As Reported by the Senate Agriculture, Environment 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, Anielski, Antonio, Baker, Barnes, Blair, Bubp, Butler, Carey, Carney, Celeste, Combs, Damschroder, DeGeeter, Dovilla, Driehaus, Duffey, Fedor, Foley, Garland, Goodwin, Goyal, Hagan, C., Hayes, Heard, Henne, Hill, Hottinger, Kozlowski, Landis, Letson, Luckie, Lundy, Mallory, McClain, Milkovich, Newbold, Patmon, Pelanda, Phillips, Ramos, Roegner, Schuring, Sears, Slaby, Slesnick, Sprague, Stebelton, Szollosi, Thompson, Wachtmann, Winburn, Young Speaker Batchelder 

Senators Hite, Cafaro, Faber 

---

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; to provide for the establishment of

14

best management practices for that production

15

under the Concentrated Animal Feeding Facilities

16

Law; to establish the Legislative Task Force to

17

Study Anaerobic Digesters for Agricultural Use and

18

Application in the State; and to declare an

19

emergency.

20

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

Section 1. That sections 1.61, 303.01, 303.21, 519.01,	21
519.21, 901.511, 903.10, 929.01, 1309.102, 1311.55, 1729.01,	22
3781.06, 5501.50, and 5713.30 of the Revised Code be amended to	23
read as follows:	24

Sec. 1.61.  As used in any statute except section 303.01 or	25
519.01 of the Revised Code, "agriculture" includes farming;	26
ranching; aquaculture; algaculture meaning the farming of algae;	27
apiculture and related apicultural activities, production of	28
honey, beeswax, honeycomb, and other related products;	29
horticulture; viticulture, winemaking, and related activities;	30
animal husbandry, including, but not limited to, the care and	31
raising of livestock, equine, and fur-bearing animals; poultry	32
husbandry and the production of poultry and poultry products;	33
dairy production; the production of field crops, tobacco, fruits,	34
vegetables, nursery stock, ornamental shrubs, ornamental trees,	35
flowers, sod, or mushrooms; timber; pasturage; any combination of	36
the foregoing; the processing, drying, storage, and marketing of	37
agricultural products when those activities are conducted in	38
conjunction with, but are secondary to, such husbandry or	39
production; and any additions or modifications to the foregoing	40
made by the director of agriculture by rule adopted in accordance	41
with Chapter 119. of the Revised Code.	42

Sec. 303.01.  As used in sections 303.02 to 303.25 of the	43
Revised Code, "agriculture" includes farming; ranching;	44
algaculture meaning the farming of algae; aquaculture; apiculture;	45
horticulture; viticulture; animal husbandry, including, but not	46
limited to, the care and raising of livestock, equine, and	47
fur-bearing animals; poultry husbandry and the production of	48
poultry and poultry products; dairy production; the production of	49
field crops, tobacco, fruits, vegetables, nursery stock,	50
ornamental shrubs, ornamental trees, flowers, sod, or mushrooms;	51
timber; pasturage; any combination of the foregoing; and the	52
processing, drying, storage, and marketing of agricultural	53
products when those activities are conducted in conjunction with,	54
but are secondary to, such husbandry or production.	55

Sec. 303.21.  (A) Except as otherwise provided in division	56
(B) of this section, sections 303.01 to 303.25 of the Revised Code	57
do not confer any power on any county rural zoning commission,	58
board of county commissioners, or board of zoning appeals to	59
prohibit the use of any land for agricultural purposes or the	60
construction or use of buildings or structures incident to the use	61
for agricultural purposes of the land on which such buildings or	62
structures are located, and no zoning certificate shall be	63
required for any such building or structure.	64

(B) A county zoning resolution, or an amendment to such	65
resolution, may in any platted subdivision approved under section	66
711.05, 711.09, or 711.10 of the Revised Code, or in any area	67
consisting of fifteen or more lots approved under section 711.131	68
of the Revised Code that are contiguous to one another, or some of	69
which are contiguous to one another and adjacent to one side of a	70
dedicated public road, and the balance of which are contiguous to	71
one another and adjacent to the opposite side of the same	72
dedicated public road regulate:	73

(1) Agriculture on lots of one acre or less;

74

(2) Buildings or structures incident to the use of land for	75
agricultural purposes on lots greater than one acre but not	76
greater than five acres by: set back building lines; height; and	77
size;	78

(3) Dairying and animal and poultry husbandry on lots greater	79
than one acre but not greater than five acres when at least	80
thirty-five per cent of the lots in the subdivision are developed	81
with at least one building, structure, or improvement that is	82
subject to real property taxation or that is subject to the tax on	83
manufactured and mobile homes under section 4503.06 of the Revised	84
Code. After thirty-five per cent of the lots are so developed,	85
dairying and animal and poultry husbandry shall be considered	86
nonconforming use of land and buildings or structures pursuant to	87
section 303.19 of the Revised Code.	88

Division (B) of this section confers no power on any county	89
rural zoning commission, board of county commissioners, or board	90
of zoning appeals to regulate agriculture, buildings or	91
structures, and dairying and animal and poultry husbandry on lots	92
greater than five acres.	93

(C) Such sections confer no power on any board of county	94
commissioners, county rural zoning commission, or board of zoning	95
appeals to prohibit in a district zoned for agricultural,	96
industrial, residential, or commercial uses, the use of any land	97
for a:	98

(1) A farm market where fifty per cent or more of the gross	99
income received from the market is derived from produce raised on	100
farms owned or operated by the market operator in a normal crop	101
year. However, a board of county commissioners, as provided in	102
section 303.02 of the Revised Code, may regulate such factors	103
pertaining to farm markets as size of the structure, size of	104
parking areas that may be required, set back building lines, and	105
egress or ingress, where such regulation is necessary to protect	106
the public health and safety.	107

(2) Biodiesel production, biomass energy production, or	108
electric or heat energy production if the land on which the	109
production facility is located qualifies as land devoted	110
exclusively to agricultural use under sections 5713.30 to 5713.37	111
of the Revised Code for real property tax purposes. As used in	112
division (C)(2) of this section, "biodiesel," "biomass energy,"	113
and "electric or heat energy" have the same meanings as in section	114
5713.30 of the Revised Code.	115

(3) Biologically derived methane gas production if the land	116
on which the production facility is located qualifies as land	117
devoted exclusively to agricultural use under sections 5713.30 to	118
5713.37 of the Revised Code for real property tax purposes and if	119
the facility that produces the biologically derived methane gas	120
does not produce more than seventeen million sixty thousand seven	121
hundred ten British thermal units, five megawatts, or both.	122

As used in division (C)(3) of this section, "biologically	123
derived methane gas" has the same meaning as in section 5713.30 of	124
the Revised Code.	125

Sec. 519.01.  As used in sectionsections 519.02 to 519.25 of	126
the Revised Code, "agriculture" includes farming; ranching;	127
algaculture meaning the farming of algae; aquaculture; apiculture;	128
horticulture; viticulture; animal husbandry, including, but not	129
limited to, the care and raising of livestock, equine, and	130
fur-bearing animals; poultry husbandry and the production of	131
poultry and poultry products; dairy production; the production of	132
field crops, tobacco, fruits, vegetables, nursery stock,	133
ornamental shrubs, ornamental trees, flowers, sod, or mushrooms;	134
timber; pasturage; any combination of the foregoing; and the	135
processing, drying, storage, and marketing of agricultural	136
products when those activities are conducted in conjunction with,	137
but are secondary to, such husbandry or production.	138

Sec. 519.21.  (A) Except as otherwise provided in division	139
(B) of this section, sections 519.02 to 519.25 of the Revised Code	140
confer no power on any township zoning commission, board of	141
township trustees, or board of zoning appeals to prohibit the use	142
of any land for agricultural purposes or the construction or use	143
of buildings or structures incident to the use for agricultural	144
purposes of the land on which such buildings or structures are	145
located, including buildings or structures that are used primarily	146
for vinting and selling wine and that are located on land any part	147
of which is used for viticulture, and no zoning certificate shall	148
be required for any such building or structure.	149

(B) A township zoning resolution, or an amendment to such	150
resolution, may in any platted subdivision approved under section	151
711.05, 711.09, or 711.10 of the Revised Code, or in any area	152
consisting of fifteen or more lots approved under section 711.131	153
of the Revised Code that are contiguous to one another, or some of	154
which are contiguous to one another and adjacent to one side of a	155
dedicated public road, and the balance of which are contiguous to	156
one another and adjacent to the opposite side of the same	157
dedicated public road regulate:	158

(1) Agriculture on lots of one acre or less;

159

(2) Buildings or structures incident to the use of land for	160
agricultural purposes on lots greater than one acre but not	161
greater than five acres by: set back building lines; height; and	162
size;	163

(3) Dairying and animal and poultry husbandry on lots greater	164
than one acre but not greater than five acres when at least	165
thirty-five per cent of the lots in the subdivision are developed	166
with at least one building, structure, or improvement that is	167
subject to real property taxation or that is subject to the tax on	168
manufactured and mobile homes under section 4503.06 of the Revised	169
Code. After thirty-five per cent of the lots are so developed,	170
dairying and animal and poultry husbandry shall be considered	171
nonconforming use of land and buildings or structures pursuant to	172
section 519.19 of the Revised Code.	173

Division (B) of this section confers no power on any township	174
zoning commission, board of township trustees, or board of zoning	175
appeals to regulate agriculture, buildings or structures, and	176
dairying and animal and poultry husbandry on lots greater than	177
five acres.	178

