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To amend sections 1.61, 303.01, 303.21, 519.01, | 1 |
519.21, 901.511, 903.10, 929.01, 1309.102, | 2 |
1311.55, 1729.01, 3781.06, 5501.50, and 5713.30 of | 3 |
the Revised Code to include algaculture in the | 4 |
laws governing agriculture, in the definition of | 5 |
"agriculture" for purposes of the laws governing | 6 |
county and township zoning, and in the laws | 7 |
governing current agricultural use valuation; to | 8 |
exclude from zoning restrictions the production | 9 |
from certain feedstocks of biodiesel, biomass | 10 |
energy, electric or heat energy, and biologically | 11 |
derived methane gas; to include that production in | 12 |
the laws governing current agricultural use | 13 |
valuation; and to provide for the establishment of | 14 |
best management practices for that production | 15 |
under the Concentrated Animal Feeding Facilities | 16 |
Law. | 17 |
Section 1. That sections 1.61, 303.01, 303.21, 519.01, | 18 |
519.21, 901.511, 903.10, 929.01, 1309.102, 1311.55, 1729.01, | 19 |
3781.06, 5501.50, and 5713.30 of the Revised Code be amended to | 20 |
read as follows: | 21 |
Sec. 1.61. As used in any statute except section 303.01 or | 22 |
519.01 of the Revised Code, "agriculture" includes farming; | 23 |
ranching; aquaculture; algaculture meaning the farming of algae; | 24 |
apiculture and related apicultural activities, production of | 25 |
honey, beeswax, honeycomb, and other related products; | 26 |
horticulture; viticulture, winemaking, and related activities; | 27 |
animal husbandry, including, but not limited to, the care and | 28 |
raising of livestock, equine, and fur-bearing animals; poultry | 29 |
husbandry and the production of poultry and poultry products; | 30 |
dairy production; the production of field crops, tobacco, fruits, | 31 |
vegetables, nursery stock, ornamental shrubs, ornamental trees, | 32 |
flowers, sod, or mushrooms; timber; pasturage; any combination of | 33 |
the foregoing; the processing, drying, storage, and marketing of | 34 |
agricultural products when those activities are conducted in | 35 |
conjunction with, but are secondary to, such husbandry or | 36 |
production; and any additions or modifications to the foregoing | 37 |
made by the director of agriculture by rule adopted in accordance | 38 |
with Chapter 119. of the Revised Code. | 39 |
Sec. 303.01. As used in sections 303.02 to 303.25 of the | 40 |
Revised Code, "agriculture" includes farming; ranching; | 41 |
algaculture meaning the farming of algae; aquaculture; apiculture; | 42 |
horticulture; viticulture; animal husbandry, including, but not | 43 |
limited to, the care and raising of livestock, equine, and | 44 |
fur-bearing animals; poultry husbandry and the production of | 45 |
poultry and poultry products; dairy production; the production of | 46 |
field crops, tobacco, fruits, vegetables, nursery stock, | 47 |
ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; | 48 |
timber; pasturage; any combination of the foregoing; and the | 49 |
processing, drying, storage, and marketing of agricultural | 50 |
products when those activities are conducted in conjunction with, | 51 |
but are secondary to, such husbandry or production. | 52 |
Sec. 303.21. (A) Except as otherwise provided in division | 53 |
(B) of this section, sections 303.01 to 303.25 of the Revised Code | 54 |
do not confer any power on any county rural zoning commission, | 55 |
board of county commissioners, or board of zoning appeals to | 56 |
prohibit the use of any land for agricultural purposes or the | 57 |
construction or use of buildings or structures incident to the use | 58 |
for agricultural purposes of the land on which such buildings or | 59 |
structures are located, and no zoning certificate shall be | 60 |
required for any such building or structure. | 61 |
(B) A county zoning resolution, or an amendment to such | 62 |
resolution, may in any platted subdivision approved under section | 63 |
711.05, 711.09, or 711.10 of the Revised Code, or in any area | 64 |
consisting of fifteen or more lots approved under section 711.131 | 65 |
of the Revised Code that are contiguous to one another, or some of | 66 |
which are contiguous to one another and adjacent to one side of a | 67 |
dedicated public road, and the balance of which are contiguous to | 68 |
one another and adjacent to the opposite side of the same | 69 |
dedicated public road regulate: | 70 |
(1) Agriculture on lots of one acre or less; | 71 |
(2) Buildings or structures incident to the use of land for | 72 |
agricultural purposes on lots greater than one acre but not | 73 |
greater than five acres by: set back building lines; height; and | 74 |
size; | 75 |
(3) Dairying and animal and poultry husbandry on lots greater | 76 |
than one acre but not greater than five acres when at least | 77 |
thirty-five per cent of the lots in the subdivision are developed | 78 |
with at least one building, structure, or improvement that is | 79 |
subject to real property taxation or that is subject to the tax on | 80 |
manufactured and mobile homes under section 4503.06 of the Revised | 81 |
Code. After thirty-five per cent of the lots are so developed, | 82 |
dairying and animal and poultry husbandry shall be considered | 83 |
nonconforming use of land and buildings or structures pursuant to | 84 |
section 303.19 of the Revised Code. | 85 |
Division (B) of this section confers no power on any county | 86 |
rural zoning commission, board of county commissioners, or board | 87 |
of zoning appeals to regulate agriculture, buildings or | 88 |
structures, and dairying and animal and poultry husbandry on lots | 89 |
greater than five acres. | 90 |
(C) Such sections confer no power on any board of county | 91 |
commissioners, county rural zoning commission, or board of zoning | 92 |
appeals to prohibit in a district zoned for agricultural, | 93 |
industrial, residential, or commercial uses, the use of any land | 94 |
for | 95 |
(1) A farm market where fifty per cent or more of the gross | 96 |
income received from the market is derived from produce raised on | 97 |
farms owned or operated by the market operator in a normal crop | 98 |
year. However, a board of county commissioners, as provided in | 99 |
section 303.02 of the Revised Code, may regulate such factors | 100 |
pertaining to farm markets as size of the structure, size of | 101 |
parking areas that may be required, set back building lines, and | 102 |
egress or ingress, where such regulation is necessary to protect | 103 |
the public health and safety. | 104 |
(2) Biodiesel production, biomass energy production, electric | 105 |
or heat energy production, or biologically derived methane gas | 106 |
production if the land on which the production facility is located | 107 |
qualifies as land devoted exclusively to agricultural use under | 108 |
sections 5713.30 to 5713.37 of the Revised Code for real property | 109 |
tax purposes. As used in division (C)(2) of this section, | 110 |
"biodiesel," "biomass energy," "electric or heat energy," and | 111 |
"biologically derived methane gas" have the same meanings as in | 112 |
section 5713.30 of the Revised Code. | 113 |
Sec. 519.01. As used in | 114 |
the Revised Code, "agriculture" includes farming; ranching; | 115 |
algaculture meaning the farming of algae; aquaculture; apiculture; | 116 |
horticulture; viticulture; animal husbandry, including, but not | 117 |
limited to, the care and raising of livestock, equine, and | 118 |
fur-bearing animals; poultry husbandry and the production of | 119 |
poultry and poultry products; dairy production; the production of | 120 |
field crops, tobacco, fruits, vegetables, nursery stock, | 121 |
ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; | 122 |
timber; pasturage; any combination of the foregoing; and the | 123 |
processing, drying, storage, and marketing of agricultural | 124 |
products when those activities are conducted in conjunction with, | 125 |
but are secondary to, such husbandry or production. | 126 |
Sec. 519.21. (A) Except as otherwise provided in division | 127 |
(B) of this section, sections 519.02 to 519.25 of the Revised Code | 128 |
confer no power on any township zoning commission, board of | 129 |
township trustees, or board of zoning appeals to prohibit the use | 130 |
of any land for agricultural purposes or the construction or use | 131 |
of buildings or structures incident to the use for agricultural | 132 |
purposes of the land on which such buildings or structures are | 133 |
located, including buildings or structures that are used primarily | 134 |
for vinting and selling wine and that are located on land any part | 135 |
of which is used for viticulture, and no zoning certificate shall | 136 |
be required for any such building or structure. | 137 |
(B) A township zoning resolution, or an amendment to such | 138 |
resolution, may in any platted subdivision approved under section | 139 |
711.05, 711.09, or 711.10 of the Revised Code, or in any area | 140 |
consisting of fifteen or more lots approved under section 711.131 | 141 |
of the Revised Code that are contiguous to one another, or some of | 142 |
which are contiguous to one another and adjacent to one side of a | 143 |
dedicated public road, and the balance of which are contiguous to | 144 |
one another and adjacent to the opposite side of the same | 145 |
dedicated public road regulate: | 146 |
(1) Agriculture on lots of one acre or less; | 147 |
(2) Buildings or structures incident to the use of land for | 148 |
agricultural purposes on lots greater than one acre but not | 149 |
greater than five acres by: set back building lines; height; and | 150 |
size; | 151 |
(3) Dairying and animal and poultry husbandry on lots greater | 152 |
than one acre but not greater than five acres when at least | 153 |
thirty-five per cent of the lots in the subdivision are developed | 154 |
with at least one building, structure, or improvement that is | 155 |
subject to real property taxation or that is subject to the tax on | 156 |
manufactured and mobile homes under section 4503.06 of the Revised | 157 |
Code. After thirty-five per cent of the lots are so developed, | 158 |
dairying and animal and poultry husbandry shall be considered | 159 |
nonconforming use of land and buildings or structures pursuant to | 160 |
section 519.19 of the Revised Code. | 161 |
Division (B) of this section confers no power on any township | 162 |
zoning commission, board of township trustees, or board of zoning | 163 |
appeals to regulate agriculture, buildings or structures, and | 164 |
dairying and animal and poultry husbandry on lots greater than | 165 |
five acres. | 166 |
(C) Such sections confer no power on any township zoning | 167 |
commission, board of township trustees, or board of zoning appeals | 168 |
to prohibit in a district zoned for agricultural, industrial, | 169 |
residential, or commercial uses, the use of any land for | 170 |
(1) A farm market where fifty per cent or more of the gross | 171 |
income received from the market is derived from produce raised on | 172 |
farms owned or operated by the market operator in a normal crop | 173 |
year. However, a board of township trustees, as provided in | 174 |
section 519.02 of the Revised Code, may regulate such factors | 175 |
pertaining to farm markets as size of the structure, size of | 176 |
parking areas that may be required, set back building lines, and | 177 |
egress or ingress, where such regulation is necessary to protect | 178 |
the public health and safety. | 179 |
(2) Biodiesel production, biomass energy production, electric | 180 |
or heat energy production, or biologically derived methane gas | 181 |
production if the land on which the production facility is located | 182 |
qualifies as land devoted exclusively to agricultural use under | 183 |
sections 5713.30 to 5713.37 of the Revised Code for real property | 184 |
tax purposes. As used in division (C)(2) of this section, | 185 |
"biodiesel," "biomass energy," "electric or heat energy," and | 186 |
"biologically derived methane gas" have the same meanings as in | 187 |
section 5713.30 of the Revised Code. | 188 |
Sec. 901.511. (A) As used in this section: | 189 |
