 |
|
the name of the authority in connection with, but in excess of
| 635 |
|
that needed for, a project, by any method other than appropriation
| 636 |
|
and hold the property for such period of time as the board
| 637 |
|
determines. All right, title, and interest of the authority in the
| 638 |
|
property may be sold at public auction or otherwise, as the board
| 639 |
|
considers in the best interests of the authority, but in no event
| 640 |
|
shall the property be sold for less than two-thirds of its
| 641 |
|
appraised value. Sale at public auction shall be undertaken only
| 642 |
|
after the board advertises the sale in a newspaper of general
| 643 |
|
circulation in the area of the jurisdiction of the authority for
| 644 |
|
at least two weeks prior to the date set for the sale. | 645 |
| Sec. 5539.11. (A) A governmental agency may fund or assist in
| 646 |
|
funding a transportation project as set forth in this chapter
| 647 |
|
using the authority granted to any governmental agency
| 648 |
|
participating as a member of a transportation innovation
| 649 |
|
authority, but only to the extent such power is granted to the
| 650 |
|
governmental agency individually. Nothing in this section shall be
| 651 |
|
construed as permitting a transportation innovation authority or
| 652 |
|
granting such authority the right to levy any fee, assessment,
| 653 |
|
payment, or tax as a collective entity. | 654 |
| (B) Projects identified by a transportation innovation
| 655 |
|
authority under this chapter may be funded through any combination
| 656 |
|
of revenue generated under the authority granted by this chapter
| 657 |
|
or under the authority granted to any governmental agency
| 658 |
|
participating as a member of an authority. Subject to the
| 659 |
|
following limitations, such funding sources may include special
| 660 |
|
fees and assessments levied by a governmental agency, fair share
| 661 |
|
payments, payments in lieu of property tax on improvements, cash
| 662 |
|
payments by private participants, dedicated portions of local
| 663 |
|
sales tax and local income tax receipts, loans or grants from
| 664 |
|
local, state, or federal sources, implementation of tolling
| 665 |
|
arrangements or other charges as authorized and governed by
| 666 |
|
section 5531.12 of the Revised Code, or any other
revenue | 667 |
|
raising or tax incentive authority available to an
authority or | 668 |
|
any governmental agency acting as a member of an
authority: | 669 |
| (1) A transportation innovation authority may participate in
| 670 |
|
the levy of special assessments by a governmental agency to assist
| 671 |
|
in the payment of costs for the construction, reconstruction,
| 672 |
|
alteration, repair, improvement, operation, or management of an
| 673 |
|
identified transportation project if the authority determines that
| 674 |
|
the project will benefit the geographic area where the project
| 675 |
|
will be constructed, reconstructed, altered, repaired, improved,
| 676 |
|
operated, or maintained. | 677 |
| (2) When it is determined that a project will benefit both a
| 678 |
|
single political subdivision and the jurisdiction covered by an
| 679 |
|
authority as a whole, any governmental agency participating as a
| 680 |
|
member of a transportation innovation authority may exercise its
| 681 |
|
taxing authority on income, sales, or property under Title LVII of
| 682 |
|
the Revised Code, or provide for payments in lieu of property tax
| 683 |
|
on improvements, to benefit the entire jurisdiction covered by the
| 684 |
|
authority. | 685 |
| (5) When it is determined that a project will benefit both a
| 693 |
|
single political subdivision and the jurisdiction covered by an
| 694 |
|
authority as a whole, each governmental agency participating as a
| 695 |
|
member of the authority may issue bonds for a portion of the cost
| 696 |
|
of any project if Chapter 133. of the Revised Code would authorize
| 697 |
|
the issuance of those bonds as if the governmental agency alone
| 698 |
|
were undertaking the project, subject to the same conditions and
| 699 |
|
restrictions. | 700 |
| (8) An authority may charge tolls or fees for the use of its
| 710 |
|
transportation projects or facilities pursuant to section 5531.12 | 711 |
|
of the Revised Code. The authority may retain a portion of the | 712 |
|
fees charged as its administrative fee, provided the amount of the | 713 |
|
fee is reviewed and approved by the director of transportation on | 714 |
|
an annual basis. All other revenues shall be utilized to support | 715 |
|
construction, improvement,
repair, maintenance, administration, | 716 |
|
and operation costs for
transportation projects within the | 717 |
|
geographical jurisdiction of
the authority. All projects for | 718 |
|
which a toll or fee is
proposed
to be
charged shall be subject | 719 |
|
to the review and
approval of the
transportation review | 720 |
|
advisory council in
accordance with Chapter
5512. of the | 721 |
|
Revised Code. | 722 |
| (C) The exercise of the powers granted by this chapter is in | 723 |
|
all respects for the benefit of the people of the state, for the | 724 |
|
improvement of their safety, convenience, and welfare, and for the | 725 |
|
enhancement of their residential, agricultural, recreational, | 726 |
|
economic, commercial, and industrial opportunities and is a public | 727 |
|
purpose. As the operation and maintenance of transportation | 728 |
|
innovation projects constitute the performance of essential | 729 |
|
governmental functions, a transportation innovation authority | 730 |
|
shall not be required to pay any taxes or assessments upon any | 731 |
|
transportation innovation project, or upon any property acquired | 732 |
|
or used by the authority under this chapter, or upon the income | 733 |
|
therefrom. The transfer to or from the transportation innovation | 734 |
|
authority of title or possession of any transportation innovation | 735 |
|
project, part thereof, or item included or to be included in any | 736 |
|
such project, is not subject to the taxes levied pursuant to | 737 |
|
Chapters 5739. and 5741. of the Revised Code, and any bonds and | 738 |
|
notes, their transfer, and the income therefrom, including any | 739 |
|
gain made on the sale thereof, shall at all times be free from | 740 |
|
taxation within the state. | 741 |