(C) Such sections confer no power on any township zoning	179
commission, board of township trustees, or board of zoning appeals	180
to prohibit in a district zoned for agricultural, industrial,	181
residential, or commercial uses, the use of any land for a:	182

(1) A farm market where fifty per cent or more of the gross	183
income received from the market is derived from produce raised on	184
farms owned or operated by the market operator in a normal crop	185
year. However, a board of township trustees, as provided in	186
section 519.02 of the Revised Code, may regulate such factors	187
pertaining to farm markets as size of the structure, size of	188
parking areas that may be required, set back building lines, and	189
egress or ingress, where such regulation is necessary to protect	190
the public health and safety.	191

(2) Biodiesel production, biomass energy production, or	192
electric or heat energy production if the land on which the	193
production facility is located qualifies as land devoted	194
exclusively to agricultural use under sections 5713.30 to 5713.37	195
of the Revised Code for real property tax purposes. As used in	196
division (C)(2) of this section, "biodiesel," "biomass energy,"	197
and "electric or heat energy" have the same meanings as in section	198
5713.30 of the Revised Code.	199

(3) Biologically derived methane gas production if the land	200
on which the production facility is located qualifies as land	201
devoted exclusively to agricultural use under sections 5713.30 to	202
5713.37 of the Revised Code for real property tax purposes and if	203
the facility that produces the biologically derived methane gas	204
does not produce more than seventeen million sixty thousand seven	205
hundred ten British thermal units, five megawatts, or both.	206

As used in division (C)(3) of this section, "biologically	207
derived methane gas" has the same meaning as in section 5713.30 of	208
the Revised Code.	209

Sec. 901.511.  (A) As used in this section:

210

(1) "Agricultural product" means any of the following items	211
that is produced for testing or research in the context of a	212
product development program in conjunction or coordination with a	213
private research facility, a university, or any federal, state, or	214
local governmental agency or that is produced for personal,	215
commercial, pharmaceutical, or educational purposes: field crop or	216
field crop product; timber or timber product; forestry product;	217
livestock or livestock product; meat or meat product; milk or	218
dairy product; poultry or poultry product; equine animal; wool;	219
fruit or vegetable crop; aquacultural product; algacultural	220
product; horticultural crop, including plant materials grown in a	221
greenhouse, nursery stock grown inside or outside of a container,	222
ornamental grass, turf grass, ornamental trees, ornamental shrubs,	223
or flowers; sod; mushrooms; viticultural product; apicultural	224
product; tobacco; pasture; wild animal or domestic deer, as "wild	225
animal" and "domestic deer" are defined in section 1531.01 of the	226
Revised Code; or any combination of those items.	227

(2) "Algacultural product" means algal paste, algal powder,	228
or dried algae that is comprised primarily of algal biomass.	229

(3) "Equipment" means any implement, machinery, real or	230
personal property, building, or structure that is used in the	231
production, growing, harvesting, or housing of any agricultural	232
product. "Equipment" also includes any laboratory, research,	233
product, samples, supplies, or fixed equipment that is used to	234
test, develop, or analyze the process of producing, growing, or	235
maintaining any agricultural product.	236

(3)(4) "Material support or resources" means currency,	237
payment instruments, other financial securities, financial	238
services, lodging, training, safehouses, false documentation or	239
identification, communications equipment, facilities, weapons,	240
lethal substances, explosives, personnel, transportation, and	241
other physical assets, except medicine or religious materials.	242

(4)(5) "Payment instrument" means a check, draft, money	243
order, traveler's check, cashier's check, teller's check, or other	244
instrument or order for the transmission or payment of money	245
regardless of whether the item in question is negotiable.	246

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

247

(a) A violation of section 2909.02, 2909.03, 2909.05,	248
2909.06, 2909.07, 2911.13, 2911.21, 2913.02, 2913.04, or 2913.42	249
of the Revised Code;	250

(b) An attempt to commit, complicity in committing, or a	251
conspiracy to commit an offense listed in division (A)(5)(a) of	252
this section.	253

(B) No person shall commit a specified offense involving any	254
agricultural product or equipment with the intent to do any of the	255
following:	256

(1) Intimidate or coerce a civilian population;

257

(2) Influence the policy of any government by intimidation or	258
coercion;	259

(3) Affect the conduct of any government;

260

(4) Interrupt or interfere with agricultural production,	261
agricultural research, or equipment for purposes of disrupting or	262
influencing, through intimidation or other means, consumer	263
confidence or agricultural production methods.	264

Division (B) of this section does not apply to the practice	265
of veterinary medicine by a person who has been issued a valid	266
license, temporary permit, or registration certificate to practice	267
veterinary medicine under Chapter 4741. of the Revised Code. As	268
used in this division, "practice of veterinary medicine" has the	269
same meaning as in section 4741.01 of the Revised Code.	270

(C) No person shall raise, solicit, collect, donate, or	271
provide any material support or resources with the purpose that	272
the material support or resources will be used in whole or in part	273
to plan, prepare, carry out, or aid in either a violation of	274
division (B) of this section or in the concealment of, or an	275
escape from, a violation of that division.	276

(D)(1) In addition to the penalties established in section	277
901.99 of the Revised Code for a violation of this section, the	278
court may require any person who violates this section to pay the	279
victim of the offense an amount up to triple the value of the	280
agricultural product or equipment that was the subject of the	281
violation.	282

(2) In ordering restitution under division (D)(1) of this	283
section, the court shall consider as part of the value of the	284
agricultural product or equipment the market value of the	285
agricultural product or equipment prior to the violation and the	286
production, research, testing, replacement, and development costs	287
directly related to the agricultural product or equipment that was	288
the subject of the violation.	289

(E) The enactment of this section is not intended to require	290
the prosecution exclusively under this section of an act, series	291
of acts, or course of behavior that could be prosecuted either	292
under this section or under another section of the Revised Code.	293
One or more acts, series of acts, or courses of behavior that may	294
be prosecuted either under this section or under another section	295
of the Revised Code may be prosecuted under this section, the	296
other section, or both sections.	297

Sec. 903.10.  The director of agriculture may adopt rules in	298
accordance with Chapter 119. of the Revised Code that do all of	299
the following:	300

(A) Establish all of the following concerning permits to	301
install and permits to operate:	302

(1) A description of what constitutes a modification of a	303
concentrated animal feeding facility;	304

(2) A description of what constitutes a major operational	305
change at a concentrated animal feeding facility;	306

(3) The amount of the fee that must be submitted with each	307
permit application and each application for a permit modification;	308

(4) Information that must be included in the designs and	309
plans required to be submitted with an application for a permit to	310
install and criteria for approving, disapproving, or requiring	311
modification of the designs and plans;	312

(5) Information that must be included in a manure management	313
plan required to be submitted with an application for a permit to	314
operate;	315

(6) Information that must be included in an application for	316
the modification of an installation permit, a permit to install,	317
or a permit to operate;	318

(7) Information that must be included in an application for	319
approval of a major operational change at a concentrated animal	320
feeding facility;	321

(8) Any additional information that must be included with a	322
permit application;	323

(9) Procedures for the issuance, denial, modification,	324
transfer, suspension, and revocation of permits to install and	325
permits to operate, including general permits;	326

(10) Procedures for the approval or denial of an application	327
for approval of a major operational change at a concentrated	328
animal feeding facility;	329

(11) Grounds for the denial, modification, suspension, or	330
revocation of permits to install and permits to operate in	331
addition to the grounds established in division (D) of section	332
903.02 and division (D) of section 903.03 of the Revised Code;	333

(12) Grounds for the denial of an application for approval of	334
a major operational change at a concentrated animal feeding	335
facility;	336

(13) A requirement that a person that is required to obtain	337
both a permit to install and a permit to operate submit	338
applications for those permits simultaneously;	339

(14) A definition of "general permit to operate" that	340
establishes categories of concentrated animal feeding facilities	341
to be covered under such a permit and a definition of "individual	342
permit to operate" together with the criteria for issuing a	343
general permit to operate and the criteria for determining a	344
person's eligibility to operate under a general permit to operate.	345

(B) Establish all of the following for the purposes of review	346
compliance certificates issued under section 903.04 of the Revised	347
Code:	348

(1) The form of a certificate;

349

(2) Criteria for what constitutes a significant capital	350
expenditure under division (D) of that section;	351

(3) Deadlines and procedures for submitting information under	352
division (E)(2) of that section.	353

(C) Establish best management practices that minimize water	354
pollution, odors, insects, and rodents, that govern the land	355
application of manure that originated at a concentrated animal	356
feeding facility, and that govern all of the following activities	357
that occur at a concentrated animal feeding facility:	358

(1) Manure management, including the storage, handling,	359
transportation, and land application of manure. Rules adopted	360
under division (C)(1) of this section shall include practices that	361
prevent surface and ground water contamination caused by the	362
storage of manure or the land application of manure and prevent	363
the contamination of water in drainage tiles that may be caused by	364
that application.	365

(2) Disposal of dead livestock;

366

(3) Production of biodiesel, biomass energy, electric or heat	367
energy, and biologically derived methane gas as those terms are	368
defined in section 5713.30 of the Revised Code;	369

