As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 85


Senator Stewart 

Cosponsor: Senator Seitz 

A BILL
To enact sections 9.29, 6101.161, 6103.101, 6115.201, 1
and 6119.101 of the Revised Code to authorize 2
certain political subdivisions to contract for 3
engineering, repair, sustainability, water quality 4
management, and maintenance of a water storage 5
tank through a professional service contract 6
under specified conditions.7


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

       Section 1. That sections 9.29, 6101.161, 6103.101, 6115.201, 8
and 6119.101 of the Revised Code be enacted to read as follows:9

       Sec. 9.29.  (A) The following subdivisions may enter into, by 10
direct negotiation or through the solicitation of requests for 11
proposals or requests for qualifications, a multi-year, asset 12
management professional service contract for the engineering, 13
repair, sustainability, water quality management, and 14
maintenance of a water storage tank and appurtenant facilities 15
owned, controlled, or operated by that political subdivision, but 16
only if the contract complies with division (B) of this section:17

       (1) A board of county commissioners, board of directors of a 18
conservancy district, board of directors of a sanitary district, 19
or board of trustees of a regional water and sewer district;20

       (2) A municipal corporation through its director of public 21
service, mayor, city manager, board of trustees of public 22
affairs, village administrator, or other contracting officer, 23
commission, board, or authority as authorized by ordinance of the 24
municipal corporation's legislative authority.25

       (B) A contract entered into pursuant to division (A) of this 26
section shall include provisions that do all of the following:27

       (1) Prohibit the county, conservancy district, sanitary 28
district, regional water and sewer district, or municipal 29
corporation from being required to make total payments in a single 30
year that exceed the water utility charges the county, conservancy 31
district, sanitary district, regional water and sewer district, or 32
municipal corporation receives for that year;33

       (2) Require that the work performed be done under the 34
supervision of a professional engineer licensed under Chapter 35
4733. of the Revised Code, who certifies that the work will be 36
performed in compliance with all applicable codes and engineering 37
standards;38

       (3) Provide that if, on the date of commencement of the 39
contract, the water tank or appurtenant facilities require 40
engineering, repair, sustainability, water quality management, or 41
service in order to bring the tank or facilities into compliance 42
with federal, state, or local requirements, the party 43
contracting with the county, conservancy district, sanitary 44
district, regional water and sewer district, or municipal 45
corporation must provide the engineering, repair, sustainability, 46
water quality management, or service. The cost of the work 47
necessary to ensure such compliance shall be itemized separately 48
and charged to the county, conservancy district, sanitary 49
district, regional water and sewer district, or municipal 50
corporation in payments spread over a period of not less than 51
three years from the date of commencement of the contract.52

       Sec. 6101.161.  Notwithstanding section 6101.16 of the 53
Revised Code, the board of directors of a conservancy district 54
shall comply with section 9.29 of the Revised Code regarding any 55
contract for the engineering, repair, sustainability, water 56
quality management, and maintenance of a water storage tank and 57
appurtenant facilities.58

       Sec. 6103.101.  Notwithstanding sections 307.86 and 6103.10 59
of the Revised Code, the board of county commissioners shall 60
comply with section 9.29 of the Revised Code regarding any 61
contract for the engineering, repair, sustainability, water 62
quality management, and maintenance of a water storage tank and 63
appurtenant facilities.64

       Sec. 6115.201.  Notwithstanding section 6115.20 of the 65
Revised Code, the board of directors of a sanitary district shall 66
comply with section 9.29 of the Revised Code regarding any 67
contract for the engineering, repair, sustainability, water 68
quality management, and maintenance of a water storage tank and 69
appurtenant facilities.70

       Sec. 6119.101.  Notwithstanding section 6101.16 of the 71
Revised Code, the board of trustees of a regional water and sewer 72
district shall comply with section 9.29 of the Revised Code 73
regarding any contract for the engineering, repair, 74
sustainability, water quality management, and maintenance of a 75
water storage tank and appurtenant facilities.76