As Passed by the Senate

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


Senator Carey 

Cosponsors: Senators Miller, R., Wilson, Cates, Gibbs, Goodman, Niehaus, Schaffer, Seitz, Turner, Gillmor, Patton, Miller, D., Stewart, Cafaro, Smith, Schiavoni, Fedor, Hughes, Morano 

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 and the State Energy Grant 11
Program under Title IV of Division A of the American Recovery and 12
Reinvestment Act of 2009 shall be deposited to the credit of the 13
Federal Special Revenue Fund (Fund 3080).14

       (B) The federal payments made to the state for the Home 15
Investment Partnerships Program under Title XII of Division A of 16
the American Recovery and Reinvestment Act of 2009 shall be 17
deposited to the credit of the HOME Program Fund (Fund 3V10).18

       (C) The federal payments made to the state for the Community 19
Development Block Grant program under Title XII of Division A of 20
the American Recovery and Reinvestment Act of 2009 shall be 21
deposited to the credit of the Community Development Block Grant 22
Fund (Fund 3K80). The amounts deposited for the purposes of the 23
Community Development Block Grant program are hereby appropriated, 24
subject to the approval of the Controlling Board.25

        (D) The items in this division are appropriated as designated 26
out of any moneys in the state treasury to the credit of their 27
respective funds that are not otherwise appropriated.28

Appropriations

DEV Department of Development
29

Federal Special Revenue Fund Group30

3080 195605 Federal Projects $ 0 $ 276,553,000 31
3080 195618 Energy Federal Grants $ 0 $ 122,604,000 32
3V10 195601 HOME Program $ 0 $ 83,381,000 33
TOTAL FED Federal Special Revenue Fund Group $ 0 $ 482,538,000 34
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 482,538,000 35

       The foregoing appropriation item 195605, Federal Projects, 36
shall be used to carry out the Home Weatherization Assistance 37
Program, subject to any requirements of the American Recovery and 38
Reinvestment Act of 2009 that apply to the money appropriated.39

       The foregoing appropriation items 195618, Energy Federal 40
Grants and 195601, HOME Program, shall be used in accordance with 41
the requirements of the American Recovery and Reinvestment Act of 42
2009 that apply to the money appropriated.43

       Section 3. (A) The federal payments made to the state for 44
Education Technology under Title VIII of Division A of the 45
American Recovery and Reinvestment Act of 2009 shall be deposited 46
to the credit of the Technology Literacy Transfer Fund (Fund 47
3S20).48

       (B) The item in this section is appropriated as designated 49
out of any moneys in the state treasury to the credit of Fund 3S20 50
that are not otherwise appropriated.51

Appropriations

EDU DEPARTMENT OF EDUCATION
52

Federal Special Revenue Fund Group53

3S20 200641 Education Technology $ 0 $ 23,902,000 54
TOTAL FED Federal Special Revenue Fund Group $ 0 $ 23,902,000 55
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 23,902,000 56

       (C) The foregoing appropriation item 200641, Education 57
Technology, shall be used to assist school districts in their 58
efforts to implement school technology plans and to assist school 59
districts with the integration of technology into curricula and 60
instruction practices and may be used to provide ongoing 61
professional development to teachers, subject to the requirements 62
of the American Recovery and Reinvestment Act of 2009 that apply 63
to the money appropriated. 64

       Section 4. (A) The federal payments made to the state for 65
clean air under Title VII of Division A of the "American Recovery 66
and Reinvestment Act of 2009" shall be deposited to the credit of 67
the Clean Air Fund (Fund 4K20).68

       (B) The item in this section is appropriated as designated 69
out of any moneys in the state treasury to the credit of Fund 4K2070
that are not otherwise appropriated.71

Appropriations

EPA ENVIRONMENTAL PROTECTION AGENCY
72

State Special Revenue Fund Group73

4K20 715648 Clean Air Non-Title V $ 0 $ 1,700,000 74
TOTAL SSR State Special Revenue Fund Group $ 0 $ 1,700,000 75
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 1,700,000 76

       The foregoing appropriation item 715648, Clean Air Non-Title 77
V, shall be used in accordance with the requirements of the 78
"American Recovery and Reinvestment Act of 2009" that apply to the 79
money appropriated.80