(4) Any other activity that the director considers	370
appropriate.	371

Best management practices established in rules adopted under	372
division (C) of this section shall not conflict with best	373
management practices established in rules that have been adopted	374
under any other section of the Revised Code. The rules adopted	375
under division (C) of this section shall establish guidelines that	376
require owners or operators of concentrated animal feeding	377
facilities to consult with and work with local officials,	378
including boards of county commissioners and boards of township	379
trustees, in addressing issues related to local government	380
infrastructure needs and the financing of that infrastructure.	381

(D) Establish all of the following concerning insect and	382
rodent control plans required under section 903.06 of the Revised	383
Code:	384

(1) The information to be included in an insect and rodent	385
control plan;	386

(2) Criteria for approving, disapproving, or requiring	387
modification of an insect and rodent control plan;	388

(3) Criteria for determining compliance with or violation of	389
an insect and rodent control plan;	390

(4) Procedures and standards for monitoring insect and rodent	391
control plans;	392

(5) Procedures and standards for enforcing insect and rodent	393
control plans at concentrated animal feeding facilities at which	394
insects or rodents constitute a nuisance or adversely affect	395
public health;	396

(6) The amount of civil penalties for violation of an insect	397
and rodent control plan assessed by the director of agriculture	398
under division (B) of section 903.16 of the Revised Code, provided	399
that the rules adopted under division (D)(6) of this section shall	400
not establish a civil penalty of more than ten thousand dollars	401
for a violation involving a concentrated animal feeding facility	402
that is not a major concentrated animal feeding facility and shall	403
not establish a civil penalty of more than twenty-five thousand	404
dollars for a violation involving a major concentrated animal	405
feeding facility;	406

(7) The time period within which the director must approve or	407
deny an insect and rodent control plan after receiving it;	408

(8) Any other provisions necessary to administer and enforce	409
section 903.12 of the Revised Code.	410

(E) Establish all of the following concerning livestock	411
manager certifications required under section 903.07 of the	412
Revised Code:	413

(1) The information to be included in an application for a	414
livestock manager certification and the amount of the application	415
fee;	416

(2) The content of the training required to be completed and	417
of the examination required to be passed by an applicant for a	418
livestock manager certification. The training shall include and	419
the examination shall test the applicant's knowledge of	420
information on topics that include calculating nutrient values in	421
manure, devising and implementing a plan for the land application	422
of manure, removing manure held in a manure storage or treatment	423
facility, and following best management practices established in	424
rules for disposal of dead animals and manure management,	425
including practices that control odor and protect the environment.	426
The director may specify other types of recognized training	427
programs that, if completed, are considered to satisfy the	428
training and examination requirement.	429

(3) Criteria and procedures for the issuance, denial,	430
suspension, revocation, or reinstatement of a livestock manager	431
certification;	432

(4) The length of time during which livestock manager	433
certifications will be valid and procedures for their renewal;	434

(5) The volume of manure that must be transported and land	435
applied annually or the volume of manure that must be bought,	436
sold, or land applied annually by a person in order for the person	437
to be required to obtain a livestock manager certification under	438
division (A)(2) of section 903.07 of the Revised Code;	439

(6) Requirements governing the management and handling of	440
manure, including the land application of manure;	441

(7) Requirements governing the keeping of records regarding	442
the handling of manure, including the land application of manure;	443

(8) Any other provisions necessary to administer and enforce	444
section 903.07 of the Revised Code.	445

(F) Establish all of the following concerning NPDES permits:

446

(1) The designation of concentrated animal feeding operations	447
that are subject to NPDES permit requirements under section 903.08	448
of the Revised Code;	449

(2) Effluent limitations governing discharges into waters of	450
the state that are authorized by permits;	451

(3) Variances from effluent limitations and other permit	452
requirements to the extent that the variances are consistent with	453
the Federal Water Pollution Control Act;	454

(4) Terms and conditions to be included in a permit,	455
including, as applicable, best management practices; installation	456
of discharge or water quality monitoring methods or equipment;	457
creation and retention of records; submission of periodic reports;	458
schedules of compliance; net volume, net weight, and, where	459
necessary, concentration and mass loading limits of manure that	460
may be discharged into waters of the state; and authorized	461
duration and frequency of any discharges into waters of the state;	462

(5) Procedures for the submission of applications for permits	463
and notices of intent to be covered by general permits, including	464
information that must be included in the applications and notices;	465

(6) The amount of the fee that must be submitted with an	466
application for a permit;	467

(7) Procedures for processing permit applications, including	468
public notice and participation requirements;	469

(8) Procedures for notifying the United States environmental	470
protection agency of the submission of permit applications, the	471
director's action on those applications, and any other reasonable	472
and relevant information;	473

(9) Procedures for notifying and receiving and responding to	474
recommendations from other states whose waters may be affected by	475
the issuance of a permit;	476

(10) Procedures for the transfer of permits to new owners or	477
operators;	478

(11) Grounds and procedures for the issuance, denial,	479
modification, suspension, or revocation of permits, including	480
general permits;	481

(12) A definition of "general NPDES permit" that establishes	482
categories of point sources to be covered under such a permit and	483
a definition of "individual NPDES permit" together with the	484
criteria for issuing a general NPDES permit and the criteria for	485
determining a person's eligibility to discharge under a general	486
NPDES permit.	487

The rules adopted under division (F) of this section shall be	488
consistent with the requirements of the Federal Water Pollution	489
Control Act.	490

(G) Establish public notice and participation requirements,	491
in addition to the procedures established in rules adopted under	492
division (F)(7) of this section, for the issuance, denial,	493
modification, transfer, suspension, and revocation of permits to	494
install, permits to operate, and NPDES permits consistent with	495
section 903.09 of the Revised Code, including a definition of what	496
constitutes significant public interest for the purposes of	497
divisions (A) and (F) of section 903.09 of the Revised Code and	498
procedures for public meetings. The rules shall require that	499
information that is presented at such a public meeting be limited	500
to the criteria that are applicable to the permit application that	501
is the subject of the public meeting.	502

(H) Establish the amount of civil penalties assessed by the	503
director of agriculture under division (B) of section 903.16 of	504
the Revised Code for violation of the terms and conditions of a	505
permit to install, permit to operate, or review compliance	506
certificate, provided that the rules adopted under this division	507
shall not establish a civil penalty of more than ten thousand	508
dollars per day for each violation;	509

(I) Establish procedures for the protection of trade secrets	510
from public disclosure. The procedures shall authorize the release	511
of trade secrets to officers, employees, or authorized	512
representatives of the state, another state, or the United States	513
when necessary for an enforcement action brought under this	514
chapter or when otherwise required by the Federal Water Pollution	515
Control Act. The rules shall require at least ten days' written	516
notice to the person to whom a trade secret applies prior to the	517
release of the trade secret. Rules adopted under this division do	518
not apply to any information that is contained in applications,	519
including attachments, for NPDES permits and that is required to	520
be submitted under section 903.08 of the Revised Code or rules	521
adopted under division (F) of this section.	522

(J) Establish any other provisions necessary to administer	523
and enforce this chapter.	524

Sec. 929.01.  As used in this chapter:

525

(A) "Agricultural production" means commercial aquaculture,	526
algaculture meaning the farming of algae, apiculture, animal	527
husbandry, or poultry husbandry; the production for a commercial	528
purpose of timber, field crops, tobacco, fruits, vegetables,	529
nursery stock, ornamental shrubs, ornamental trees, flowers, or	530
sod; the growth of timber for a noncommercial purpose if the land	531
on which the timber is grown is contiguous to or part of a parcel	532
of land under common ownership that is otherwise devoted	533
exclusively to agricultural use; or any combination of such	534
husbandry, production, or growth; and includes the processing,	535
drying, storage, and marketing of agricultural products when those	536
activities are conducted in conjunction with such husbandry,	537
production, or growth.	538

"Agricultural production" includes conservation practices,	539
provided that the tracts, lots, or parcels of land or portions	540
thereof that are used for conservation practices comprise not more	541
than twenty-five per cent of tracts, lots, or parcels of land that	542
are otherwise devoted exclusively to agricultural use and for	543
which an application is filed under section 929.02 of the Revised	544
Code.	545

(B) "Withdrawal from an agricultural district" includes the	546
explicit removal of land from an agricultural district, conversion	547
of land in an agricultural district to use for purposes other than	548
agricultural production, and withdrawal of land from a land	549
retirement or conservation program to use for purposes other than	550
agricultural production. Withdrawal from an agricultural district	551
does not include land described in division (A)(4) of section	552
5713.30 of the Revised Code.	553

(C) "Conservation practice" has the same meaning as in	554
section 5713.30 of the Revised Code.	555

Sec. 1309.102.  (A) As used in this chapter, unless the	556
context requires otherwise:	557

(1) "Accession" means goods that are physically united with	558
other goods in such a manner that the identity of the original	559
goods is not lost.	560

(2)(a) "Account," except as used in "account for," means a	561
right to payment of a monetary obligation, whether or not earned	562
by performance, (i) for property that has been or is to be sold,	563
leased, licensed, assigned, or otherwise disposed of, (ii) for	564
services rendered or to be rendered, (iii) for a policy of	565
insurance issued or to be issued, (iv) for a secondary obligation	566
incurred or to be incurred, (v) for energy provided or to be	567
provided, (vi) for the use or hire of a vessel under a charter or	568
other contract, (vii) arising out of the use of a credit or charge	569
card or information contained on or for use with the card, or	570
(viii) as winnings in a lottery or other game of chance operated	571
or sponsored by a state, governmental unit of a state, or person	572
licensed or authorized to operate the game by a state or	573
governmental unit of a state.	574

(b) "Account" includes health-care insurance receivables.