(1) "Agricultural product" means any of the following items | 190 |
that is produced for testing or research in the context of a | 191 |
product development program in conjunction or coordination with a | 192 |
private research facility, a university, or any federal, state, or | 193 |
local governmental agency or that is produced for personal, | 194 |
commercial, pharmaceutical, or educational purposes: field crop or | 195 |
field crop product; timber or timber product; forestry product; | 196 |
livestock or livestock product; meat or meat product; milk or | 197 |
dairy product; poultry or poultry product; equine animal; wool; | 198 |
fruit or vegetable crop; aquacultural product; algacultural | 199 |
product; horticultural crop, including plant materials grown in a | 200 |
greenhouse, nursery stock grown inside or outside of a container, | 201 |
ornamental grass, turf grass, ornamental trees, ornamental shrubs, | 202 |
or flowers; sod; mushrooms; viticultural product; apicultural | 203 |
product; tobacco; pasture; wild animal or domestic deer, as "wild | 204 |
animal" and "domestic deer" are defined in section 1531.01 of the | 205 |
Revised Code; or any combination of those items. | 206 |
(2) "Algacultural product" means algal paste, algal powder, | 207 |
or dried algae that is comprised primarily of algal biomass. | 208 |
(3) "Equipment" means any implement, machinery, real or | 209 |
personal property, building, or structure that is used in the | 210 |
production, growing, harvesting, or housing of any agricultural | 211 |
product. "Equipment" also includes any laboratory, research, | 212 |
product, samples, supplies, or fixed equipment that is used to | 213 |
test, develop, or analyze the process of producing, growing, or | 214 |
maintaining any agricultural product. | 215 |
| 216 |
payment instruments, other financial securities, financial | 217 |
services, lodging, training, safehouses, false documentation or | 218 |
identification, communications equipment, facilities, weapons, | 219 |
lethal substances, explosives, personnel, transportation, and | 220 |
other physical assets, except medicine or religious materials. | 221 |
| 222 |
order, traveler's check, cashier's check, teller's check, or other | 223 |
instrument or order for the transmission or payment of money | 224 |
regardless of whether the item in question is negotiable. | 225 |
| 226 |
(a) A violation of section 2909.02, 2909.03, 2909.05, | 227 |
2909.06, 2909.07, 2911.13, 2911.21, 2913.02, 2913.04, or 2913.42 | 228 |
of the Revised Code; | 229 |
(b) An attempt to commit, complicity in committing, or a | 230 |
conspiracy to commit an offense listed in division (A)(5)(a) of | 231 |
this section. | 232 |
(B) No person shall commit a specified offense involving any | 233 |
agricultural product or equipment with the intent to do any of the | 234 |
following: | 235 |
(1) Intimidate or coerce a civilian population; | 236 |
(2) Influence the policy of any government by intimidation or | 237 |
coercion; | 238 |
(3) Affect the conduct of any government; | 239 |
(4) Interrupt or interfere with agricultural production, | 240 |
agricultural research, or equipment for purposes of disrupting or | 241 |
influencing, through intimidation or other means, consumer | 242 |
confidence or agricultural production methods. | 243 |
Division (B) of this section does not apply to the practice | 244 |
of veterinary medicine by a person who has been issued a valid | 245 |
license, temporary permit, or registration certificate to practice | 246 |
veterinary medicine under Chapter 4741. of the Revised Code. As | 247 |
used in this division, "practice of veterinary medicine" has the | 248 |
same meaning as in section 4741.01 of the Revised Code. | 249 |
(C) No person shall raise, solicit, collect, donate, or | 250 |
provide any material support or resources with the purpose that | 251 |
the material support or resources will be used in whole or in part | 252 |
to plan, prepare, carry out, or aid in either a violation of | 253 |
division (B) of this section or in the concealment of, or an | 254 |
escape from, a violation of that division. | 255 |
(D)(1) In addition to the penalties established in section | 256 |
901.99 of the Revised Code for a violation of this section, the | 257 |
court may require any person who violates this section to pay the | 258 |
victim of the offense an amount up to triple the value of the | 259 |
agricultural product or equipment that was the subject of the | 260 |
violation. | 261 |
(2) In ordering restitution under division (D)(1) of this | 262 |
section, the court shall consider as part of the value of the | 263 |
agricultural product or equipment the market value of the | 264 |
agricultural product or equipment prior to the violation and the | 265 |
production, research, testing, replacement, and development costs | 266 |
directly related to the agricultural product or equipment that was | 267 |
the subject of the violation. | 268 |
(E) The enactment of this section is not intended to require | 269 |
the prosecution exclusively under this section of an act, series | 270 |
of acts, or course of behavior that could be prosecuted either | 271 |
under this section or under another section of the Revised Code. | 272 |
One or more acts, series of acts, or courses of behavior that may | 273 |
be prosecuted either under this section or under another section | 274 |
of the Revised Code may be prosecuted under this section, the | 275 |
other section, or both sections. | 276 |
Sec. 903.10. The director of agriculture may adopt rules in | 277 |
accordance with Chapter 119. of the Revised Code that do all of | 278 |
the following: | 279 |
(A) Establish all of the following concerning permits to | 280 |
install and permits to operate: | 281 |
(1) A description of what constitutes a modification of a | 282 |
concentrated animal feeding facility; | 283 |
(2) A description of what constitutes a major operational | 284 |
change at a concentrated animal feeding facility; | 285 |
(3) The amount of the fee that must be submitted with each | 286 |
permit application and each application for a permit modification; | 287 |
(4) Information that must be included in the designs and | 288 |
plans required to be submitted with an application for a permit to | 289 |
install and criteria for approving, disapproving, or requiring | 290 |
modification of the designs and plans; | 291 |
(5) Information that must be included in a manure management | 292 |
plan required to be submitted with an application for a permit to | 293 |
operate; | 294 |
(6) Information that must be included in an application for | 295 |
the modification of an installation permit, a permit to install, | 296 |
or a permit to operate; | 297 |
(7) Information that must be included in an application for | 298 |
approval of a major operational change at a concentrated animal | 299 |
feeding facility; | 300 |
(8) Any additional information that must be included with a | 301 |
permit application; | 302 |
(9) Procedures for the issuance, denial, modification, | 303 |
transfer, suspension, and revocation of permits to install and | 304 |
permits to operate, including general permits; | 305 |
(10) Procedures for the approval or denial of an application | 306 |
for approval of a major operational change at a concentrated | 307 |
animal feeding facility; | 308 |
(11) Grounds for the denial, modification, suspension, or | 309 |
revocation of permits to install and permits to operate in | 310 |
addition to the grounds established in division (D) of section | 311 |
903.02 and division (D) of section 903.03 of the Revised Code; | 312 |
(12) Grounds for the denial of an application for approval of | 313 |
a major operational change at a concentrated animal feeding | 314 |
facility; | 315 |
(13) A requirement that a person that is required to obtain | 316 |
both a permit to install and a permit to operate submit | 317 |
applications for those permits simultaneously; | 318 |
(14) A definition of "general permit to operate" that | 319 |
establishes categories of concentrated animal feeding facilities | 320 |
to be covered under such a permit and a definition of "individual | 321 |
permit to operate" together with the criteria for issuing a | 322 |
general permit to operate and the criteria for determining a | 323 |
person's eligibility to operate under a general permit to operate. | 324 |
(B) Establish all of the following for the purposes of review | 325 |
compliance certificates issued under section 903.04 of the Revised | 326 |
Code: | 327 |
(1) The form of a certificate; | 328 |
(2) Criteria for what constitutes a significant capital | 329 |
expenditure under division (D) of that section; | 330 |
(3) Deadlines and procedures for submitting information under | 331 |
division (E)(2) of that section. | 332 |
(C) Establish best management practices that minimize water | 333 |
pollution, odors, insects, and rodents, that govern the land | 334 |
application of manure that originated at a concentrated animal | 335 |
feeding facility, and that govern all of the following activities | 336 |
that occur at a concentrated animal feeding facility: | 337 |
(1) Manure management, including the storage, handling, | 338 |
transportation, and land application of manure. Rules adopted | 339 |
under division (C)(1) of this section shall include practices that | 340 |
prevent surface and ground water contamination caused by the | 341 |
storage of manure or the land application of manure and prevent | 342 |
the contamination of water in drainage tiles that may be caused by | 343 |
that application. | 344 |
(2) Disposal of dead livestock; | 345 |
(3) Production of biodiesel, biomass energy, electric or heat | 346 |
energy, and biologically derived methane gas as those terms are | 347 |
defined in section 5713.30 of the Revised Code; | 348 |
(4) Any other activity that the director considers | 349 |
appropriate. | 350 |
Best management practices established in rules adopted under | 351 |
division (C) of this section shall not conflict with best | 352 |
management practices established in rules that have been adopted | 353 |
under any other section of the Revised Code. The rules adopted | 354 |
under division (C) of this section shall establish guidelines that | 355 |
require owners or operators of concentrated animal feeding | 356 |
facilities to consult with and work with local officials, | 357 |
including boards of county commissioners and boards of township | 358 |
trustees, in addressing issues related to local government | 359 |
infrastructure needs and the financing of that infrastructure. | 360 |
(D) Establish all of the following concerning insect and | 361 |
rodent control plans required under section 903.06 of the Revised | 362 |
Code: | 363 |
(1) The information to be included in an insect and rodent | 364 |
control plan; | 365 |
(2) Criteria for approving, disapproving, or requiring | 366 |
modification of an insect and rodent control plan; | 367 |
(3) Criteria for determining compliance with or violation of | 368 |
an insect and rodent control plan; | 369 |
(4) Procedures and standards for monitoring insect and rodent | 370 |
control plans; | 371 |
(5) Procedures and standards for enforcing insect and rodent | 372 |
control plans at concentrated animal feeding facilities at which | 373 |
insects or rodents constitute a nuisance or adversely affect | 374 |
public health; | 375 |
(6) The amount of civil penalties for violation of an insect | 376 |
and rodent control plan assessed by the director of agriculture | 377 |
under division (B) of section 903.16 of the Revised Code, provided | 378 |
that the rules adopted under division (D)(6) of this section shall | 379 |
not establish a civil penalty of more than ten thousand dollars | 380 |
for a violation involving a concentrated animal feeding facility | 381 |
that is not a major concentrated animal feeding facility and shall | 382 |
not establish a civil penalty of more than twenty-five thousand | 383 |
dollars for a violation involving a major concentrated animal | 384 |
feeding facility; | 385 |
(7) The time period within which the director must approve or | 386 |
deny an insect and rodent control plan after receiving it; | 387 |
(8) Any other provisions necessary to administer and enforce | 388 |