       Section 5. The federal payments that are made to the state 81
from the Clean Water State Revolving Fund pursuant to Title VIII 82
of the "American Recovery and Reinvestment Act of 2009" shall be 83
credited to the Water Pollution Control Loan Fund created in 84
section 6111.036 of the Revised Code. Notwithstanding the 85
requirements of section 6111.036 of the Revised Code, money 86
credited to the fund under this section shall be used and 87
administered to provide financial assistance in any manner that is 88
consistent with the requirements of the "Federal Water Pollution 89
Control Act" or the "American Recovery and Reinvestment Act of 90
2009."91

        Notwithstanding the requirements of section 6111.036 of the 92
Revised Code, rules adopted under it and Chapter 3745-47 of the 93
Administrative Code, the Director of Environmental Protection, for 94
the purpose of obtaining federal payments pursuant to Title VIII 95
of the "American Recovery and Reinvestment Act of 2009," may 96
impose alternative public comment procedures for the draft 97
intended use plan, including alternative time frames for public 98
notice and comment and the frequency of public meetings. However, 99
nothing in this section eliminates the requirement that public 100
meetings and comment periods be held.101

       Section 6. The federal payments that are made to the state 102
from the Drinking Water State Revolving Fund pursuant to Title 103
VIII of the "American Recovery and Reinvestment Act of 2009" shall 104
be credited to the Drinking Water Assistance Fund created in 105
section 6109.22 of the Revised Code. Notwithstanding the 106
requirements of section 6109.22 of the Revised Code, money 107
credited to the fund under this section shall be used and 108
administered to provide financial assistance in any manner that is 109
consistent with the requirements of the "Safe Drinking Water Act" 110
or the "American Recovery and Reinvestment Act of 2009."111

        Notwithstanding the requirements of section 6109.22 of the 112
Revised Code, rules adopted under it and Chapter 3745-47 of the 113
Administrative Code, the Director of Environmental Protection, for 114
the purpose of obtaining federal payments pursuant to Title VIII 115
of the "American Recovery and Reinvestment Act of 2009," may 116
impose alternative public comment procedures for the draft 117
intended use plan, including alternative time frames for public 118
notice and comment and the frequency of public meetings. However, 119
nothing in this section eliminates the requirement that public 120
meetings and comment periods be held.121

       Section 7. Expenditures from the appropriations made in 122
Sections 2 and 3 of this act shall be accounted for as though 123
made in the relevant main operating appropriations act. The 124
appropriations made in this division are subject to all 125
provisions of the relevant main operating appropriations act that 126
are generally applicable to the appropriations.127

       Section 8. (A) The federal payments made to the state for 128
highway infrastructure under Title XII of Division A of the 129
American Recovery and Reinvestment Act of 2009 shall be deposited 130
to the credit of the Highway Operating Fund (Fund 7002), which is 131
created in section 5735.291 of the Revised Code.132

       (B) The item in this division is appropriated as designated 133
out of any moneys in the state treasury to the credit of Fund 7002 134
that are not otherwise appropriated.135

Appropriations

DOT Department of Transportation
136

Highway Operating Fund Group137

7002 772422 Highway Construction – Federal $ 0 $ 935,677,000 138
TOTAL HOF Highway Operating Fund Group $ 0 $ 935,677,000 139
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 935,677,000 140

       Of the foregoing appropriation item 772422, Highway 141
Construction - Federal, not less than $15,000,000 shall be 142
allocated to each district of the Department of Transportation.143

       TRANSFER OF APPROPRIATIONS144

       The Director of Budget and Management may approve written 145
requests from the Director of Transportation for the transfer of 146
appropriations between appropriation items 771412, Planning and 147
Research – Federal, 772422, Highway Construction - Federal, 148
772424, Highway Construction – Other, 775452, Public 149
Transportation - Federal, 776462, Grade Crossing - Federal, and 150
777472, Airport Improvements - Federal, based upon the 151
requirements of the American Recovery and Reinvestment Act of 2009 152
that apply to the money appropriated. The transfers shall be 153
reported to the Controlling Board at its next regularly scheduled 154
meeting.155