575

(c) "Account" does not include (i) rights to payment	576
evidenced by chattel paper or an instrument, (ii) commercial tort	577
claims, (iii) deposit accounts, (iv) investment property, (v)	578
letter-of-credit rights or letters of credit, or (vi) rights to	579
payment for money or funds advanced or sold, other than rights	580
arising out of the use of a credit or charge card or information	581
contained on or for use with the card.	582

(3) "Account debtor" means a person who is obligated on an	583
account, chattel paper, or general intangible. "Account debtor"	584
does not include a person who is obligated to pay a negotiable	585
instrument, even if the instrument constitutes part of chattel	586
paper.	587

(4) "Accounting," except as used in "accounting for," means a	588
record:	589

(a) Authenticated by a secured party;

590

(b) Indicating the aggregate unpaid secured obligations as of	591
a date not more than thirty-five days earlier or thirty-five days	592
later than the date of the record; and	593

(c) Identifying the components of the obligations in	594
reasonable detail.	595

(5) "Agricultural lien" means an interest, other than a	596
security interest, in farm products:	597

(a) That secures payment or performance of an obligation for:

598

(i) Goods or services furnished in connection with a debtor's	599
farming operation; or	600

(ii) Rent on real property leased by a debtor in connection	601
with its farming operation.	602

(b) That is created by statute in favor of a person who:

603

(i) In the ordinary course of business, furnished goods or	604
services to a debtor in connection with the debtor's farming	605
operation; or	606

(ii) Leased real property to a debtor in connection with the	607
debtor's farming operation; and	608

(c) Whose effectiveness does not depend on the person's	609
possession of the personal property.	610

(6) "As-extracted collateral" means:

611

(a) Oil, gas, or other minerals that are subject to a	612
security interest that:	613

(i) Is created by a debtor having an interest in the minerals	614
before extraction; and	615

(ii) Attaches to the minerals as extracted; or

616

(b) Accounts arising out of the sale at the wellhead or	617
minehead of oil, gas, or other minerals in which the debtor had an	618
interest before extraction.	619

(7) "Authenticate" means:

620

(a) To sign; or

621

(b) To execute or otherwise adopt a symbol, or encrypt or	622
similarly process a record in whole or in part, with the present	623
intent of the authenticating person to identify the person and	624
adopt or accept a record.	625

(8) "Bank" means an organization that is engaged in the	626
business of banking. "Bank" includes savings banks, savings and	627
loan associations, credit unions, and trust companies.	628

(9) "Cash proceeds" means proceeds that are money, checks,	629
deposit accounts, or the like.	630

(10) "Certificate of title" means a certificate of title with	631
respect to which a statute provides for the security interest in	632
question to be indicated on the certificate as a condition or	633
result of the security interest's obtaining priority over the	634
rights of a lien creditor with respect to the collateral.	635

(11)(a) "Chattel paper" means a record that evidences both a	636
monetary obligation and a security interest in specific goods, a	637
security interest in specific goods and software used in the	638
goods, a security interest in specific goods and license of	639
software used in the goods, a lease of specific goods, or a lease	640
of specific goods and license of software used in the goods.	641

As used in division (A)(11)(a) of this section, "monetary	642
obligation" means a monetary obligation secured by the goods or	643
owed under a lease of the goods and includes a monetary obligation	644
with respect to software used in the goods.	645

(b) If a transaction is evidenced by records that include an	646
instrument or series of instruments, the group of records taken	647
together constitutes chattel paper.	648

(c) "Chattel paper" does not include (i) charters or other	649
contracts involving the use or hire of a vessel or (ii) records	650
that evidence a right to payment arising out of the use of a	651
credit or charge card or information contained on or for use with	652
the card.	653

(12) "Collateral" means the property subject to a security	654
interest or agricultural lien, including:	655

(a) Proceeds to which a security interest attaches;

656

(b) Accounts, chattel paper, payment intangibles, and	657
promissory notes that have been sold; and	658

(c) Goods that are the subject of a consignment.

659

(13) "Commercial tort claim" means a claim arising in tort	660
with respect to which:	661

(a) The claimant is an organization; or

662

(b) The claimant is an individual, and the claim:

663

(i) Arose in the course of the claimant's business or	664
profession; and	665

(ii) Does not include damages arising out of personal injury	666
to or the death of an individual.	667

(14) "Commodity account" means an account maintained by a	668
commodity intermediary in which a commodity contract is carried	669
for a commodity customer.	670

(15) "Commodity contract" means a commodity futures contract,	671
an option on a commodity futures contract, a commodity option, or	672
another contract if the contract or option is:	673

(a) Traded on or subject to the rules of a board of trade	674
that has been designated as a contract market for such a contract	675
pursuant to the federal commodities laws; or	676

(b) Traded on a foreign commodity board of trade, exchange,	677
or market and is carried on the books of a commodity intermediary	678
for a commodity customer.	679

(16) "Commodity customer" means a person for whom a commodity	680
intermediary carries a commodity contract on its books.	681

(17) "Commodity intermediary" means a person that:

682

(a) Is registered as a futures commission merchant under the	683
federal commodities laws; or	684

(b) In the ordinary course of its business provides clearance	685
or settlement services for a board of trade that has been	686
designated as a contract market pursuant to the federal	687
commodities laws.	688

(18) "Communicate" means:

689

(a) To send a written or other tangible record;

690

(b) To transmit a record by any means agreed upon by the	691
persons sending and receiving the record; or	692

(c) In the case of transmission of a record to or by a filing	693
office, to transmit a record by any means prescribed by	694
filing-office rule.	695

(19) "Consignee" means a merchant to whom goods are delivered	696
in a consignment.	697

(20) "Consignment" means a transaction, regardless of its	698
form, in which a person delivers goods to a merchant for the	699
purpose of sale and:	700

(a) The merchant:

701

(i) Deals in goods of that kind under a name other than the	702
name of the person making delivery;	703

(ii) Is not an auctioneer; and

704

(iii) Is not generally known by its creditors to be	705
substantially engaged in selling the goods of others;	706

(b) With respect to each delivery, the aggregate value of the	707
goods is one thousand dollars or more at the time of delivery.	708

(c) The goods are not consumer goods immediately before	709
delivery; and	710

(d) The transaction does not create a security interest that	711
secures an obligation.	712

(21) "Consignor" means a person that delivers goods to a	713
consignee in a consignment.	714

(22) "Consumer debtor" means a debtor in a consumer	715
transaction.	716

(23) "Consumer goods" means goods that are used or bought for	717
use primarily for personal, family, or household purposes.	718

(24) "Consumer-goods transaction" means a consumer	719
transaction in which:	720

(a) An individual incurs an obligation primarily for	721
personal, family, or household purposes; and	722

(b) A security interest in consumer goods secures the	723
obligation.	724

(25) "Consumer obligor" means an obligor who is an individual	725
and who incurred the obligation as part of a transaction entered	726
into primarily for personal, family, or household purposes.	727

(26) "Consumer transaction" means a transaction in which: (a)	728
an individual incurs an obligation primarily for personal, family,	729
or household purposes, (b) a security interest secures the	730
obligation, and (c) the collateral is held or acquired primarily	731
for personal, family, or household purposes. "Consumer	732
transaction" includes consumer-goods transactions.	733

(27) "Continuation statement" means an amendment of a	734
financing statement that:	735

(a) Identifies, by its file number, the initial financing	736
statement to which it relates; and	737

(b) Indicates that it is a continuation statement for, or	738
that it is filed to continue the effectiveness of, the identified	739
financing statement.	740

(28) "Debtor" means:

741

(a) A person having an interest, other than a security	742
interest or other lien, in the collateral, whether or not the	743
person is an obligor;	744

(b) A seller of accounts, chattel paper, payment intangibles,	745
or promissory notes; or	746

(c) A consignee.

747

(29) "Deposit account" means a demand, time, savings,	748
passbook, or similar account maintained with a bank but does not	749
include investment property or accounts evidenced by an	750
instrument.	751

(30) "Document" means a document of title or a receipt of the	752
type described in division (B) of section 1307.201 of the Revised	753
Code.	754

(31) "Electronic chattel paper" means chattel paper evidenced	755
by a record consisting of information stored in an electronic	756
medium.	757

(32) "Encumbrance" means a right, other than an ownership	758
interest, in real property. "Encumbrance" includes mortgages and	759
other liens on real property.	760

(33) "Equipment" means goods other than inventory, farm	761
products, or consumer goods.	762

(34) "Farm products" means goods, other than standing timber,	763
with respect to which the debtor is engaged in a farming operation	764
and that are:	765

(a) Crops grown, growing, or to be grown, including:

766

(i) Crops produced on trees, vines, and bushes; and

767

(ii) Aquatic goods produced in aquacultural operations;

768

(iii) Algacultural products as defined in section 901.511 of	769
the Revised Code that are produced as a result of algaculture	770
meaning the farming of algae.	771

(b) Livestock, born or unborn, including aquatic goods	772
produced in aquacultural operations;	773

(c) Supplies used or produced in a farming operation; or

774

(d) Products of crops or livestock in their unmanufactured	775
states.	776

(35) "Farming operation" means raising, cultivating,	777
propagating, fattening, grazing, or any other farming, livestock,	778
or aquacultural operation.	779

(36) "File number" means the number assigned to an initial	780
financing statement under division (A) of section 1309.519 of the	781
Revised Code.	782