section 903.12 of the Revised Code. | 389 |
(E) Establish all of the following concerning livestock | 390 |
manager certifications required under section 903.07 of the | 391 |
Revised Code: | 392 |
(1) The information to be included in an application for a | 393 |
livestock manager certification and the amount of the application | 394 |
fee; | 395 |
(2) The content of the training required to be completed and | 396 |
of the examination required to be passed by an applicant for a | 397 |
livestock manager certification. The training shall include and | 398 |
the examination shall test the applicant's knowledge of | 399 |
information on topics that include calculating nutrient values in | 400 |
manure, devising and implementing a plan for the land application | 401 |
of manure, removing manure held in a manure storage or treatment | 402 |
facility, and following best management practices established in | 403 |
rules for disposal of dead animals and manure management, | 404 |
including practices that control odor and protect the environment. | 405 |
The director may specify other types of recognized training | 406 |
programs that, if completed, are considered to satisfy the | 407 |
training and examination requirement. | 408 |
(3) Criteria and procedures for the issuance, denial, | 409 |
suspension, revocation, or reinstatement of a livestock manager | 410 |
certification; | 411 |
(4) The length of time during which livestock manager | 412 |
certifications will be valid and procedures for their renewal; | 413 |
(5) The volume of manure that must be transported and land | 414 |
applied annually or the volume of manure that must be bought, | 415 |
sold, or land applied annually by a person in order for the person | 416 |
to be required to obtain a livestock manager certification under | 417 |
division (A)(2) of section 903.07 of the Revised Code; | 418 |
(6) Requirements governing the management and handling of | 419 |
manure, including the land application of manure; | 420 |
(7) Requirements governing the keeping of records regarding | 421 |
the handling of manure, including the land application of manure; | 422 |
(8) Any other provisions necessary to administer and enforce | 423 |
section 903.07 of the Revised Code. | 424 |
(F) Establish all of the following concerning NPDES permits: | 425 |
(1) The designation of concentrated animal feeding operations | 426 |
that are subject to NPDES permit requirements under section 903.08 | 427 |
of the Revised Code; | 428 |
(2) Effluent limitations governing discharges into waters of | 429 |
the state that are authorized by permits; | 430 |
(3) Variances from effluent limitations and other permit | 431 |
requirements to the extent that the variances are consistent with | 432 |
the Federal Water Pollution Control Act; | 433 |
(4) Terms and conditions to be included in a permit, | 434 |
including, as applicable, best management practices; installation | 435 |
of discharge or water quality monitoring methods or equipment; | 436 |
creation and retention of records; submission of periodic reports; | 437 |
schedules of compliance; net volume, net weight, and, where | 438 |
necessary, concentration and mass loading limits of manure that | 439 |
may be discharged into waters of the state; and authorized | 440 |
duration and frequency of any discharges into waters of the state; | 441 |
(5) Procedures for the submission of applications for permits | 442 |
and notices of intent to be covered by general permits, including | 443 |
information that must be included in the applications and notices; | 444 |
(6) The amount of the fee that must be submitted with an | 445 |
application for a permit; | 446 |
(7) Procedures for processing permit applications, including | 447 |
public notice and participation requirements; | 448 |
(8) Procedures for notifying the United States environmental | 449 |
protection agency of the submission of permit applications, the | 450 |
director's action on those applications, and any other reasonable | 451 |
and relevant information; | 452 |
(9) Procedures for notifying and receiving and responding to | 453 |
recommendations from other states whose waters may be affected by | 454 |
the issuance of a permit; | 455 |
(10) Procedures for the transfer of permits to new owners or | 456 |
operators; | 457 |
(11) Grounds and procedures for the issuance, denial, | 458 |
modification, suspension, or revocation of permits, including | 459 |
general permits; | 460 |
(12) A definition of "general NPDES permit" that establishes | 461 |
categories of point sources to be covered under such a permit and | 462 |
a definition of "individual NPDES permit" together with the | 463 |
criteria for issuing a general NPDES permit and the criteria for | 464 |
determining a person's eligibility to discharge under a general | 465 |
NPDES permit. | 466 |
The rules adopted under division (F) of this section shall be | 467 |
consistent with the requirements of the Federal Water Pollution | 468 |
Control Act. | 469 |
(G) Establish public notice and participation requirements, | 470 |
in addition to the procedures established in rules adopted under | 471 |
division (F)(7) of this section, for the issuance, denial, | 472 |
modification, transfer, suspension, and revocation of permits to | 473 |
install, permits to operate, and NPDES permits consistent with | 474 |
section 903.09 of the Revised Code, including a definition of what | 475 |
constitutes significant public interest for the purposes of | 476 |
divisions (A) and (F) of section 903.09 of the Revised Code and | 477 |
procedures for public meetings. The rules shall require that | 478 |
information that is presented at such a public meeting be limited | 479 |
to the criteria that are applicable to the permit application that | 480 |
is the subject of the public meeting. | 481 |
(H) Establish the amount of civil penalties assessed by the | 482 |
director of agriculture under division (B) of section 903.16 of | 483 |
the Revised Code for violation of the terms and conditions of a | 484 |
permit to install, permit to operate, or review compliance | 485 |
certificate, provided that the rules adopted under this division | 486 |
shall not establish a civil penalty of more than ten thousand | 487 |
dollars per day for each violation; | 488 |
(I) Establish procedures for the protection of trade secrets | 489 |
from public disclosure. The procedures shall authorize the release | 490 |
of trade secrets to officers, employees, or authorized | 491 |
representatives of the state, another state, or the United States | 492 |
when necessary for an enforcement action brought under this | 493 |
chapter or when otherwise required by the Federal Water Pollution | 494 |
Control Act. The rules shall require at least ten days' written | 495 |
notice to the person to whom a trade secret applies prior to the | 496 |
release of the trade secret. Rules adopted under this division do | 497 |
not apply to any information that is contained in applications, | 498 |
including attachments, for NPDES permits and that is required to | 499 |
be submitted under section 903.08 of the Revised Code or rules | 500 |
adopted under division (F) of this section. | 501 |
(J) Establish any other provisions necessary to administer | 502 |
and enforce this chapter. | 503 |
Sec. 929.01. As used in this chapter: | 504 |
(A) "Agricultural production" means commercial aquaculture, | 505 |
algaculture meaning the farming of algae, apiculture, animal | 506 |
husbandry, or poultry husbandry; the production for a commercial | 507 |
purpose of timber, field crops, tobacco, fruits, vegetables, | 508 |
nursery stock, ornamental shrubs, ornamental trees, flowers, or | 509 |
sod; the growth of timber for a noncommercial purpose if the land | 510 |
on which the timber is grown is contiguous to or part of a parcel | 511 |
of land under common ownership that is otherwise devoted | 512 |
exclusively to agricultural use; or any combination of such | 513 |
husbandry, production, or growth; and includes the processing, | 514 |
drying, storage, and marketing of agricultural products when those | 515 |
activities are conducted in conjunction with such husbandry, | 516 |
production, or growth. | 517 |
"Agricultural production" includes conservation practices, | 518 |
provided that the tracts, lots, or parcels of land or portions | 519 |
thereof that are used for conservation practices comprise not more | 520 |
than twenty-five per cent of tracts, lots, or parcels of land that | 521 |
are otherwise devoted exclusively to agricultural use and for | 522 |
which an application is filed under section 929.02 of the Revised | 523 |
Code. | 524 |
(B) "Withdrawal from an agricultural district" includes the | 525 |
explicit removal of land from an agricultural district, conversion | 526 |
of land in an agricultural district to use for purposes other than | 527 |
agricultural production, and withdrawal of land from a land | 528 |
retirement or conservation program to use for purposes other than | 529 |
agricultural production. Withdrawal from an agricultural district | 530 |
does not include land described in division (A)(4) of section | 531 |
5713.30 of the Revised Code. | 532 |
(C) "Conservation practice" has the same meaning as in | 533 |
section 5713.30 of the Revised Code. | 534 |
Sec. 1309.102. (A) As used in this chapter, unless the | 535 |
context requires otherwise: | 536 |
(1) "Accession" means goods that are physically united with | 537 |
other goods in such a manner that the identity of the original | 538 |
goods is not lost. | 539 |
(2)(a) "Account," except as used in "account for," means a | 540 |
right to payment of a monetary obligation, whether or not earned | 541 |
by performance, (i) for property that has been or is to be sold, | 542 |
leased, licensed, assigned, or otherwise disposed of, (ii) for | 543 |
services rendered or to be rendered, (iii) for a policy of | 544 |
insurance issued or to be issued, (iv) for a secondary obligation | 545 |
incurred or to be incurred, (v) for energy provided or to be | 546 |
provided, (vi) for the use or hire of a vessel under a charter or | 547 |
other contract, (vii) arising out of the use of a credit or charge | 548 |
card or information contained on or for use with the card, or | 549 |
(viii) as winnings in a lottery or other game of chance operated | 550 |
or sponsored by a state, governmental unit of a state, or person | 551 |
licensed or authorized to operate the game by a state or | 552 |
governmental unit of a state. | 553 |
(b) "Account" includes health-care insurance receivables. | 554 |
(c) "Account" does not include (i) rights to payment | 555 |
evidenced by chattel paper or an instrument, (ii) commercial tort | 556 |
claims, (iii) deposit accounts, (iv) investment property, (v) | 557 |
letter-of-credit rights or letters of credit, or (vi) rights to | 558 |
payment for money or funds advanced or sold, other than rights | 559 |
arising out of the use of a credit or charge card or information | 560 |
contained on or for use with the card. | 561 |
(3) "Account debtor" means a person who is obligated on an | 562 |
account, chattel paper, or general intangible. "Account debtor" | 563 |
does not include a person who is obligated to pay a negotiable | 564 |
instrument, even if the instrument constitutes part of chattel | 565 |
paper. | 566 |
(4) "Accounting," except as used in "accounting for," means a | 567 |
record: | 568 |
(a) Authenticated by a secured party; | 569 |
(b) Indicating the aggregate unpaid secured obligations as of | 570 |
a date not more than thirty-five days earlier or thirty-five days | 571 |
later than the date of the record; and | 572 |
(c) Identifying the components of the obligations in | 573 |
reasonable detail. | 574 |
(5) "Agricultural lien" means an interest, other than a | 575 |
security interest, in farm products: | 576 |
(a) That secures payment or performance of an obligation for: | 577 |
(i) Goods or services furnished in connection with a debtor's | 578 |
farming operation; or | 579 |
(ii) Rent on real property leased by a debtor in connection | 580 |
with its farming operation. | 581 |
(b) That is created by statute in favor of a person who: | 582 |