       (C) Expenditures from appropriations made in this section 156
shall be accounted for as though made in Am. Sub. H.B. 67 of the 157
127th General Assembly. However, law contained in the relevant 158
operating appropriations act that is generally applicable to the 159
appropriations made in that act also is generally applicable to 160
the appropriations made in Sections 3 and 4 of this act.161

       Section 9. The federal payments made to the state for the 162
Energy Efficiency and Conservation Block Grant under Title IV of 163
Division A of the American Recovery and Reinvestment Act of 2009 164
shall be deposited to the credit of the Green Block Grant Fund 165
(Fund 3CZ0) which is created for use by the Air Quality 166
Development Authority, subject to the federal requirements that 167
apply to the money appropriated. The amounts deposited under this 168
section are hereby appropriated. All investment earnings of Fund 169
3CZ0 shall be credited to the fund. 170

       The Air Quality Development Authority shall develop a plan 171
for the distribution of the funds received under this section and 172
shall submit that plan to the Controlling Board. 173

       Section 10. There is hereby created the Energy Star Rebate 174
Program to provide rebates to residential consumers for the 175
purchase of residential Energy products. The federal payments made 176
to the state for the Energy Star Rebate Program under Title IV of 177
Division A of the American Recovery and Reinvestment Act of 2009 178
shall be deposited to the credit of the Energy Star Rebate Fund 179
(Fund 3A30), which is created for use by the Air Quality 180
Development Authority to fund the program. The amounts deposited 181
into Fund 3A30 are hereby appropriated. All investment earnings of 182
Fund 3A30 shall be credited to the fund.183

       The Air Quality Development Authority shall develop rules for 184
the administration of the program and a plan for the distribution 185
of funds received under this section. The plan shall be submitted 186
to the Controlling Board.187

       Section 11. The federal payments made to the state for the 188
Leaking Underground Storage Tank Trust Fund Program under Title 189
VII of Division A of the American Recovery and Reinvestment Act of 190
2009 shall be deposited to the credit of the Federal Special 191
Revenue Fund (Fund 3480) used by the Department of Commerce. The 192
amounts deposited under this section are hereby appropriated for 193
use to carry out the program, subject to any requirements of the 194
American Recovery and Reinvestment Act of 2009 that apply to the 195
money appropriated.196

       Section 12. As soon as possible after a state agency approves 197
a project that uses funds provided under the American Recovery and 198
Reinvestment Act of 2009 and appropriated by this act, the 199
applicable state agency shall cause to be posted on the state's 200
web site providing information about the federal stimulus 201
initiative, located at www.recovery.ohio.gov or its successor web 202
site, information about the approved project, including but not 203
limited to a project name and description, the county where the 204
project will be located, the program or sub-program that provided 205
the funding, the project sponsor, the estimated time for the 206
project to begin, the estimated time for the project to be 207
completed, the amount of stimulus moneys funding the project, and 208
the project's total cost. 209

       Section 13. In the award of any contract using money 210
appropriated pursuant to this act, the parties to the contract 211
shall comply with all applicable federal and state laws, including 212
the requirements of the Minority Business Enterprise Program, the 213
Encouraging Diversity, Growth, and Equity Program, and the Buy 214
Ohio Program.215

       Section 14. Any unexpended, unencumbered amounts remaining in 216
all appropriation items made in this act at the end of fiscal year 217
2009 are reappropriated for the same purpose in fiscal year 2010. 218
The reappropriations shall be reported to the Controlling Board.219

       Section 15.  Within the limits set forth in this act, the 220
Director of Budget and Management shall establish accounts 221
indicating the source and amount of funds for each appropriation 222
made in this act, and shall determine the form and manner in which 223
appropriation accounts shall be maintained.224

       Section 16. This act is hereby declared to be an emergency 225
measure necessary for the immediate preservation of the public 226
peace, health, and safety. The reason for such necessity is to 227
allocate the moneys provided by the American Recovery and 228
Reinvestment Act of 2009 expeditiously pursuant to applicable 229
federal requirements and thereby to increase employment and job 230
security in Ohio. Therefore, this act shall go into immediate 231
effect.232