(37) "Filing office" means an office designated in section	783
1309.501 of the Revised Code as the place to file a financing	784
statement.	785

(38) "Filing-office rule" means a rule adopted under section	786
1309.526 of the Revised Code.	787

(39) "Financing statement" means a record composed of an	788
initial financing statement and any filed record or records	789
relating to the initial financing statement. For the purposes of	790
this chapter, financing statements filed for recording with the	791
secretary of state shall not be required to include social	792
security or employer identification numbers.	793

(40) "Fixture filing" means the filing of a financing	794
statement covering goods that are or are to become fixtures and	795
satisfying divisions (A) and (B) of section 1309.502 of the	796
Revised Code. "Fixture filing" includes the filing of a financing	797
statement covering goods of a transmitting utility that are or are	798
to become fixtures.	799

(41) "Fixtures" means goods that have become so related to	800
particular real property that an interest in them arises under	801
real property law.	802

(42) "General intangible" means any personal property,	803
including things in action, other than accounts, chattel paper,	804
commercial tort claims, deposit accounts, documents, goods,	805
instruments, investment property, letter-of-credit rights, letters	806
of credit, money, and oil, gas, or other minerals before	807
extraction. "General intangible" includes payment intangibles and	808
software.	809

(43) "Good faith" has the same meaning as in section 1301.201	810
of the Revised Code.	811

(44)(a) "Goods" means all things that are movable when a	812
security interest attaches. "Goods" includes (i) fixtures, (ii)	813
standing timber that is to be cut and removed under a conveyance	814
or contract for sale, (iii) the unborn young of animals, (iv)	815
crops grown, growing, or to be grown, even if the crops are	816
produced on trees, vines, or bushes, and (v) manufactured homes.	817

(b) "Goods" also includes a computer program embedded in	818
goods and any supporting information provided in connection with a	819
transaction relating to the program if (i) the program is	820
associated with the goods in such a manner that it customarily is	821
considered part of the goods, or (ii) by becoming the owner of the	822
goods, a person acquires a right to use the program in connection	823
with the goods.	824

(c) "Goods" does not include a computer program embedded in	825
goods that consist solely of the medium in which the program is	826
embedded. "Goods" does not include accounts, chattel paper,	827
commercial tort claims, deposit accounts, documents, general	828
intangibles, instruments, investment property, letter-of-credit	829
rights, letters of credit, money, or oil, gas, or other minerals	830
before extraction.	831

(45) "Governmental unit" means a subdivision, agency,	832
department, county, parish, municipal corporation, or other unit	833
of the government of the United States, a state, or a foreign	834
country. "Governmental unit" includes an organization having a	835
separate corporate existence if the organization is eligible to	836
issue debt on which interest is exempt from income taxation under	837
the laws of the United States.	838

(46) "Health-care-insurance receivable" means an interest in	839
or claim under a policy of insurance that is a right to payment of	840
a monetary obligation for health-care goods or services provided.	841

(47)(a) "Instrument" means a negotiable instrument or any	842
other writing that evidences a right to the payment of a monetary	843
obligation, is not itself a security agreement or lease, and is of	844
a type that in ordinary course of business is transferred by	845
delivery with any necessary indorsement or assignment.	846

(b) "Instrument" does not include (i) investment property,	847
(ii) letters of credit, or (iii) writings that evidence a right to	848
payment arising out of the use of a credit or charge card or	849
information contained on or for use with the card.	850

(48) "Inventory" means goods, other than farm products, that:

851

(a) Are leased by a person as lessor;

852

(b) Are held by a person for sale or lease or to be furnished	853
under a contract of service;	854

(c) Are furnished by a person under a contract of service; or

855

(d) Consist of raw materials, work in process, or materials	856
used or consumed in a business.	857

(49) "Investment property" means a security, whether	858
certificated or uncertificated, a security entitlement, a	859
securities account, a commodity contract, or a commodity account.	860

(50) "Jurisdiction of organization," with respect to a	861
registered organization, means the jurisdiction under whose law	862
the organization is organized.	863

(51) "Letter-of-credit right" means a right to payment or	864
performance under a letter of credit, whether or not the	865
beneficiary has demanded or is at the time entitled to demand	866
payment or performance. "Letter-of-credit right" does not include	867
the right of a beneficiary to demand payment or performance under	868
a letter of credit.	869

(52) "Lien creditor" means:

870

(a) A creditor who has acquired a lien on the property	871
involved by attachment, levy or the like;	872

(b) An assignee for benefit of creditors from the time of	873
assignment;	874

(c) A trustee in bankruptcy from the date of the filing of	875
the petition; or	876

(d) A receiver in equity from the time of appointment.

877

(53) "Manufactured home" means a structure, transportable in	878
one or more sections, that, in the traveling mode, is eight body	879
feet or more in width or forty body feet or more in length, or,	880
when erected on site, is three hundred twenty or more square feet,	881
and that is built on a permanent chassis and designed to be used	882
as a dwelling with or without a permanent foundation when	883
connected to the required utilities, and includes the plumbing,	884
heating, air conditioning, and electrical systems contained in the	885
structure. "Manufactured home" includes any structure that meets	886
all of the requirements of this paragraph except the size	887
requirements and with respect to which the manufacturer	888
voluntarily files a certification required by the United States	889
secretary of housing and urban development and complies with the	890
standards established under Title 42 of the United States Code.	891

(54) "Manufactured-home transaction" means a secured	892
transaction:	893

(a) That creates a purchase-money security interest in a	894
manufactured home, other than a manufactured home held as	895
inventory; or	896

(b) In which a manufactured home, other than a manufactured	897
home held as inventory, is the primary collateral.	898

(55) "Mortgage" means a consensual interest in real property,	899
including fixtures, that secures payment or performance of an	900
obligation.	901

(56) "New debtor" means a person that becomes bound as debtor	902
under division (D) of section 1309.203 of the Revised Code by a	903
security agreement previously entered into by another person.	904

(57)(a) "New value" means (i) money, (ii) money's worth in	905
property, services, or new credit, or (iii) release by a	906
transferee of an interest in property previously transferred to	907
the transferee.	908

(b) "New value" does not include an obligation substituted	909
for another obligation.	910

(58) "Noncash proceeds" means proceeds other than cash	911
proceeds.	912

(59)(a) "Obligor" means a person who, with respect to an	913
obligation secured by a security interest in or an agricultural	914
lien on the collateral, (i) owes payment or other performance of	915
the obligation, (ii) has provided property other than the	916
collateral to secure payment or other performance of the	917
obligation, or (iii) is otherwise accountable in whole or in part	918
for payment or other performance of the obligation.	919

(b) "Obligor" does not include issuers or nominated persons	920
under a letter of credit.	921

(60) "Original debtor," except as used in division (C) of	922
section 1309.310 of the Revised Code, means a person who, as	923
debtor, entered into a security agreement to which a new debtor	924
has become bound under division (D) of section 1309.203 of the	925
Revised Code.	926

(61) "Payment intangible" means a general intangible under	927
which the account debtor's principal obligation is a monetary	928
obligation.	929

(62) "Person related to," with respect to an individual,	930
means:	931

(a) The spouse of the individual;

932

(b) A brother, brother-in-law, sister, or sister-in-law of	933
the individual;	934

(c) An ancestor or lineal descendant of the individual or the	935
individual's spouse; or	936

(d) Any other relative, by blood or marriage, of the	937
individual or the individual's spouse who shares the same home	938
with the individual.	939

(63) "Person related to," with respect to an organization,	940
means:	941

(a) A person directly or indirectly controlling, controlled	942
by, or under common control with the organization;	943

(b) An officer or director of, or a person performing similar	944
functions with respect to, the organization;	945

(c) An officer or director of, or a person performing similar	946
functions with respect to, a person described in division	947
(A)(63)(a) of this section;	948

(d) The spouse of an individual described in division	949
(A)(63)(a), (b), or (c) of this section; or	950

(e) An individual who is related by blood or marriage to an	951
individual described in division (A)(63)(a), (b), (c), or (d) of	952
this section and shares the same home with the individual.	953

(64) "Proceeds," except as used in division (B) of section	954
1309.609 of the Revised Code, means the following property:	955

(a) Whatever is acquired upon the sale, lease, license,	956
exchange, or other disposition of collateral;	957

(b) Whatever is collected on, or distributed on account of,	958
collateral;	959

(c) Rights arising out of collateral;

960

(d) To the extent of the value of collateral, claims arising	961
out of the loss, nonconformity, or interference with the use of,	962
defects or infringement of rights in, or damage to the collateral;	963
or	964

(e) To the extent of the value of collateral and to the	965
extent payable to the debtor or the secured party, insurance	966
payable by reason of the loss or nonconformity of, defects or	967
infringement of rights in, or damage to the collateral.	968

(65) "Promissory note" means an instrument that evidences a	969
promise to pay a monetary obligation, does not evidence an order	970
to pay, and does not contain an acknowledgment by a bank that the	971
bank has received for deposit a sum of money or funds.	972

(66) "Proposal" means a record authenticated by a secured	973
party that includes the terms on which the secured party is	974
willing to accept collateral in full or partial satisfaction of	975
the obligation it secures pursuant to sections 1309.620, 1309.621,	976
and 1309.622 of the Revised Code.	977

(67) "Public-finance transaction" means a secured transaction	978
in connection with which:	979

(a) Debt securities are issued;

980

(b) All or a portion of the securities issued have an initial	981
stated maturity of at least twenty years; and	982