(i) In the ordinary course of business, furnished goods or | 583 |
services to a debtor in connection with the debtor's farming | 584 |
operation; or | 585 |
(ii) Leased real property to a debtor in connection with the | 586 |
debtor's farming operation; and | 587 |
(c) Whose effectiveness does not depend on the person's | 588 |
possession of the personal property. | 589 |
(6) "As-extracted collateral" means: | 590 |
(a) Oil, gas, or other minerals that are subject to a | 591 |
security interest that: | 592 |
(i) Is created by a debtor having an interest in the minerals | 593 |
before extraction; and | 594 |
(ii) Attaches to the minerals as extracted; or | 595 |
(b) Accounts arising out of the sale at the wellhead or | 596 |
minehead of oil, gas, or other minerals in which the debtor had an | 597 |
interest before extraction. | 598 |
(7) "Authenticate" means: | 599 |
(a) To sign; or | 600 |
(b) To execute or otherwise adopt a symbol, or encrypt or | 601 |
similarly process a record in whole or in part, with the present | 602 |
intent of the authenticating person to identify the person and | 603 |
adopt or accept a record. | 604 |
(8) "Bank" means an organization that is engaged in the | 605 |
business of banking. "Bank" includes savings banks, savings and | 606 |
loan associations, credit unions, and trust companies. | 607 |
(9) "Cash proceeds" means proceeds that are money, checks, | 608 |
deposit accounts, or the like. | 609 |
(10) "Certificate of title" means a certificate of title with | 610 |
respect to which a statute provides for the security interest in | 611 |
question to be indicated on the certificate as a condition or | 612 |
result of the security interest's obtaining priority over the | 613 |
rights of a lien creditor with respect to the collateral. | 614 |
(11)(a) "Chattel paper" means a record that evidences both a | 615 |
monetary obligation and a security interest in specific goods, a | 616 |
security interest in specific goods and software used in the | 617 |
goods, a security interest in specific goods and license of | 618 |
software used in the goods, a lease of specific goods, or a lease | 619 |
of specific goods and license of software used in the goods. | 620 |
As used in division (A)(11)(a) of this section, "monetary | 621 |
obligation" means a monetary obligation secured by the goods or | 622 |
owed under a lease of the goods and includes a monetary obligation | 623 |
with respect to software used in the goods. | 624 |
(b) If a transaction is evidenced by records that include an | 625 |
instrument or series of instruments, the group of records taken | 626 |
together constitutes chattel paper. | 627 |
(c) "Chattel paper" does not include (i) charters or other | 628 |
contracts involving the use or hire of a vessel or (ii) records | 629 |
that evidence a right to payment arising out of the use of a | 630 |
credit or charge card or information contained on or for use with | 631 |
the card. | 632 |
(12) "Collateral" means the property subject to a security | 633 |
interest or agricultural lien, including: | 634 |
(a) Proceeds to which a security interest attaches; | 635 |
(b) Accounts, chattel paper, payment intangibles, and | 636 |
promissory notes that have been sold; and | 637 |
(c) Goods that are the subject of a consignment. | 638 |
(13) "Commercial tort claim" means a claim arising in tort | 639 |
with respect to which: | 640 |
(a) The claimant is an organization; or | 641 |
(b) The claimant is an individual, and the claim: | 642 |
(i) Arose in the course of the claimant's business or | 643 |
profession; and | 644 |
(ii) Does not include damages arising out of personal injury | 645 |
to or the death of an individual. | 646 |
(14) "Commodity account" means an account maintained by a | 647 |
commodity intermediary in which a commodity contract is carried | 648 |
for a commodity customer. | 649 |
(15) "Commodity contract" means a commodity futures contract, | 650 |
an option on a commodity futures contract, a commodity option, or | 651 |
another contract if the contract or option is: | 652 |
(a) Traded on or subject to the rules of a board of trade | 653 |
that has been designated as a contract market for such a contract | 654 |
pursuant to the federal commodities laws; or | 655 |
(b) Traded on a foreign commodity board of trade, exchange, | 656 |
or market and is carried on the books of a commodity intermediary | 657 |
for a commodity customer. | 658 |
(16) "Commodity customer" means a person for whom a commodity | 659 |
intermediary carries a commodity contract on its books. | 660 |
(17) "Commodity intermediary" means a person that: | 661 |
(a) Is registered as a futures commission merchant under the | 662 |
federal commodities laws; or | 663 |
(b) In the ordinary course of its business provides clearance | 664 |
or settlement services for a board of trade that has been | 665 |
designated as a contract market pursuant to the federal | 666 |
commodities laws. | 667 |
(18) "Communicate" means: | 668 |
(a) To send a written or other tangible record; | 669 |
(b) To transmit a record by any means agreed upon by the | 670 |
persons sending and receiving the record; or | 671 |
(c) In the case of transmission of a record to or by a filing | 672 |
office, to transmit a record by any means prescribed by | 673 |
filing-office rule. | 674 |
(19) "Consignee" means a merchant to whom goods are delivered | 675 |
in a consignment. | 676 |
(20) "Consignment" means a transaction, regardless of its | 677 |
form, in which a person delivers goods to a merchant for the | 678 |
purpose of sale and: | 679 |
(a) The merchant: | 680 |
(i) Deals in goods of that kind under a name other than the | 681 |
name of the person making delivery; | 682 |
(ii) Is not an auctioneer; and | 683 |
(iii) Is not generally known by its creditors to be | 684 |
substantially engaged in selling the goods of others; | 685 |
(b) With respect to each delivery, the aggregate value of the | 686 |
goods is one thousand dollars or more at the time of delivery. | 687 |
(c) The goods are not consumer goods immediately before | 688 |
delivery; and | 689 |
(d) The transaction does not create a security interest that | 690 |
secures an obligation. | 691 |
(21) "Consignor" means a person that delivers goods to a | 692 |
consignee in a consignment. | 693 |
(22) "Consumer debtor" means a debtor in a consumer | 694 |
transaction. | 695 |
(23) "Consumer goods" means goods that are used or bought for | 696 |
use primarily for personal, family, or household purposes. | 697 |
(24) "Consumer-goods transaction" means a consumer | 698 |
transaction in which: | 699 |
(a) An individual incurs an obligation primarily for | 700 |
personal, family, or household purposes; and | 701 |
(b) A security interest in consumer goods secures the | 702 |
obligation. | 703 |
(25) "Consumer obligor" means an obligor who is an individual | 704 |
and who incurred the obligation as part of a transaction entered | 705 |
into primarily for personal, family, or household purposes. | 706 |
(26) "Consumer transaction" means a transaction in which: (a) | 707 |
an individual incurs an obligation primarily for personal, family, | 708 |
or household purposes, (b) a security interest secures the | 709 |
obligation, and (c) the collateral is held or acquired primarily | 710 |
for personal, family, or household purposes. "Consumer | 711 |
transaction" includes consumer-goods transactions. | 712 |
(27) "Continuation statement" means an amendment of a | 713 |
financing statement that: | 714 |
(a) Identifies, by its file number, the initial financing | 715 |
statement to which it relates; and | 716 |
(b) Indicates that it is a continuation statement for, or | 717 |
that it is filed to continue the effectiveness of, the identified | 718 |
financing statement. | 719 |
(28) "Debtor" means: | 720 |
(a) A person having an interest, other than a security | 721 |
interest or other lien, in the collateral, whether or not the | 722 |
person is an obligor; | 723 |
(b) A seller of accounts, chattel paper, payment intangibles, | 724 |
or promissory notes; or | 725 |
(c) A consignee. | 726 |
(29) "Deposit account" means a demand, time, savings, | 727 |
passbook, or similar account maintained with a bank but does not | 728 |
include investment property or accounts evidenced by an | 729 |
instrument. | 730 |
(30) "Document" means a document of title or a receipt of the | 731 |
type described in division (B) of section 1307.201 of the Revised | 732 |
Code. | 733 |
(31) "Electronic chattel paper" means chattel paper evidenced | 734 |
by a record consisting of information stored in an electronic | 735 |
medium. | 736 |
(32) "Encumbrance" means a right, other than an ownership | 737 |
interest, in real property. "Encumbrance" includes mortgages and | 738 |
other liens on real property. | 739 |
(33) "Equipment" means goods other than inventory, farm | 740 |
products, or consumer goods. | 741 |
(34) "Farm products" means goods, other than standing timber, | 742 |
with respect to which the debtor is engaged in a farming operation | 743 |
and that are: | 744 |
(a) Crops grown, growing, or to be grown, including: | 745 |
(i) Crops produced on trees, vines, and bushes; | 746 |
(ii) Aquatic goods produced in aquacultural operations; | 747 |
(iii) Algacultural products as defined in section 901.511 of | 748 |
the Revised Code that are produced as a result of algaculture | 749 |
meaning the farming of algae. | 750 |
(b) Livestock, born or unborn, including aquatic goods | 751 |
produced in aquacultural operations; | 752 |
(c) Supplies used or produced in a farming operation; or | 753 |
(d) Products of crops or livestock in their unmanufactured | 754 |
states. | 755 |
(35) "Farming operation" means raising, cultivating, | 756 |
propagating, fattening, grazing, or any other farming, livestock, | 757 |
or aquacultural operation. | 758 |
(36) "File number" means the number assigned to an initial | 759 |
financing statement under division (A) of section 1309.519 of the | 760 |
Revised Code. | 761 |
(37) "Filing office" means an office designated in section | 762 |
1309.501 of the Revised Code as the place to file a financing | 763 |
statement. | 764 |
(38) "Filing-office rule" means a rule adopted under section | 765 |
1309.526 of the Revised Code. | 766 |
(39) "Financing statement" means a record composed of an | 767 |
initial financing statement and any filed record or records | 768 |
relating to the initial financing statement. For the purposes of | 769 |
this chapter, financing statements filed for recording with the | 770 |
secretary of state shall not be required to include social | 771 |
security or employer identification numbers. | 772 |
(40) "Fixture filing" means the filing of a financing | 773 |
statement covering goods that are or are to become fixtures and | 774 |
satisfying divisions (A) and (B) of section 1309.502 of the | 775 |
Revised Code. "Fixture filing" includes the filing of a financing | 776 |
statement covering goods of a transmitting utility that are or are | 777 |
to become fixtures. | 778 |
(41) "Fixtures" means goods that have become so related to | 779 |
particular real property that an interest in them arises under | 780 |
real property law. | 781 |
(42) "General intangible" means any personal property, | 782 |
including things in action, other than accounts, chattel paper, | 783 |
commercial tort claims, deposit accounts, documents, goods, | 784 |
instruments, investment property, letter-of-credit rights, letters | 785 |
of credit, money, and oil, gas, or other minerals before | 786 |
extraction. "General intangible" includes payment intangibles and | 787 |
software. | 788 |
(43) "Good faith" has the same meaning as in section 1301.201 | 789 |
of the Revised Code. | 790 |
(44)(a) "Goods" means all things that are movable when a | 791 |
security interest attaches. "Goods" includes (i) fixtures, (ii) | 792 |
standing timber that is to be cut and removed under a conveyance | 793 |
or contract for sale, (iii) the unborn young of animals, (iv) | 794 |
crops grown, growing, or to be grown, even if the crops are | 795 |
produced on trees, vines, or bushes, and (v) manufactured homes. | 796 |
(b) "Goods" also includes a computer program embedded in | 797 |
