As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 2


Senator Carey 



A BILL
To provide for the distribution of moneys received by 1
the state from the federal American Recovery and 2
Reinvestment Act of 2009 by making appropriations 3
and to declare an emergency.4


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

       Section 1.  For all appropriations made in this act, those in 5
the first column are for fiscal year 2008 and those in the second 6
column are for fiscal year 2009. The appropriations made in this 7
act are in addition to any other appropriations made for fiscal 8
years 2008 and 2009.9

       Section 2.  (A) The federal payments made to the state for 10
the Weatherization Assistance Program under Title V of the 11
American Recovery and Reinvestment Act of 2009 shall be deposited 12
to the credit of the Federal Special Revenue Fund (Fund 3080).13

        (B) The item in this division is appropriated as designated 14
out of any moneys in the state treasury to the credit of Fund 3080 15
that are not otherwise appropriated. 16

Appropriations

DEV Department of Development
17

Federal Special Revenue Fund Group18

3080 195670 Weatherization – Federal Stimulus $ 0 $ 342,926,000 19
TOTAL FED Federal Special Revenue Fund Group $ 0 $ 342,926,000 20
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 342,926,000 21

       The foregoing appropriation item 195670, Weatherization – 22
Federal Stimulus, shall be used for the same purposes and in the 23
same manner as existing appropriation item 195605, Federal 24
Projects, as that appropriation item is used to carry out the Home 25
Weatherization Assistance Program, subject to any requirements of 26
the American Recovery and Reinvestment Act of 2009 that apply to 27
the money appropriated. 28

       Any unexpended and unencumbered amounts remaining in 29
appropriation item 195670, Weatherization – Federal Stimulus, on 30
June 30, 2009, are reappropriated for the same purpose in fiscal 31
year 2010. The reappropriations shall be reported to the 32
Controlling Board.33

       Expenditures from the appropriations made in this division 34
shall be accounted for as though made in the relevant main 35
operating appropriations act. The appropriations made in this 36
division are subject to all provisions of the relevant main 37
operating appropriations act that are generally applicable to the 38
appropriations.39

       Section 3. (A) The federal payments made to the state for 40
highway infrastructure under Title XII of the American Recovery 41
and Reinvestment Act of 2009 shall be deposited to the credit of 42
the Highway Operating Fund (Fund 7002), which is created in 43
section 5735.291 of the Revised Code.44

       (B) The item in this division is appropriated as designated 45
out of any moneys in the state treasury to the credit of Fund 7002 46
that are not otherwise appropriated. 47

Appropriations

DOT Department of Transportation
48

Highway Operating Fund Group49

7002 772445 Highway Construction – Federal Stimulus $ 0 $ 1,036,236,000 50
TOTAL HOF Highway Operating Fund Group $ 0 $ 1,036,236,000 51
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 1,036,236,000 52

       The foregoing appropriation item 772445, Highway Construction 53
– Federal Stimulus, shall be used for the same purposes and in the 54
same manner as existing appropriation item 772422, Highway 55
Construction – Federal, subject to the requirements of the 56
American Recovery and Reinvestment Act of 2009 that apply to the 57
money appropriated.58

       Of the foregoing appropriation item 772445, Highway 59
Construction – Federal Stimulus, not less than $15,000,000 shall 60
be allocated to each district of the Department of Transportation. 61

        Any unexpended and unencumbered amounts remaining in 62
appropriation item 772445, Highway Construction – Federal 63
Stimulus, on June 30, 2009, are reappropriated for the same 64
purpose in fiscal year 2010. The reappropriation shall be reported 65
to the Controlling Board.66

       Section 4. (A) To the extent allowable by federal law, of the 67
federal payments received by the state that are referred to in 68
division (A) of Section 3 of this act, the Director of Budget and 69
Management shall transfer $200,000,000 in cash on the effective 70
date of this act, or as soon as possible thereafter, from the 71
Highway Operating Fund (Fund 7002) to the Local Transportation 72
Improvement Program Fund (Fund 7052). 73