(c) The debtor, obligor, secured party, account debtor or	983
other person obligated on collateral, assignor or assignee of a	984
secured obligation, or assignor or assignee of a security interest	985
is a state or a governmental unit of a state.	986

(68) "Pursuant to commitment," with respect to an advance	987
made or other value given by a secured party, means pursuant to	988
the secured party's obligation, whether or not a subsequent event	989
of default or other event not within the secured party's control	990
has relieved or may relieve the secured party from its obligation.	991

(69) "Record," except as used in "for record," "of record,"	992
"record or legal title," and "record owner," means information	993
that is inscribed on a tangible medium or that is stored in an	994
electronic or other medium and is retrievable in perceivable form.	995

(70) "Registered organization" means an organization	996
organized solely under the law of a single state or the United	997
States and as to which the state or the United States must	998
maintain a public record showing the organization to have been	999
organized.	1000

(71) "Secondary obligor" means an obligor to the extent that:

1001

(a) The obligor's obligation is secondary; or

1002

(b) The obligor has a right of recourse with respect to an	1003
obligation secured by collateral against the debtor, another	1004
obligor, or property of either.	1005

(72) "Secured party" means:

1006

(a) A person in whose favor a security interest is created or	1007
provided for under a security agreement, whether or not any	1008
obligation to be secured is outstanding;	1009

(b) A person that holds an agricultural lien;

1010

(c) A consignor;

1011

(d) A person to whom accounts, chattel paper, payment	1012
intangibles, or promissory notes have been sold;	1013

(e) A trustee, indenture trustee, agent, collateral agent, or	1014
other representative in whose favor a security interest or	1015
agricultural lien is created or provided for; or	1016

(f) A person who holds a security interest arising under	1017
section 1302.42, 1302.49, 1302.85, 1304.20, 1305.18, or 1310.54 of	1018
the Revised Code.	1019

(73) "Security agreement" means an agreement that creates or	1020
provides for a security interest.	1021

(74) "Send," in connection with a record or notification,	1022
means:	1023

(a) To deposit in the mail, deliver for transmission, or	1024
transmit by any other usual means of communication, with postage	1025
or cost of transmission provided for, addressed to any address	1026
reasonable under the circumstances; or	1027

(b) To cause the record or notification to be received within	1028
the time that it would have been received if properly sent under	1029
division (A)(74)(a) of this section.	1030

(75) "Software" means a computer program and any supporting	1031
information provided in connection with a transaction relating to	1032
the program. "Software" does not include a computer program that	1033
is included in the definition of goods.	1034

(76) "State" means a state of the United States, the District	1035
of Columbia, Puerto Rico, the United States Virgin Islands, or any	1036
territory or insular possession subject to the jurisdiction of the	1037
United States.	1038

(77) "Supporting obligation" means a letter-of-credit right	1039
or secondary obligation that supports the payment or performance	1040
of an account, chattel paper, a document, a general intangible, an	1041
instrument, or investment property.	1042

(78) "Tangible chattel paper" means chattel paper evidenced	1043
by a record consisting of information that is inscribed on a	1044
tangible medium.	1045

(79) "Termination statement" means an amendment of a	1046
financing statement that:	1047

(a) Identifies, by its file number, the initial financing	1048
statement to which it relates; and	1049

(b) Indicates either that it is a termination statement or	1050
that the identified financing statement is no longer effective.	1051

(80) "Transmitting utility" means a person primarily engaged	1052
in the business of:	1053

(a) Operating a railroad, subway, street railway, or trolley	1054
bus;	1055

(b) Transmitting communications electrically,	1056
electromagnetically, or by light;	1057

(c) Transmitting goods by pipeline or sewer; or

1058

(d) Transmitting or producing and transmitting electricity,	1059
steam, gas, or water.	1060

(B) Other definitions applying to this chapter are:

1061

(1) "Applicant" has the same meaning as in section 1305.01 of	1062
the Revised Code.	1063

(2) "Beneficiary" has the same meaning as in section 1305.01	1064
of the Revised Code.	1065

(3) "Broker" has the same meaning as in section 1308.01 of	1066
the Revised Code.	1067

(4) "Certificated security" has the same meaning as in	1068
section 1308.01 of the Revised Code.	1069

(5) "Check" has the same meaning as in section 1303.03 of the	1070
Revised Code.	1071

(6) "Clearing corporation" has the same meaning as in section	1072
1308.01 of the Revised Code.	1073

(7) "Contract for sale" has the same meaning as in section	1074
1302.01 of the Revised Code.	1075

(8) "Control" with respect to a document of title, has the	1076
same meaning as in section 1307.106 of the Revised Code.	1077

(9) "Customer" has the same meaning as in section 1304.01 of	1078
the Revised Code.	1079

(10) "Entitlement holder" has the same meaning as in section	1080
1308.01 of the Revised Code.	1081

(11) "Financial asset" has the same meaning as in section	1082
1308.01 of the Revised Code.	1083

(12) "Holder in due course" has the same meaning as in	1084
section 1303.32 of the Revised Code.	1085

(13) "Issuer," with respect to a letter of credit or	1086
letter-of-credit right, has the same meaning as in section 1305.01	1087
of the Revised Code.	1088

(14) "Issuer," with respect to a security, has the same	1089
meaning as in section 1308.08 of the Revised Code.	1090

(15) "Issuer," with respect to a document of title, has the	1091
same meaning as in section 1307.102 of the Revised Code.	1092

(16) "Lease," "lease agreement," "lease contract," "leasehold	1093
interest," "lessee," "lessee in ordinary course of business,"	1094
"lessor," and "lessor's residual interest" have the same meanings	1095
as in section 1310.01 of the Revised Code.	1096

(17) "Letter of credit" has the same meaning as in section	1097
1305.01 of the Revised Code.	1098

(18) "Merchant" has the same meaning as in section 1302.01 of	1099
the Revised Code.	1100

(19) "Negotiable instrument" has the same meaning as in	1101
section 1303.03 of the Revised Code.	1102

(20) "Nominated person" has the same meaning as in section	1103
1305.01 of the Revised Code.	1104

(21) "Note" has the same meaning as in section 1303.03 of the	1105
Revised Code.	1106

(22) "Proceeds of a letter of credit" has the same meaning as	1107
in section 1305.13 of the Revised Code.	1108

(23) "Prove" has the same meaning as in section 1303.01 of	1109
the Revised Code.	1110

(24) "Sale" has the same meaning as in division (A)(11) of	1111
section 1302.01 of the Revised Code.	1112

(25) "Securities account" has the same meaning as in section	1113
1308.51 of the Revised Code.	1114

(26) "Securities intermediary," "security," "security	1115
certificate," "security entitlement," and "uncertificated	1116
security" have the same meanings as in section 1308.01 of the	1117
Revised Code.	1118

(C) In addition, Chapter 1301. of the Revised Code contains	1119
general definitions and principles of construction and	1120
interpretations applicable throughout this chapter.	1121

Sec. 1311.55.  (A) As used in this section:

1122

(1) "Agricultural product" means all fruit and vegetable	1123
crops, meat and meat products, milk and dairy products, poultry	1124
and poultry products, wool, and all seeds harvested by a producer	1125
for sale, except that it does not include any grain crop that is	1126
subject to the fee that the director of agriculture may require to	1127
be remitted under section 926.16 of the Revised Code.	1128
"Agricultural product" also includes an algacultural product as	1129
defined in section 901.511 of the Revised Code.	1130

(2) "Agricultural product handling" means engaging in or	1131
participating in the business of buying, selling, exchanging, or	1132
negotiating or soliciting a purchase, sale, resale, exchange, or	1133
transfer of an agricultural product.	1134

(3) "Agricultural product handler" or "handler" means any	1135
person who is engaged in the business of agricultural product	1136
handling, except that a person who sells only those agricultural	1137
products that the person has produced, or buys agricultural	1138
products for the person's own use, is not an agricultural product	1139
handler.	1140

(4) "Agricultural producer" or "producer" means any person	1141
who grows, raises, or produces an agricultural product on land	1142
that the person owns or leases.	1143

(5) "Proceeds" has the same meaning as in division (A)(64) of	1144
section 1309.102 of the Revised Code.	1145

(B) An agricultural producer who delivers an agricultural	1146
product under an express or implied contract to an agricultural	1147
product handler, or an agricultural product handler who delivers	1148
an agricultural product under an express or implied contract to	1149
another agricultural product handler, has a lien to secure the	1150
payment for all of the agricultural product delivered under that	1151
contract. The lien attaches to the product, whether in a raw or	1152
processed condition, while in the possession of the agricultural	1153
product handler, and to the proceeds of the sale of the	1154
agricultural product. The lien attaches from the date of delivery	1155
of the agricultural product to the handler, or if there is a	1156
series of deliveries under the contract, from the date of the	1157
first delivery. The lien is contingent until the producer or	1158
handler complies with section 1311.56 of the Revised Code.	1159

(C) The lien on an agricultural product covers the contract	1160
price agreed upon, or when there is no agreed price at the time of	1161
delivery, the value of the agricultural product as determined by	1162
the "market news service" of the Ohio department of agriculture on	1163
the date the agricultural producer or handler files the affidavit	1164
permitted under section 1311.56 of the Revised Code.	1165

(D) Any waiver by a producer or handler of the producer's or	1166
handler's right to an agricultural product lien is void as being	1167
contrary to public policy.	1168

Sec. 1729.01.  As used in this chapter:

1169

(A) "Agricultural cooperative" means a cooperative to which	1170
all of the following apply:	1171

(1) The cooperative engages in any activity in connection	1172
with the propagation, raising, producing, harvesting, storing,	1173
drying, handling, processing, or marketing of agricultural	1174
products; procuring equipment and supplies or providing services	1175
for producers and others; bargaining; and any activity related to	1176
the foregoing.	1177

(2) Producers or agricultural cooperatives exercise more than	1178
fifty per cent of the voting control of the cooperative.	1179

(3) The cooperative does at least fifty per cent of its	1180
business with producers or agricultural cooperatives.	1181

(B) "Agricultural products" includes aquacultural,	1182
horticultural, viticultural, forestry, dairy, livestock, poultry,	1183
bee, and farm products, and the produce or byproducts of any of	1184
such products. "Agricultural products" also includes algacultural	1185
products as defined in section 901.511 of the Revised Code.	1186

(C) "Association" means any corporation organized under this	1187
chapter.	1188

(D) "Bargaining" means the mutual obligation of a handler and	1189
a marketing cooperative to meet at reasonable times and confer and	1190
negotiate in good faith. Negotiations may include all terms	1191
relative to trading between handlers and producers. The obligation	1192
does not require either party to agree upon price, terms of sale,	1193
or any other marketing agreement, or to make a concession.	1194

(E) "Board" means the board of directors of an association.