goods and any supporting information provided in connection with a | 798 |
transaction relating to the program if (i) the program is | 799 |
associated with the goods in such a manner that it customarily is | 800 |
considered part of the goods, or (ii) by becoming the owner of the | 801 |
goods, a person acquires a right to use the program in connection | 802 |
with the goods. | 803 |
(c) "Goods" does not include a computer program embedded in | 804 |
goods that consist solely of the medium in which the program is | 805 |
embedded. "Goods" does not include accounts, chattel paper, | 806 |
commercial tort claims, deposit accounts, documents, general | 807 |
intangibles, instruments, investment property, letter-of-credit | 808 |
rights, letters of credit, money, or oil, gas, or other minerals | 809 |
before extraction. | 810 |
(45) "Governmental unit" means a subdivision, agency, | 811 |
department, county, parish, municipal corporation, or other unit | 812 |
of the government of the United States, a state, or a foreign | 813 |
country. "Governmental unit" includes an organization having a | 814 |
separate corporate existence if the organization is eligible to | 815 |
issue debt on which interest is exempt from income taxation under | 816 |
the laws of the United States. | 817 |
(46) "Health-care-insurance receivable" means an interest in | 818 |
or claim under a policy of insurance that is a right to payment of | 819 |
a monetary obligation for health-care goods or services provided. | 820 |
(47)(a) "Instrument" means a negotiable instrument or any | 821 |
other writing that evidences a right to the payment of a monetary | 822 |
obligation, is not itself a security agreement or lease, and is of | 823 |
a type that in ordinary course of business is transferred by | 824 |
delivery with any necessary indorsement or assignment. | 825 |
(b) "Instrument" does not include (i) investment property, | 826 |
(ii) letters of credit, or (iii) writings that evidence a right to | 827 |
payment arising out of the use of a credit or charge card or | 828 |
information contained on or for use with the card. | 829 |
(48) "Inventory" means goods, other than farm products, that: | 830 |
(a) Are leased by a person as lessor; | 831 |
(b) Are held by a person for sale or lease or to be furnished | 832 |
under a contract of service; | 833 |
(c) Are furnished by a person under a contract of service; or | 834 |
(d) Consist of raw materials, work in process, or materials | 835 |
used or consumed in a business. | 836 |
(49) "Investment property" means a security, whether | 837 |
certificated or uncertificated, a security entitlement, a | 838 |
securities account, a commodity contract, or a commodity account. | 839 |
(50) "Jurisdiction of organization," with respect to a | 840 |
registered organization, means the jurisdiction under whose law | 841 |
the organization is organized. | 842 |
(51) "Letter-of-credit right" means a right to payment or | 843 |
performance under a letter of credit, whether or not the | 844 |
beneficiary has demanded or is at the time entitled to demand | 845 |
payment or performance. "Letter-of-credit right" does not include | 846 |
the right of a beneficiary to demand payment or performance under | 847 |
a letter of credit. | 848 |
(52) "Lien creditor" means: | 849 |
(a) A creditor who has acquired a lien on the property | 850 |
involved by attachment, levy or the like; | 851 |
(b) An assignee for benefit of creditors from the time of | 852 |
assignment; | 853 |
(c) A trustee in bankruptcy from the date of the filing of | 854 |
the petition; or | 855 |
(d) A receiver in equity from the time of appointment. | 856 |
(53) "Manufactured home" means a structure, transportable in | 857 |
one or more sections, that, in the traveling mode, is eight body | 858 |
feet or more in width or forty body feet or more in length, or, | 859 |
when erected on site, is three hundred twenty or more square feet, | 860 |
and that is built on a permanent chassis and designed to be used | 861 |
as a dwelling with or without a permanent foundation when | 862 |
connected to the required utilities, and includes the plumbing, | 863 |
heating, air conditioning, and electrical systems contained in the | 864 |
structure. "Manufactured home" includes any structure that meets | 865 |
all of the requirements of this paragraph except the size | 866 |
requirements and with respect to which the manufacturer | 867 |
voluntarily files a certification required by the United States | 868 |
secretary of housing and urban development and complies with the | 869 |
standards established under Title 42 of the United States Code. | 870 |
(54) "Manufactured-home transaction" means a secured | 871 |
transaction: | 872 |
(a) That creates a purchase-money security interest in a | 873 |
manufactured home, other than a manufactured home held as | 874 |
inventory; or | 875 |
(b) In which a manufactured home, other than a manufactured | 876 |
home held as inventory, is the primary collateral. | 877 |
(55) "Mortgage" means a consensual interest in real property, | 878 |
including fixtures, that secures payment or performance of an | 879 |
obligation. | 880 |
(56) "New debtor" means a person that becomes bound as debtor | 881 |
under division (D) of section 1309.203 of the Revised Code by a | 882 |
security agreement previously entered into by another person. | 883 |
(57)(a) "New value" means (i) money, (ii) money's worth in | 884 |
property, services, or new credit, or (iii) release by a | 885 |
transferee of an interest in property previously transferred to | 886 |
the transferee. | 887 |
(b) "New value" does not include an obligation substituted | 888 |
for another obligation. | 889 |
(58) "Noncash proceeds" means proceeds other than cash | 890 |
proceeds. | 891 |
(59)(a) "Obligor" means a person who, with respect to an | 892 |
obligation secured by a security interest in or an agricultural | 893 |
lien on the collateral, (i) owes payment or other performance of | 894 |
the obligation, (ii) has provided property other than the | 895 |
collateral to secure payment or other performance of the | 896 |
obligation, or (iii) is otherwise accountable in whole or in part | 897 |
for payment or other performance of the obligation. | 898 |
(b) "Obligor" does not include issuers or nominated persons | 899 |
under a letter of credit. | 900 |
(60) "Original debtor," except as used in division (C) of | 901 |
section 1309.310 of the Revised Code, means a person who, as | 902 |
debtor, entered into a security agreement to which a new debtor | 903 |
has become bound under division (D) of section 1309.203 of the | 904 |
Revised Code. | 905 |
(61) "Payment intangible" means a general intangible under | 906 |
which the account debtor's principal obligation is a monetary | 907 |
obligation. | 908 |
(62) "Person related to," with respect to an individual, | 909 |
means: | 910 |
(a) The spouse of the individual; | 911 |
(b) A brother, brother-in-law, sister, or sister-in-law of | 912 |
the individual; | 913 |
(c) An ancestor or lineal descendant of the individual or the | 914 |
individual's spouse; or | 915 |
(d) Any other relative, by blood or marriage, of the | 916 |
individual or the individual's spouse who shares the same home | 917 |
with the individual. | 918 |
(63) "Person related to," with respect to an organization, | 919 |
means: | 920 |
(a) A person directly or indirectly controlling, controlled | 921 |
by, or under common control with the organization; | 922 |
(b) An officer or director of, or a person performing similar | 923 |
functions with respect to, the organization; | 924 |
(c) An officer or director of, or a person performing similar | 925 |
functions with respect to, a person described in division | 926 |
(A)(63)(a) of this section; | 927 |
(d) The spouse of an individual described in division | 928 |
(A)(63)(a), (b), or (c) of this section; or | 929 |
(e) An individual who is related by blood or marriage to an | 930 |
individual described in division (A)(63)(a), (b), (c), or (d) of | 931 |
this section and shares the same home with the individual. | 932 |
(64) "Proceeds," except as used in division (B) of section | 933 |
1309.609 of the Revised Code, means the following property: | 934 |
(a) Whatever is acquired upon the sale, lease, license, | 935 |
exchange, or other disposition of collateral; | 936 |
(b) Whatever is collected on, or distributed on account of, | 937 |
collateral; | 938 |
(c) Rights arising out of collateral; | 939 |
(d) To the extent of the value of collateral, claims arising | 940 |
out of the loss, nonconformity, or interference with the use of, | 941 |
defects or infringement of rights in, or damage to the collateral; | 942 |
or | 943 |
(e) To the extent of the value of collateral and to the | 944 |
extent payable to the debtor or the secured party, insurance | 945 |
payable by reason of the loss or nonconformity of, defects or | 946 |
infringement of rights in, or damage to the collateral. | 947 |
(65) "Promissory note" means an instrument that evidences a | 948 |
promise to pay a monetary obligation, does not evidence an order | 949 |
to pay, and does not contain an acknowledgment by a bank that the | 950 |
bank has received for deposit a sum of money or funds. | 951 |
(66) "Proposal" means a record authenticated by a secured | 952 |
party that includes the terms on which the secured party is | 953 |
willing to accept collateral in full or partial satisfaction of | 954 |
the obligation it secures pursuant to sections 1309.620, 1309.621, | 955 |
and 1309.622 of the Revised Code. | 956 |
(67) "Public-finance transaction" means a secured transaction | 957 |
in connection with which: | 958 |
(a) Debt securities are issued; | 959 |
(b) All or a portion of the securities issued have an initial | 960 |
stated maturity of at least twenty years; and | 961 |
(c) The debtor, obligor, secured party, account debtor or | 962 |
other person obligated on collateral, assignor or assignee of a | 963 |
secured obligation, or assignor or assignee of a security interest | 964 |
is a state or a governmental unit of a state. | 965 |
(68) "Pursuant to commitment," with respect to an advance | 966 |
made or other value given by a secured party, means pursuant to | 967 |
the secured party's obligation, whether or not a subsequent event | 968 |
of default or other event not within the secured party's control | 969 |
has relieved or may relieve the secured party from its obligation. | 970 |
(69) "Record," except as used in "for record," "of record," | 971 |
"record or legal title," and "record owner," means information | 972 |
that is inscribed on a tangible medium or that is stored in an | 973 |
electronic or other medium and is retrievable in perceivable form. | 974 |
(70) "Registered organization" means an organization | 975 |
organized solely under the law of a single state or the United | 976 |
States and as to which the state or the United States must | 977 |
maintain a public record showing the organization to have been | 978 |
organized. | 979 |
(71) "Secondary obligor" means an obligor to the extent that: | 980 |
(a) The obligor's obligation is secondary; or | 981 |
(b) The obligor has a right of recourse with respect to an | 982 |
obligation secured by collateral against the debtor, another | 983 |
obligor, or property of either. | 984 |
(72) "Secured party" means: | 985 |
(a) A person in whose favor a security interest is created or | 986 |
provided for under a security agreement, whether or not any | 987 |
obligation to be secured is outstanding; | 988 |
(b) A person that holds an agricultural lien; | 989 |
(c) A consignor; | 990 |
(d) A person to whom accounts, chattel paper, payment | 991 |
intangibles, or promissory notes have been sold; | 992 |
(e) A trustee, indenture trustee, agent, collateral agent, or | 993 |
other representative in whose favor a security interest or | 994 |
agricultural lien is created or provided for; or | 995 |
(f) A person who holds a security interest arising under | 996 |
section 1302.42, 1302.49, 1302.85, 1304.20, 1305.18, or 1310.54 of | 997 |
the Revised Code. | 998 |
(73) "Security agreement" means an agreement that creates or | 999 |
provides for a security interest. | 1000 |
(74) "Send," in connection with a record or notification, | 1001 |
