As Passed by the House

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


Senator Stewart 

Cosponsors: Senators Seitz, Wagoner, Fedor, Harris, Hughes, Husted, Kearney, Miller, D., Morano, Patton, Sawyer, Smith, Turner, Wilson 

Representatives Gerberry, Lundy, Belcher, Williams, B., Daniels, Hite, Stebelton, Bacon, Balderson, Blair, Bolon, Book, Boose, Brown, Bubp, Carney, Chandler, Coley, Combs, DeBose, Derickson, Domenick, Dyer, Evans, Gardner, Garland, Garrison, Grossman, Hackett, Hagan, Harris, Heard, Letson, Luckie, Mallory, Mandel, McClain, Moran, Murray, Patten, Phillips, Ruhl, Sayre, Snitchler, Stewart, Weddington, Winburn, Yuko, Zehringer 



A BILL
To enact sections 9.29, 735.054, 6101.161, 6103.101, 1
6115.201, and 6119.101 of the Revised Code to 2
authorize certain political subdivisions to 3
contract for engineering, repair, sustainability, 4
water quality management, and maintenance of a 5
water storage tank through a professional 6
service contract under specified conditions. 7


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

       Section 1. That sections 9.29, 735.054, 6101.161, 6103.101, 8
6115.201, and 6119.101 of the Revised Code be enacted to read as 9
follows: 10

       Sec. 9.29.  (A) The following political subdivisions may 11
enter into, by direct negotiation or through the solicitation of 12
requests for proposals or requests for qualifications, a 13
multi-year, asset management professional service contract for 14
the engineering, repair, sustainability, water quality 15
management, and maintenance of a water storage tank and 16
appurtenant facilities owned, controlled, or operated by that 17
political subdivision, but only if the contract complies with 18
division (B) of this section:19

       (1) A board of county commissioners, board of directors of a 20
conservancy district, board of directors of a sanitary district, 21
or board of trustees of a regional water and sewer district;22

       (2) A municipal corporation through its director of public 23
service, mayor, city manager, board of trustees of public 24
affairs, village administrator, or other contracting officer, 25
commission, board, or authority as authorized by ordinance of the 26
municipal corporation's legislative authority.27

       (B) A contract entered into pursuant to division (A) of this 28
section shall include provisions that do all of the following:29

       (1) Provide that the contracting political subdivision is not 30
required to make total payments in a single year that exceed the 31
excess of (a) the political subdivision's water utility charges 32
over (b) the operating expenses of the water system payable from 33
such charges and the principal, interest, and other debt charges, 34
including reserves and coverage requirements, for outstanding debt 35
due in that year;36

       (2) Require that the work performed be done under the 37
supervision of a professional engineer licensed under Chapter 38
4733. of the Revised Code, who certifies that the work will be 39
performed in compliance with all applicable codes and engineering 40
standards;41

       (3) Provide that if, on the date of commencement of the 42
contract, the water tank or appurtenant facilities require 43
engineering, repair, sustainability, water quality management, or 44
service in order to bring the tank or facilities into 45
compliance with federal, state, or local requirements, the 46
party contracting with the political subdivision must provide 47
the engineering, repair, sustainability, water quality 48
management, or service. The cost of the work necessary to 49
ensure such compliance shall be itemized separately and may be 50
charged to the political subdivision in payments spread over a 51
period of not less than three years from the date of 52
commencement of the contract. The charges shall be paid after 53
provision is made to pay operating expenses and the principal, 54
interest, and other debt service charges, including reserves and 55
coverage requirements for outstanding debt due in that year.56

       Sec. 735.054.  Notwithstanding sections 715.18, 731.14, 57
731.141, 733.22, and 735.05 of the Revised Code, any municipal 58
corporation that may be required by law to award contracts in the 59
manner set forth in such sections may comply with section 9.29 60
of the Revised Code regarding any contract for the engineering, 61
repair, sustainability, water quality management, and maintenance 62
of a water storage tank and appurtenant facilities.63

       Sec. 6101.161.  Notwithstanding section 6101.16 of the 64
Revised Code, the board of directors of a conservancy district 65
may comply with section 9.29 of the Revised Code regarding any 66
contract for the engineering, repair, sustainability, water 67
quality management, and maintenance of a water storage tank and 68
appurtenant facilities.69

       Sec. 6103.101.  Notwithstanding sections 307.86 and 6103.10 70
of the Revised Code, the board of county commissioners may 71
comply with section 9.29 of the Revised Code regarding any 72
contract for the engineering, repair, sustainability, water 73
quality management, and maintenance of a water storage tank and 74
appurtenant facilities.75

       Sec. 6115.201.  Notwithstanding section 6115.20 of the 76
Revised Code, the board of directors of a sanitary district may 77
comply with section 9.29 of the Revised Code regarding any 78
contract for the engineering, repair, sustainability, water 79
quality management, and maintenance of a water storage tank and 80
appurtenant facilities.81

       Sec. 6119.101.  Notwithstanding section 6119.10 of the 82
Revised Code, the board of trustees of a regional water and sewer 83
district may comply with section 9.29 of the Revised Code 84
regarding any contract for the engineering, repair, 85
sustainability, water quality management, and maintenance of a 86
water storage tank and appurtenant facilities.87

       Section 2. Nothing in this act is intended to restrict the 88
authority of a municipal corporation under Sections 3 and 4 of 89
Article XVIII, Ohio Constitution.90