       (B) The amounts transferred under division (A) of this 74
section are appropriated for use in fiscal year 2009 for the 75
purposes specified in section 164.14 of the Revised Code. All 76
capital appropriations from Fund 7052 in this act remaining 77
unexpended and unencumbered as of June 30, 2009, are 78
reappropriated for use during the period July 1, 2009, through 79
June 30, 2010, for the same purposes. 80

       Section 5. Expenditures from appropriations made in Sections 81
3 and 4 of this act shall be accounted for as though made in Am. 82
Sub. H.B. 67 of the 127th General Assembly. However, law contained 83
the relevant operating appropriations act that is generally 84
applicable to the appropriations made in that act also is 85
generally applicable to the appropriations made in Sections 3 and 86
4 of this act.87

       Section 6.  (A) The federal payments made to the state for 88
school modernization, repair, and renovation under Title IX, and 89
particularly section 9301, of the American Recovery and 90
Reinvestment Act of 2009 shall be credited to the Federal School 91
Modernization Fund (Fund 3CY0), which is created. All investment 92
earnings of the fund shall be credited to the fund.93

       (B) The item in this division is appropriated as designated 94
out of any moneys in the state treasury to the credit of Fund 3CY0 95
that are not otherwise appropriated:96

Appropriations

SFC School Facilities Commission
97

Federal Special Revenue Fund Group98

3CY0 230630 School Facilities – Federal Stimulus $ 0 $ 521,091,000 99
TOTAL FED Federal Special Revenue Fund Group $ 0 $ 521,091,000 100
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 521,091,000 101

       The foregoing appropriation item 230630, School Facilities – 102
Federal Stimulus, shall be used for facilities constructed or 103
renovated under Chapter 3318. of the Revised Code, subject to the 104
requirements of the American Recovery and Reinvestment Act of 2009 105
that apply to the money appropriated. 106

       Any unexpended and unencumbered amounts remaining in 107
appropriation item 230630, School Facilities – Federal Stimulus, 108
on June 30, 2009, are reappropriated for the same purpose in 109
fiscal year 2010. The reappropriations shall be reported to the 110
Controlling Board.111

       Expenditures made from the appropriation made in this 112
division shall be accounted for as though made in Am. Sub. H.B. 113
562 of the 127th General Assembly. The appropriation made in this 114
division is subject to all provisions of Am. Sub. H.B. 562 of the 115
127th General Assembly that are generally applicable to the 116
appropriation. 117

       Section 7.  (A) The federal payments made to the state to 118
provide capitalization grants for the Clean Water State Revolving 119
Fund under Title VIII of the American Recovery and Reinvestment 120
Act of 2009 shall be credited to the Water Pollution Control Loan 121
Fund, which is a custodial fund created in section 6111.036 of the 122
Revised Code. 123

       (B) Moneys received under this section shall be used and 124
administered in accordance with section 6111.036 of the Revised 125
Code, subject to the requirements of the American Recovery and 126
Reinvestment Act of 2009 that apply to the money.127

       Section 8.  (A) The federal payments made to the state to 128
provide capitalization grants for the Drinking Water State 129
Revolving Fund under Title VIII of the American Recovery and 130
Reinvestment Act of 2009 shall be credited to the Drinking Water 131
Assistance Fund, which is a custodial fund created in section 132
6109.22 of the Revised Code.133

       (B) Moneys received under this section shall be used and 134
administered in accordance with section 6109.22 of the Revised 135
Code, subject to the requirements of the American Recovery and 136
Reinvestment Act of 2009 that apply to the money.137

       Section 9.  Within the limits set forth in this act, the 138
Director of Budget and Management shall establish accounts 139
indicating the source and amount of funds for each appropriation 140
made in this act, and shall determine the form and manner in which 141
appropriation accounts shall be maintained. 142

       Section 10. This act is hereby declared to be an emergency 143
measure necessary for the immediate preservation of the public 144
peace, health, and safety. The reason for such necessity is to 145
allocate the moneys provided by the American Recovery and 146
Reinvestment Act of 2009 expeditiously pursuant to applicable 147
federal requirements and thereby to increase employment and job 148
security in Ohio. Therefore, this act shall go into immediate 149
effect. 150