means: | 1002 |
(a) To deposit in the mail, deliver for transmission, or | 1003 |
transmit by any other usual means of communication, with postage | 1004 |
or cost of transmission provided for, addressed to any address | 1005 |
reasonable under the circumstances; or | 1006 |
(b) To cause the record or notification to be received within | 1007 |
the time that it would have been received if properly sent under | 1008 |
division (A)(74)(a) of this section. | 1009 |
(75) "Software" means a computer program and any supporting | 1010 |
information provided in connection with a transaction relating to | 1011 |
the program. "Software" does not include a computer program that | 1012 |
is included in the definition of goods. | 1013 |
(76) "State" means a state of the United States, the District | 1014 |
of Columbia, Puerto Rico, the United States Virgin Islands, or any | 1015 |
territory or insular possession subject to the jurisdiction of the | 1016 |
United States. | 1017 |
(77) "Supporting obligation" means a letter-of-credit right | 1018 |
or secondary obligation that supports the payment or performance | 1019 |
of an account, chattel paper, a document, a general intangible, an | 1020 |
instrument, or investment property. | 1021 |
(78) "Tangible chattel paper" means chattel paper evidenced | 1022 |
by a record consisting of information that is inscribed on a | 1023 |
tangible medium. | 1024 |
(79) "Termination statement" means an amendment of a | 1025 |
financing statement that: | 1026 |
(a) Identifies, by its file number, the initial financing | 1027 |
statement to which it relates; and | 1028 |
(b) Indicates either that it is a termination statement or | 1029 |
that the identified financing statement is no longer effective. | 1030 |
(80) "Transmitting utility" means a person primarily engaged | 1031 |
in the business of: | 1032 |
(a) Operating a railroad, subway, street railway, or trolley | 1033 |
bus; | 1034 |
(b) Transmitting communications electrically, | 1035 |
electromagnetically, or by light; | 1036 |
(c) Transmitting goods by pipeline or sewer; or | 1037 |
(d) Transmitting or producing and transmitting electricity, | 1038 |
steam, gas, or water. | 1039 |
(B) Other definitions applying to this chapter are: | 1040 |
(1) "Applicant" has the same meaning as in section 1305.01 of | 1041 |
the Revised Code. | 1042 |
(2) "Beneficiary" has the same meaning as in section 1305.01 | 1043 |
of the Revised Code. | 1044 |
(3) "Broker" has the same meaning as in section 1308.01 of | 1045 |
the Revised Code. | 1046 |
(4) "Certificated security" has the same meaning as in | 1047 |
section 1308.01 of the Revised Code. | 1048 |
(5) "Check" has the same meaning as in section 1303.03 of the | 1049 |
Revised Code. | 1050 |
(6) "Clearing corporation" has the same meaning as in section | 1051 |
1308.01 of the Revised Code. | 1052 |
(7) "Contract for sale" has the same meaning as in section | 1053 |
1302.01 of the Revised Code. | 1054 |
(8) "Control" with respect to a document of title, has the | 1055 |
same meaning as in section 1307.106 of the Revised Code. | 1056 |
(9) "Customer" has the same meaning as in section 1304.01 of | 1057 |
the Revised Code. | 1058 |
(10) "Entitlement holder" has the same meaning as in section | 1059 |
1308.01 of the Revised Code. | 1060 |
(11) "Financial asset" has the same meaning as in section | 1061 |
1308.01 of the Revised Code. | 1062 |
(12) "Holder in due course" has the same meaning as in | 1063 |
section 1303.32 of the Revised Code. | 1064 |
(13) "Issuer," with respect to a letter of credit or | 1065 |
letter-of-credit right, has the same meaning as in section 1305.01 | 1066 |
of the Revised Code. | 1067 |
(14) "Issuer," with respect to a security, has the same | 1068 |
meaning as in section 1308.08 of the Revised Code. | 1069 |
(15) "Issuer," with respect to a document of title, has the | 1070 |
same meaning as in section 1307.102 of the Revised Code. | 1071 |
(16) "Lease," "lease agreement," "lease contract," "leasehold | 1072 |
interest," "lessee," "lessee in ordinary course of business," | 1073 |
"lessor," and "lessor's residual interest" have the same meanings | 1074 |
as in section 1310.01 of the Revised Code. | 1075 |
(17) "Letter of credit" has the same meaning as in section | 1076 |
1305.01 of the Revised Code. | 1077 |
(18) "Merchant" has the same meaning as in section 1302.01 of | 1078 |
the Revised Code. | 1079 |
(19) "Negotiable instrument" has the same meaning as in | 1080 |
section 1303.03 of the Revised Code. | 1081 |
(20) "Nominated person" has the same meaning as in section | 1082 |
1305.01 of the Revised Code. | 1083 |
(21) "Note" has the same meaning as in section 1303.03 of the | 1084 |
Revised Code. | 1085 |
(22) "Proceeds of a letter of credit" has the same meaning as | 1086 |
in section 1305.13 of the Revised Code. | 1087 |
(23) "Prove" has the same meaning as in section 1303.01 of | 1088 |
the Revised Code. | 1089 |
(24) "Sale" has the same meaning as in division (A)(11) of | 1090 |
section 1302.01 of the Revised Code. | 1091 |
(25) "Securities account" has the same meaning as in section | 1092 |
1308.51 of the Revised Code. | 1093 |
(26) "Securities intermediary," "security," "security | 1094 |
certificate," "security entitlement," and "uncertificated | 1095 |
security" have the same meanings as in section 1308.01 of the | 1096 |
Revised Code. | 1097 |
(C) In addition, Chapter 1301. of the Revised Code contains | 1098 |
general definitions and principles of construction and | 1099 |
interpretations applicable throughout this chapter. | 1100 |
Sec. 1311.55. (A) As used in this section: | 1101 |
(1) "Agricultural product" means all fruit and vegetable | 1102 |
crops, meat and meat products, milk and dairy products, poultry | 1103 |
and poultry products, wool, and all seeds harvested by a producer | 1104 |
for sale, except that it does not include any grain crop that is | 1105 |
subject to the fee that the director of agriculture may require to | 1106 |
be remitted under section 926.16 of the Revised Code. | 1107 |
"Agricultural product" also includes an algacultural product as | 1108 |
defined in section 901.511 of the Revised Code. | 1109 |
(2) "Agricultural product handling" means engaging in or | 1110 |
participating in the business of buying, selling, exchanging, or | 1111 |
negotiating or soliciting a purchase, sale, resale, exchange, or | 1112 |
transfer of an agricultural product. | 1113 |
(3) "Agricultural product handler" or "handler" means any | 1114 |
person who is engaged in the business of agricultural product | 1115 |
handling, except that a person who sells only those agricultural | 1116 |
products that the person has produced, or buys agricultural | 1117 |
products for the person's own use, is not an agricultural product | 1118 |
handler. | 1119 |
(4) "Agricultural producer" or "producer" means any person | 1120 |
who grows, raises, or produces an agricultural product on land | 1121 |
that the person owns or leases. | 1122 |
(5) "Proceeds" has the same meaning as in division (A)(64) of | 1123 |
section 1309.102 of the Revised Code. | 1124 |
(B) An agricultural producer who delivers an agricultural | 1125 |
product under an express or implied contract to an agricultural | 1126 |
product handler, or an agricultural product handler who delivers | 1127 |
an agricultural product under an express or implied contract to | 1128 |
another agricultural product handler, has a lien to secure the | 1129 |
payment for all of the agricultural product delivered under that | 1130 |
contract. The lien attaches to the product, whether in a raw or | 1131 |
processed condition, while in the possession of the agricultural | 1132 |
product handler, and to the proceeds of the sale of the | 1133 |
agricultural product. The lien attaches from the date of delivery | 1134 |
of the agricultural product to the handler, or if there is a | 1135 |
series of deliveries under the contract, from the date of the | 1136 |
first delivery. The lien is contingent until the producer or | 1137 |
handler complies with section 1311.56 of the Revised Code. | 1138 |
(C) The lien on an agricultural product covers the contract | 1139 |
price agreed upon, or when there is no agreed price at the time of | 1140 |
delivery, the value of the agricultural product as determined by | 1141 |
the "market news service" of the Ohio department of agriculture on | 1142 |
the date the agricultural producer or handler files the affidavit | 1143 |
permitted under section 1311.56 of the Revised Code. | 1144 |
(D) Any waiver by a producer or handler of the producer's or | 1145 |
handler's right to an agricultural product lien is void as being | 1146 |
contrary to public policy. | 1147 |
Sec. 1729.01. As used in this chapter: | 1148 |
(A) "Agricultural cooperative" means a cooperative to which | 1149 |
all of the following apply: | 1150 |
(1) The cooperative engages in any activity in connection | 1151 |
with the propagation, raising, producing, harvesting, storing, | 1152 |
drying, handling, processing, or marketing of agricultural | 1153 |
products; procuring equipment and supplies or providing services | 1154 |
for producers and others; bargaining; and any activity related to | 1155 |
the foregoing. | 1156 |
(2) Producers or agricultural cooperatives exercise more than | 1157 |
fifty per cent of the voting control of the cooperative. | 1158 |
(3) The cooperative does at least fifty per cent of its | 1159 |
business with producers or agricultural cooperatives. | 1160 |
(B) "Agricultural products" includes aquacultural, | 1161 |
horticultural, viticultural, forestry, dairy, livestock, poultry, | 1162 |
bee, and farm products, and the produce or byproducts of any of | 1163 |
such products. "Agricultural products" also includes algacultural | 1164 |
products as defined in section 901.511 of the Revised Code. | 1165 |
(C) "Association" means any corporation organized under this | 1166 |
chapter. | 1167 |
(D) "Bargaining" means the mutual obligation of a handler and | 1168 |
a marketing cooperative to meet at reasonable times and confer and | 1169 |
negotiate in good faith. Negotiations may include all terms | 1170 |
relative to trading between handlers and producers. The obligation | 1171 |
does not require either party to agree upon price, terms of sale, | 1172 |
or any other marketing agreement, or to make a concession. | 1173 |
(E) "Board" means the board of directors of an association. | 1174 |
(F) "Cooperative" means an association or a foreign | 1175 |
association. | 1176 |
(G) "Entity," except as otherwise provided, means a foreign | 1177 |
association, a foreign or domestic corporation other than a | 1178 |
cooperative, or a foreign or domestic limited liability company. | 1179 |
(H) "Foreign association" means a corporation organized under | 1180 |
the cooperative laws of another state or the District of Columbia | 1181 |
or a foreign corporation organized under corporation laws of | 1182 |
another state, the District of Columbia, or the United States that | 1183 |
operates on a cooperative basis. | 1184 |
(I) "Handler" means a person who acquires agricultural | 1185 |
products under a sales contract for the purpose of processing or | 1186 |
reselling agricultural products. | 1187 |
(J) "Marketing agreement" means an agreement, contract, or | 1188 |
other arrangement between a cooperative and a member in which the | 1189 |
member agrees to market all or a part of the products or produce | 1190 |
produced by the member, or agrees to purchase all or a part of the | 1191 |
member's requirements for inputs, services, or supplies. | 1192 |
(K) "Marketing cooperative" means any agricultural | 1193 |
cooperative meeting the requirements of the "Co-operative | 1194 |
Marketing Associations Act," 42 Stat. 388 (1922), 7 U.S.C.A. 291, | 1195 |
that negotiates sales contracts with handlers on behalf of its | 1196 |
members and is not in direct competition with any handler with | 1197 |
which it negotiates such contracts. | 1198 |
(L) "Member" means a person who has been qualified and | 1199 |
accepted into membership in a cooperative. | 1200 |
(M) "Membership stock" means any class of stock or other | 1201 |
equity interest in a cooperative, continuous ownership of which is | 1202 |