1195

(F) "Cooperative" means an association or a foreign	1196
association.	1197

(G) "Entity," except as otherwise provided, means a foreign	1198
association, a foreign or domestic corporation other than a	1199
cooperative, or a foreign or domestic limited liability company.	1200

(H) "Foreign association" means a corporation organized under	1201
the cooperative laws of another state or the District of Columbia	1202
or a foreign corporation organized under corporation laws of	1203
another state, the District of Columbia, or the United States that	1204
operates on a cooperative basis.	1205

(I) "Handler" means a person who acquires agricultural	1206
products under a sales contract for the purpose of processing or	1207
reselling agricultural products.	1208

(J) "Marketing agreement" means an agreement, contract, or	1209
other arrangement between a cooperative and a member in which the	1210
member agrees to market all or a part of the products or produce	1211
produced by the member, or agrees to purchase all or a part of the	1212
member's requirements for inputs, services, or supplies.	1213

(K) "Marketing cooperative" means any agricultural	1214
cooperative meeting the requirements of the "Co-operative	1215
Marketing Associations Act," 42 Stat. 388 (1922), 7 U.S.C.A. 291,	1216
that negotiates sales contracts with handlers on behalf of its	1217
members and is not in direct competition with any handler with	1218
which it negotiates such contracts.	1219

(L) "Member" means a person who has been qualified and	1220
accepted into membership in a cooperative.	1221

(M) "Membership stock" means any class of stock or other	1222
equity interest in a cooperative, continuous ownership of which is	1223
required for membership in the cooperative.	1224

(N) "Patron" means a person with which a cooperative has made	1225
an enforceable agreement to allocate and distribute a per unit	1226
retain, patronage dividend, or patronage refund with respect to	1227
business conducted by the cooperative with or for the person.	1228

(O) "Patronage stock" means any stock or other equity	1229
interest in a cooperative that was originally issued by the	1230
cooperative with respect to patronage transactions.	1231

(P) "Person" includes a natural person, partnership,	1232
corporation, cooperative, or other entity.	1233

(Q) "Processing" means changing the physical or chemical	1234
characteristics of agricultural products.	1235

(R) "Producer" means a person engaged in the production of	1236
agricultural products for the market, including a lessor of real	1237
or personal property used for production of agricultural products	1238
for the market that receives as rent part of the agricultural	1239
product.	1240

(S) "Sales contract" means a marketing agreement or other	1241
similar arrangement between a handler and a producer, negotiated	1242
by the producer or by an agricultural cooperative acting as agent	1243
for a producer, under which the producer agrees to grow or produce	1244
agricultural products for sale to the handler.	1245

Sec. 3781.06.  (A)(1) Any building that may be used as a	1246
place of resort, assembly, education, entertainment, lodging,	1247
dwelling, trade, manufacture, repair, storage, traffic, or	1248
occupancy by the public, any residential building, and all other	1249
buildings or parts and appurtenances of those buildings erected	1250
within this state, shall be so constructed, erected, equipped, and	1251
maintained that they shall be safe and sanitary for their intended	1252
use and occupancy.	1253

(2) Nothing in sections 3781.06 to 3781.18 and 3791.04 of the	1254
Revised Code shall be construed to limit the power of the public	1255
health council to adopt rules of uniform application governing	1256
manufactured home parks pursuant to section 3733.02 of the Revised	1257
Code.	1258

(B) Sections 3781.06 to 3781.18 and 3791.04 of the Revised	1259
Code do not apply to either of the following:	1260

(1) Buildings or structures that are incident to the use for	1261
agricultural purposes of the land on which the buildings or	1262
structures are located, provided those buildings or structures are	1263
not used in the business of retail trade. For purposes of this	1264
division, a building or structure is not considered used in the	1265
business of retail trade if fifty per cent or more of the gross	1266
income received from sales of products in the building or	1267
structure by the owner or operator is from sales of products	1268
produced or raised in a normal crop year on farms owned or	1269
operated by the seller.	1270

(2) Existing single-family, two-family, and three-family	1271
detached dwelling houses for which applications have been	1272
submitted to the director of job and family services pursuant to	1273
section 5104.03 of the Revised Code for the purposes of operating	1274
type A family day-care homes as defined in section 5104.01 of the	1275
Revised Code.	1276

(C) As used in sections 3781.06 to 3781.18 and 3791.04 of the	1277
Revised Code:	1278

(1) "Agricultural purposes" include agriculture, farming,	1279
dairying, pasturage, apiculture, algaculture meaning the farming	1280
of algae, horticulture, floriculture, viticulture, ornamental	1281
horticulture, olericulture, pomiculture, and animal and poultry	1282
husbandry.	1283

(2) "Building" means any structure consisting of foundations,	1284
walls, columns, girders, beams, floors, and roof, or a combination	1285
of any number of these parts, with or without other parts or	1286
appurtenances.	1287

(3) "Industrialized unit" means a building unit or assembly	1288
of closed construction fabricated in an off-site facility, that is	1289
substantially self-sufficient as a unit or as part of a greater	1290
structure, and that requires transportation to the site of	1291
intended use. "Industrialized unit" includes units installed on	1292
the site as independent units, as part of a group of units, or	1293
incorporated with standard construction methods to form a	1294
completed structural entity. "Industrialized unit" does not	1295
include a manufactured home as defined by division (C)(4) of this	1296
section or a mobile home as defined by division (O) of section	1297
4501.01 of the Revised Code.	1298

(4) "Manufactured home" means a building unit or assembly of	1299
closed construction that is fabricated in an off-site facility and	1300
constructed in conformance with the federal construction and	1301
safety standards established by the secretary of housing and urban	1302
development pursuant to the "Manufactured Housing Construction and	1303
Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401,	1304
5403, and that has a permanent label or tag affixed to it, as	1305
specified in 42 U.S.C.A. 5415, certifying compliance with all	1306
applicable federal construction and safety standards.	1307

(5) "Permanent foundation" means permanent masonry, concrete,	1308
or a footing or foundation approved by the manufactured homes	1309
commission pursuant to Chapter 4781. of the Revised Code, to which	1310
a manufactured or mobile home may be affixed.	1311

(6) "Permanently sited manufactured home" means a	1312
manufactured home that meets all of the following criteria:	1313

(a) The structure is affixed to a permanent foundation and is	1314
connected to appropriate facilities;	1315

(b) The structure, excluding any addition, has a width of at	1316
least twenty-two feet at one point, a length of at least	1317
twenty-two feet at one point, and a total living area, excluding	1318
garages, porches, or attachments, of at least nine hundred square	1319
feet;	1320

(c) The structure has a minimum 3:12 residential roof pitch,	1321
conventional residential siding, and a six-inch minimum eave	1322
overhang, including appropriate guttering;	1323

(d) The structure was manufactured after January 1, 1995;

1324

(e) The structure is not located in a manufactured home park	1325
as defined by section 3733.01 of the Revised Code.	1326

(7) "Safe," with respect to a building, means it is free from	1327
danger or hazard to the life, safety, health, or welfare of	1328
persons occupying or frequenting it, or of the public and from	1329
danger of settlement, movement, disintegration, or collapse,	1330
whether such danger arises from the methods or materials of its	1331
construction or from equipment installed therein, for the purpose	1332
of lighting, heating, the transmission or utilization of electric	1333
current, or from its location or otherwise.	1334

(8) "Sanitary," with respect to a building, means it is free	1335
from danger or hazard to the health of persons occupying or	1336
frequenting it or to that of the public, if such danger arises	1337
from the method or materials of its construction or from any	1338
equipment installed therein, for the purpose of lighting, heating,	1339
ventilating, or plumbing.	1340

(9) "Residential building" means a one-family, two-family, or	1341
three-family dwelling house, and any accessory structure	1342
incidental to that dwelling house. "Residential building" includes	1343
a one-family, two-family, or three-family dwelling house that is	1344
used as a model to promote the sale of a similar dwelling house.	1345
"Residential building" does not include an industrialized unit as	1346
defined by division (C)(3) of this section, a manufactured home as	1347
defined by division (C)(4) of this section, or a mobile home as	1348
defined by division (O) of section 4501.01 of the Revised Code.	1349

