As Reported by the House Agriculture and Natural Resources Committee

129th General Assembly Regular Session 2011-2012

Sub. H. B. No. 276

Representatives Buchy, Gentile 

Cosponsors: Representatives Hall, Derickson, Peterson, Balderson, Boose, Ruhl, Murray, O'Brien, Huffman, Grossman, Amstutz, Hackett, Maag, Gonzales, Adams, R., Johnson, Yuko, Fende 

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A BILL

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

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

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 a:	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 sectionsections 519.02 to 519.25 of	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 a:	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

(3)(4) "Material support or resources" means currency,	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

(4)(5) "Payment instrument" means a check, draft, money	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

(5)(6) "Specified offense" means either of the following:

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; and

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 thatto which, during the three calendar years prior to	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, or.	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