required for membership in the cooperative. | 1203 |
(N) "Patron" means a person with which a cooperative has made | 1204 |
an enforceable agreement to allocate and distribute a per unit | 1205 |
retain, patronage dividend, or patronage refund with respect to | 1206 |
business conducted by the cooperative with or for the person. | 1207 |
(O) "Patronage stock" means any stock or other equity | 1208 |
interest in a cooperative that was originally issued by the | 1209 |
cooperative with respect to patronage transactions. | 1210 |
(P) "Person" includes a natural person, partnership, | 1211 |
corporation, cooperative, or other entity. | 1212 |
(Q) "Processing" means changing the physical or chemical | 1213 |
characteristics of agricultural products. | 1214 |
(R) "Producer" means a person engaged in the production of | 1215 |
agricultural products for the market, including a lessor of real | 1216 |
or personal property used for production of agricultural products | 1217 |
for the market that receives as rent part of the agricultural | 1218 |
product. | 1219 |
(S) "Sales contract" means a marketing agreement or other | 1220 |
similar arrangement between a handler and a producer, negotiated | 1221 |
by the producer or by an agricultural cooperative acting as agent | 1222 |
for a producer, under which the producer agrees to grow or produce | 1223 |
agricultural products for sale to the handler. | 1224 |
Sec. 3781.06. (A)(1) Any building that may be used as a | 1225 |
place of resort, assembly, education, entertainment, lodging, | 1226 |
dwelling, trade, manufacture, repair, storage, traffic, or | 1227 |
occupancy by the public, any residential building, and all other | 1228 |
buildings or parts and appurtenances of those buildings erected | 1229 |
within this state, shall be so constructed, erected, equipped, and | 1230 |
maintained that they shall be safe and sanitary for their intended | 1231 |
use and occupancy. | 1232 |
(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the | 1233 |
Revised Code shall be construed to limit the power of the public | 1234 |
health council to adopt rules of uniform application governing | 1235 |
manufactured home parks pursuant to section 3733.02 of the Revised | 1236 |
Code. | 1237 |
(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised | 1238 |
Code do not apply to either of the following: | 1239 |
(1) Buildings or structures that are incident to the use for | 1240 |
agricultural purposes of the land on which the buildings or | 1241 |
structures are located, provided those buildings or structures are | 1242 |
not used in the business of retail trade. For purposes of this | 1243 |
division, a building or structure is not considered used in the | 1244 |
business of retail trade if fifty per cent or more of the gross | 1245 |
income received from sales of products in the building or | 1246 |
structure by the owner or operator is from sales of products | 1247 |
produced or raised in a normal crop year on farms owned or | 1248 |
operated by the seller. | 1249 |
(2) Existing single-family, two-family, and three-family | 1250 |
detached dwelling houses for which applications have been | 1251 |
submitted to the director of job and family services pursuant to | 1252 |
section 5104.03 of the Revised Code for the purposes of operating | 1253 |
type A family day-care homes as defined in section 5104.01 of the | 1254 |
Revised Code. | 1255 |
(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the | 1256 |
Revised Code: | 1257 |
(1) "Agricultural purposes" include agriculture, farming, | 1258 |
dairying, pasturage, apiculture, algaculture meaning the farming | 1259 |
of algae, horticulture, floriculture, viticulture, ornamental | 1260 |
horticulture, olericulture, pomiculture, and animal and poultry | 1261 |
husbandry. | 1262 |
(2) "Building" means any structure consisting of foundations, | 1263 |
walls, columns, girders, beams, floors, and roof, or a combination | 1264 |
of any number of these parts, with or without other parts or | 1265 |
appurtenances. | 1266 |
(3) "Industrialized unit" means a building unit or assembly | 1267 |
of closed construction fabricated in an off-site facility, that is | 1268 |
substantially self-sufficient as a unit or as part of a greater | 1269 |
structure, and that requires transportation to the site of | 1270 |
intended use. "Industrialized unit" includes units installed on | 1271 |
the site as independent units, as part of a group of units, or | 1272 |
incorporated with standard construction methods to form a | 1273 |
completed structural entity. "Industrialized unit" does not | 1274 |
include a manufactured home as defined by division (C)(4) of this | 1275 |
section or a mobile home as defined by division (O) of section | 1276 |
4501.01 of the Revised Code. | 1277 |
(4) "Manufactured home" means a building unit or assembly of | 1278 |
closed construction that is fabricated in an off-site facility and | 1279 |
constructed in conformance with the federal construction and | 1280 |
safety standards established by the secretary of housing and urban | 1281 |
development pursuant to the "Manufactured Housing Construction and | 1282 |
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401, | 1283 |
5403, and that has a permanent label or tag affixed to it, as | 1284 |
specified in 42 U.S.C.A. 5415, certifying compliance with all | 1285 |
applicable federal construction and safety standards. | 1286 |
(5) "Permanent foundation" means permanent masonry, concrete, | 1287 |
or a footing or foundation approved by the manufactured homes | 1288 |
commission pursuant to Chapter 4781. of the Revised Code, to which | 1289 |
a manufactured or mobile home may be affixed. | 1290 |
(6) "Permanently sited manufactured home" means a | 1291 |
manufactured home that meets all of the following criteria: | 1292 |
(a) The structure is affixed to a permanent foundation and is | 1293 |
connected to appropriate facilities; | 1294 |
(b) The structure, excluding any addition, has a width of at | 1295 |
least twenty-two feet at one point, a length of at least | 1296 |
twenty-two feet at one point, and a total living area, excluding | 1297 |
garages, porches, or attachments, of at least nine hundred square | 1298 |
feet; | 1299 |
(c) The structure has a minimum 3:12 residential roof pitch, | 1300 |
conventional residential siding, and a six-inch minimum eave | 1301 |
overhang, including appropriate guttering; | 1302 |
(d) The structure was manufactured after January 1, 1995; | 1303 |
(e) The structure is not located in a manufactured home park | 1304 |
as defined by section 3733.01 of the Revised Code. | 1305 |
(7) "Safe," with respect to a building, means it is free from | 1306 |
danger or hazard to the life, safety, health, or welfare of | 1307 |
persons occupying or frequenting it, or of the public and from | 1308 |
danger of settlement, movement, disintegration, or collapse, | 1309 |
whether such danger arises from the methods or materials of its | 1310 |
construction or from equipment installed therein, for the purpose | 1311 |
of lighting, heating, the transmission or utilization of electric | 1312 |
current, or from its location or otherwise. | 1313 |
(8) "Sanitary," with respect to a building, means it is free | 1314 |
from danger or hazard to the health of persons occupying or | 1315 |
frequenting it or to that of the public, if such danger arises | 1316 |
from the method or materials of its construction or from any | 1317 |
equipment installed therein, for the purpose of lighting, heating, | 1318 |
ventilating, or plumbing. | 1319 |
(9) "Residential building" means a one-family, two-family, or | 1320 |
three-family dwelling house, and any accessory structure | 1321 |
incidental to that dwelling house. "Residential building" includes | 1322 |
a one-family, two-family, or three-family dwelling house that is | 1323 |
used as a model to promote the sale of a similar dwelling house. | 1324 |
"Residential building" does not include an industrialized unit as | 1325 |
defined by division (C)(3) of this section, a manufactured home as | 1326 |
defined by division (C)(4) of this section, or a mobile home as | 1327 |
defined by division (O) of section 4501.01 of the Revised Code. | 1328 |
(10) "Nonresidential building" means any building that is not | 1329 |
a residential building or a manufactured or mobile home. | 1330 |
(11) "Accessory structure" means a structure that is attached | 1331 |
to a residential building and serves the principal use of the | 1332 |
residential building. "Accessory structure" includes, but is not | 1333 |
limited to, a garage, porch, or screened-in patio. | 1334 |
Sec. 5501.50. (A) As used in this section, "agricultural | 1335 |
purposes" means commercial animal or poultry husbandry, or the | 1336 |
production for a commercial purpose of field crops, tobacco, | 1337 |
fruits, or vegetables. "Agricultural purposes" also includes | 1338 |
algaculture meaning the farming of algae. | 1339 |
(B) Whenever the director of transportation acquires real | 1340 |
property as provided in section 5501.32 of the Revised Code or | 1341 |
otherwise acquires real property in fee simple in the name of the | 1342 |
state for highway purposes and subsequently finds the property is | 1343 |
not needed for such purposes, or will not be needed for such | 1344 |
purposes for a period of two years or more following the date of | 1345 |
acquisition of the property, and the property is adjacent to or in | 1346 |
the near vicinity of property used for agricultural purposes, the | 1347 |
director may, at the director's discretion, offer to lease the | 1348 |
property for agricultural purposes for one year at a price | 1349 |
consistent with rentals of adjacent agricultural lands in the | 1350 |
manner provided in divisions (C), (D), (E), (F), (G), (H), and (I) | 1351 |
of this section before conveying or transferring the fee simple | 1352 |
estate or any lesser estate or interest in the property, or | 1353 |
permitting its use by another. | 1354 |
(C) Real property shall be offered for lease by mailing a | 1355 |
notice, in writing, to each person who owns or leases property | 1356 |
being used for agricultural purposes that adjoins or is in the | 1357 |
near vicinity of the property. The notice shall include a general | 1358 |
description of the property offered for lease, the cost of the | 1359 |
lease, the manner in which the lease will be made, the | 1360 |
requirements of this section, a statement that the person shall | 1361 |
notify the director in writing within no more than four weeks | 1362 |
following mailing of the notice if the person is interested in | 1363 |
leasing the property, and such other information as the director | 1364 |
considers necessary. | 1365 |
(D) If the director receives information in writing from two | 1366 |
or more persons who are interested in leasing the real property, | 1367 |
one of whom is the owner of real property that adjoins the | 1368 |
property offered for lease, the director may lease the property to | 1369 |
that person. If the director receives such information from two or | 1370 |
more persons, two or more of whom are owners of real property that | 1371 |
adjoins the property offered for lease, the director shall lease | 1372 |
the property to the person whose information is contained in the | 1373 |
envelope bearing the earliest postmark. | 1374 |
(E) Any lease made under this section shall be conditioned | 1375 |
upon the lessee's written agreement to maintain weed control on | 1376 |
the property. If the director has reasonable cause to believe that | 1377 |
such an agreement is violated, the director, or any of the | 1378 |
director's authorized agents, may, at the director's or authorized | 1379 |
agent's discretion, do either of the following: | 1380 |
(1) Provide necessary weed control. The expense of providing | 1381 |
weed control shall be paid by the director out of any | 1382 |
appropriation to the department of transportation available for | 1383 |
the establishment, use, maintenance, or repair of highways and the | 1384 |
amount thereof shall be reimbursed by the lessee to the department | 1385 |
and if not reimbursed the amount thereof shall be certified to the | 1386 |
attorney general for collection by civil action against the lessee | 1387 |
of the property. | 1388 |
(2) File a complaint by petition in the court of common pleas | 1389 |
of the county in which the property is located. Upon a finding by | 1390 |
the court that a violation of the agreement exists as alleged in | 1391 |
the petition, the court shall enter an order of abatement against | 1392 |
the lessee of the property. | 1393 |
(F) If real property offered for lease as provided in this | 1394 |
section is located near a highway where the use of the property | 1395 |
for crops such as corn and wheat will obstruct the view of any | 1396 |
part of the highway from a person operating a vehicle on the | 1397 |
highway or on an intersecting highway or private road, or near an | 1398 |
airport where such use of the property may interfere with airport | 1399 |
safety, any lease made shall be conditioned upon the lessee's | 1400 |
written agreement to use the property for only crops that will not | 1401 |
create such an obstruction of the view of the highway or | 1402 |
interference with airport safety. If the director has reasonable | 1403 |
cause to believe that such an agreement is violated, the director, | 1404 |
or any of the director's authorized agents, may, at the director's | 1405 |
or authorized agent's discretion, do either of the following: | 1406 |
(1) Remove the crop or such part thereof as may be necessary | 1407 |
to ensure that the view of the highway will not be obstructed, or | 1408 |
that airport safety will not be reduced. The expense of the | 1409 |
removal shall be paid by the director out of any appropriation to | 1410 |
the department of transportation available for the establishment, | 1411 |
use, maintenance, or repair of highways and the amount thereof | 1412 |
shall be reimbursed by the lessee to the department and if not | 1413 |
reimbursed the amount thereof shall be certified to the attorney | 1414 |
general for collection by civil action against the lessee of the | 1415 |
property. | 1416 |
(2) File a complaint by petition in the court of common pleas | 1417 |
of the county in which the property is located. Upon a finding by | 1418 |
the court that a violation of the agreement exists as alleged in | 1419 |
the petition, the court shall enter an order of abatement against | 1420 |
the lessee of the property. | 1421 |
(G) The director may offer to renew annually any lease of | 1422 |
real property made under this section to the current lessee or may | 1423 |
offer the opportunity to lease to others in the manner and subject | 1424 |
to the requirements and limitations as provided for in this | 1425 |
section. | 1426 |
(H) The requirements of sections 5501.32, 5501.34, and | 1427 |
5501.45 of the Revised Code relating to the appraisal, | 1428 |
advertisement, manner of sale, and minimum sale price of property | 1429 |
not needed for highway purposes and the requirements of sections | 1430 |
5501.34 and 5501.45 of the Revised Code relating to the use of | 1431 |
property not needed for highway purposes for recreation purposes, | 1432 |
do not apply to a lease or renewal of a lease of real property | 1433 |
made in accordance with this section. | 1434 |
(I) Except as provided in divisions (E)(1) and (F)(1) of this | 1435 |
section, all expense incurred in the lease of real property under | 1436 |
this section shall be paid out of the proceeds of the lease and | 1437 |
the balance shall be deposited in the highway fund from which the | 1438 |
purchase of the real property giving rise to the proceeds was | 1439 |
made. | 1440 |
(J) Nothing in this section shall be construed to permit the | 1441 |
director to acquire real property by appropriation for the purpose | 1442 |
of leasing it for agricultural purposes. | 1443 |
Sec. 5713.30. As used in sections 5713.31 to 5713.37 and | 1444 |
5715.01 of the Revised Code: | 1445 |
(A) "Land devoted exclusively to agricultural use" means: | 1446 |
(1) Tracts, lots, or parcels of land totaling not less than | 1447 |
ten acres | 1448 |
the year in which application is filed under section 5713.31 of | 1449 |
the Revised Code, and through the last day of May of such year, | 1450 |
one or more of the following apply: | 1451 |
(a) The tracts, lots, or parcels of land were devoted | 1452 |
exclusively to commercial animal or poultry husbandry, | 1453 |
aquaculture, algaculture meaning the farming of algae, apiculture, | 1454 |
the production for a commercial purpose of timber, field crops, | 1455 |
tobacco, fruits, vegetables, nursery stock, ornamental trees, sod, | 1456 |
or flowers, or the growth of timber for a noncommercial purpose, | 1457 |
if the land on which the timber is grown is contiguous to or part | 1458 |
of a parcel of land under common ownership that is otherwise | 1459 |
devoted exclusively to agricultural use | 1460 |
(b) The tracts, lots, or parcels of land were devoted | 1461 |
exclusively to biodiesel production, biomass energy production, | 1462 |
electric or heat energy production, or biologically derived | 1463 |
methane gas production if the land on which the production | 1464 |
facility is located is contiguous to or part of a parcel of land | 1465 |
under common ownership that is otherwise devoted exclusively to | 1466 |
agricultural use, provided that at least fifty per cent of the | 1467 |
feedstock used in the production was derived from parcels of land | 1468 |
under common ownership or leasehold. | 1469 |
(c) The tracts, lots, or parcels of land were devoted to and | 1470 |
qualified for payments or other compensation under a land | 1471 |
retirement or conservation program under an agreement with an | 1472 |
agency of the federal government | 1473 |
(2) Tracts, lots, or parcels of land totaling less than ten | 1474 |
acres that, during the three calendar years prior to the year in | 1475 |
which application is filed under section 5713.31 of the Revised | 1476 |
Code and through the last day of May of such year, were devoted | 1477 |
exclusively to commercial animal or poultry husbandry, | 1478 |
aquaculture, algaculture meaning the farming of algae, apiculture, | 1479 |
the production for a commercial purpose of field crops, tobacco, | 1480 |
fruits, vegetables, timber, nursery stock, ornamental trees, sod, | 1481 |
or flowers where such activities produced an average yearly gross | 1482 |
income of at least twenty-five hundred dollars during such | 1483 |
three-year period or where there is evidence of an anticipated | 1484 |
gross income of such amount from such activities during the tax | 1485 |
year in which application is made, or were devoted to and | 1486 |
qualified for payments or other compensation under a land | 1487 |
retirement or conservation program under an agreement with an | 1488 |
agency of the federal government; | 1489 |
(3) A tract, lot, or parcel of land taxed under sections | 1490 |
5713.22 to 5713.26 of the Revised Code is not land devoted | 1491 |
exclusively to agricultural use; | 1492 |
(4) Tracts, lots, or parcels of land, or portions thereof | 1493 |
that, during the previous three consecutive calendar years have | 1494 |
been designated as land devoted exclusively to agricultural use, | 1495 |
but such land has been lying idle or fallow for up to one year and | 1496 |
no action has occurred to such land that is either inconsistent | 1497 |
with the return of it to agricultural production or converts the | 1498 |
land devoted exclusively to agricultural use as defined in this | 1499 |
section. Such land shall remain designated as land devoted | 1500 |
exclusively to agricultural use provided that beyond one year, but | 1501 |
less than three years, the landowner proves good cause as | 1502 |
determined by the board of revision. | 1503 |
"Land devoted exclusively to agricultural use" includes | 1504 |
tracts, lots, or parcels of land or portions thereof that are used | 1505 |
for conservation practices, provided that the tracts, lots, or | 1506 |
parcels of land or portions thereof comprise twenty-five per cent | 1507 |
or less of the total of the tracts, lots, or parcels of land that | 1508 |
satisfy the criteria established in division (A)(1), (2), or (4) | 1509 |
of this section together with the tracts, lots, or parcels of land | 1510 |
or portions thereof that are used for conservation practices. | 1511 |
(B) "Conversion of land devoted exclusively to agricultural | 1512 |
use" means any of the following: | 1513 |
(1) The failure of the owner of land devoted exclusively to | 1514 |
agricultural use during the next preceding calendar year to file a | 1515 |
renewal application under section 5713.31 of the Revised Code | 1516 |
without good cause as determined by the board of revision; | 1517 |
(2) The failure of the new owner of such land to file an | 1518 |
initial application under that section without good cause as | 1519 |
determined by the board of revision; | 1520 |
(3) The failure of such land or portion thereof to qualify as | 1521 |
land devoted exclusively to agricultural use for the current | 1522 |
calendar year as requested by an application filed under such | 1523 |
section; | 1524 |
(4) The failure of the owner of the land described in | 1525 |
division (A)(4) of this section to act on such land in a manner | 1526 |
that is consistent with the return of the land to agricultural | 1527 |
production after three years. | 1528 |
The construction or installation of an energy facility, as | 1529 |
defined in section 5727.01 of the Revised Code, on a portion of a | 1530 |
tract, lot, or parcel of land devoted exclusively to agricultural | 1531 |
use shall not cause the remaining portion of the tract, lot, or | 1532 |
parcel to be regarded as a conversion of land devoted exclusively | 1533 |
to agricultural use if the remaining portion of the tract, lot, or | 1534 |
parcel continues to be devoted exclusively to agricultural use. | 1535 |
(C) "Tax savings" means the difference between the dollar | 1536 |
amount of real property taxes levied in any year on land valued | 1537 |
and assessed in accordance with its current agricultural use value | 1538 |
and the dollar amount of real property taxes that would have been | 1539 |
levied upon such land if it had been valued and assessed for such | 1540 |
year in accordance with Section 2 of Article XII, Ohio | 1541 |
Constitution. | 1542 |
(D) "Owner" includes, but is not limited to, any person | 1543 |
owning a fee simple, fee tail, or life estate or a buyer on a land | 1544 |
installment contract. | 1545 |
(E) "Conservation practices" are practices used to abate soil | 1546 |
erosion as required in the management of the farming operation, | 1547 |
and include, but are not limited to, the installation, | 1548 |
construction, development, planting, or use of grass waterways, | 1549 |
terraces, diversions, filter strips, field borders, windbreaks, | 1550 |
riparian buffers, wetlands, ponds, and cover crops for that | 1551 |
purpose. | 1552 |
(F) "Wetlands" has the same meaning as in section 6111.02 of | 1553 |
the Revised Code. | 1554 |
(G) "Biodiesel" means a mono-alkyl ester combustible liquid | 1555 |
fuel that is derived from vegetable oils or animal fats or any | 1556 |
combination of those reagents and that meets the American society | 1557 |
for testing and materials specification D6751-03a for biodiesel | 1558 |
fuel (B100) blend stock distillate fuels. | 1559 |
(H) "Biologically derived methane gas" means gas from the | 1560 |
anaerobic digestion of organic materials, including animal waste | 1561 |
and agricultural crops and residues. | 1562 |
(I) "Biomass energy" means energy that is produced from | 1563 |
organic material derived from plants or animals and available on a | 1564 |
renewable basis, including, but not limited to, agricultural | 1565 |
crops, tree crops, crop by-products, and residues. | 1566 |
(J) "Electric or heat energy" means electric or heat energy | 1567 |
generated from manure, cornstalks, soybean waste, or other | 1568 |
agricultural feedstocks. | 1569 |
Section 2. That existing sections 1.61, 303.01, 303.21, | 1570 |
519.01, 519.21, 901.511, 903.10, 929.01, 1309.102, 1311.55, | 1571 |
1729.01, 3781.06, 5501.50, and 5713.30 of the Revised Code are | 1572 |
hereby repealed. | 1573 |