(10) "Nonresidential building" means any building that is not	1350
a residential building or a manufactured or mobile home.	1351

(11) "Accessory structure" means a structure that is attached	1352
to a residential building and serves the principal use of the	1353
residential building. "Accessory structure" includes, but is not	1354
limited to, a garage, porch, or screened-in patio.	1355

Sec. 5501.50.  (A) As used in this section, "agricultural	1356
purposes" means commercial animal or poultry husbandry, or the	1357
production for a commercial purpose of field crops, tobacco,	1358
fruits, or vegetables. "Agricultural purposes" also includes	1359
algaculture meaning the farming of algae.	1360

(B) Whenever the director of transportation acquires real	1361
property as provided in section 5501.32 of the Revised Code or	1362
otherwise acquires real property in fee simple in the name of the	1363
state for highway purposes and subsequently finds the property is	1364
not needed for such purposes, or will not be needed for such	1365
purposes for a period of two years or more following the date of	1366
acquisition of the property, and the property is adjacent to or in	1367
the near vicinity of property used for agricultural purposes, the	1368
director may, at the director's discretion, offer to lease the	1369
property for agricultural purposes for one year at a price	1370
consistent with rentals of adjacent agricultural lands in the	1371
manner provided in divisions (C), (D), (E), (F), (G), (H), and (I)	1372
of this section before conveying or transferring the fee simple	1373
estate or any lesser estate or interest in the property, or	1374
permitting its use by another.	1375

(C) Real property shall be offered for lease by mailing a	1376
notice, in writing, to each person who owns or leases property	1377
being used for agricultural purposes that adjoins or is in the	1378
near vicinity of the property. The notice shall include a general	1379
description of the property offered for lease, the cost of the	1380
lease, the manner in which the lease will be made, the	1381
requirements of this section, a statement that the person shall	1382
notify the director in writing within no more than four weeks	1383
following mailing of the notice if the person is interested in	1384
leasing the property, and such other information as the director	1385
considers necessary.	1386

(D) If the director receives information in writing from two	1387
or more persons who are interested in leasing the real property,	1388
one of whom is the owner of real property that adjoins the	1389
property offered for lease, the director may lease the property to	1390
that person. If the director receives such information from two or	1391
more persons, two or more of whom are owners of real property that	1392
adjoins the property offered for lease, the director shall lease	1393
the property to the person whose information is contained in the	1394
envelope bearing the earliest postmark.	1395

(E) Any lease made under this section shall be conditioned	1396
upon the lessee's written agreement to maintain weed control on	1397
the property. If the director has reasonable cause to believe that	1398
such an agreement is violated, the director, or any of the	1399
director's authorized agents, may, at the director's or authorized	1400
agent's discretion, do either of the following:	1401

(1) Provide necessary weed control. The expense of providing	1402
weed control shall be paid by the director out of any	1403
appropriation to the department of transportation available for	1404
the establishment, use, maintenance, or repair of highways and the	1405
amount thereof shall be reimbursed by the lessee to the department	1406
and if not reimbursed the amount thereof shall be certified to the	1407
attorney general for collection by civil action against the lessee	1408
of the property.	1409

(2) File a complaint by petition in the court of common pleas	1410
of the county in which the property is located. Upon a finding by	1411
the court that a violation of the agreement exists as alleged in	1412
the petition, the court shall enter an order of abatement against	1413
the lessee of the property.	1414

(F) If real property offered for lease as provided in this	1415
section is located near a highway where the use of the property	1416
for crops such as corn and wheat will obstruct the view of any	1417
part of the highway from a person operating a vehicle on the	1418
highway or on an intersecting highway or private road, or near an	1419
airport where such use of the property may interfere with airport	1420
safety, any lease made shall be conditioned upon the lessee's	1421
written agreement to use the property for only crops that will not	1422
create such an obstruction of the view of the highway or	1423
interference with airport safety. If the director has reasonable	1424
cause to believe that such an agreement is violated, the director,	1425
or any of the director's authorized agents, may, at the director's	1426
or authorized agent's discretion, do either of the following:	1427

(1) Remove the crop or such part thereof as may be necessary	1428
to ensure that the view of the highway will not be obstructed, or	1429
that airport safety will not be reduced. The expense of the	1430
removal shall be paid by the director out of any appropriation to	1431
the department of transportation available for the establishment,	1432
use, maintenance, or repair of highways and the amount thereof	1433
shall be reimbursed by the lessee to the department and if not	1434
reimbursed the amount thereof shall be certified to the attorney	1435
general for collection by civil action against the lessee of the	1436
property.	1437

(2) File a complaint by petition in the court of common pleas	1438
of the county in which the property is located. Upon a finding by	1439
the court that a violation of the agreement exists as alleged in	1440
the petition, the court shall enter an order of abatement against	1441
the lessee of the property.	1442

(G) The director may offer to renew annually any lease of	1443
real property made under this section to the current lessee or may	1444
offer the opportunity to lease to others in the manner and subject	1445
to the requirements and limitations as provided for in this	1446
section.	1447

(H) The requirements of sections 5501.32, 5501.34, and	1448
5501.45 of the Revised Code relating to the appraisal,	1449
advertisement, manner of sale, and minimum sale price of property	1450
not needed for highway purposes and the requirements of sections	1451
5501.34 and 5501.45 of the Revised Code relating to the use of	1452
property not needed for highway purposes for recreation purposes,	1453
do not apply to a lease or renewal of a lease of real property	1454
made in accordance with this section.	1455

(I) Except as provided in divisions (E)(1) and (F)(1) of this	1456
section, all expense incurred in the lease of real property under	1457
this section shall be paid out of the proceeds of the lease and	1458
the balance shall be deposited in the highway fund from which the	1459
purchase of the real property giving rise to the proceeds was	1460
made.	1461

(J) Nothing in this section shall be construed to permit the	1462
director to acquire real property by appropriation for the purpose	1463
of leasing it for agricultural purposes.	1464

Sec. 5713.30.  As used in sections 5713.31 to 5713.37 and	1465
5715.01 of the Revised Code:	1466

(A) "Land devoted exclusively to agricultural use" means:

1467

(1) Tracts, lots, or parcels of land totaling not less than	1468
ten acres thatto which, during the three calendar years prior to	1469
the year in which application is filed under section 5713.31 of	1470
the Revised Code, and through the last day of May of such year,	1471
one or more of the following apply:	1472

(a) The tracts, lots, or parcels of land were devoted	1473
exclusively to commercial animal or poultry husbandry,	1474
aquaculture, algaculture meaning the farming of algae, apiculture,	1475
the production for a commercial purpose of timber, field crops,	1476
tobacco, fruits, vegetables, nursery stock, ornamental trees, sod,	1477
or flowers, or the growth of timber for a noncommercial purpose,	1478
if the land on which the timber is grown is contiguous to or part	1479
of a parcel of land under common ownership that is otherwise	1480
devoted exclusively to agricultural use, or.	1481

(b) The tracts, lots, or parcels of land were devoted	1482
exclusively to biodiesel production, biomass energy production,	1483
electric or heat energy production, or biologically derived	1484
methane gas production if the land on which the production	1485
facility is located is contiguous to or part of a parcel of land	1486
under common ownership that is otherwise devoted exclusively to	1487
agricultural use, provided that at least fifty per cent of the	1488
feedstock used in the production was derived from parcels of land	1489
under common ownership or leasehold.	1490

(c) The tracts, lots, or parcels of land were devoted to and	1491
qualified for payments or other compensation under a land	1492
retirement or conservation program under an agreement with an	1493
agency of the federal government;.	1494

(2) Tracts, lots, or parcels of land totaling less than ten	1495
acres that, during the three calendar years prior to the year in	1496
which application is filed under section 5713.31 of the Revised	1497
Code and through the last day of May of such year, were devoted	1498
exclusively to commercial animal or poultry husbandry,	1499
aquaculture, algaculture meaning the farming of algae, apiculture,	1500
the production for a commercial purpose of field crops, tobacco,	1501
fruits, vegetables, timber, nursery stock, ornamental trees, sod,	1502
or flowers where such activities produced an average yearly gross	1503
income of at least twenty-five hundred dollars during such	1504
three-year period or where there is evidence of an anticipated	1505
gross income of such amount from such activities during the tax	1506
year in which application is made, or were devoted to and	1507
qualified for payments or other compensation under a land	1508
retirement or conservation program under an agreement with an	1509
agency of the federal government;	1510

(3) A tract, lot, or parcel of land taxed under sections	1511
5713.22 to 5713.26 of the Revised Code is not land devoted	1512
exclusively to agricultural use;	1513

(4) Tracts, lots, or parcels of land, or portions thereof	1514
that, during the previous three consecutive calendar years have	1515
been designated as land devoted exclusively to agricultural use,	1516
but such land has been lying idle or fallow for up to one year and	1517
no action has occurred to such land that is either inconsistent	1518
with the return of it to agricultural production or converts the	1519
land devoted exclusively to agricultural use as defined in this	1520
section. Such land shall remain designated as land devoted	1521
exclusively to agricultural use provided that beyond one year, but	1522
less than three years, the landowner proves good cause as	1523
determined by the board of revision.	1524

"Land devoted exclusively to agricultural use" includes	1525
tracts, lots, or parcels of land or portions thereof that are used	1526
for conservation practices, provided that the tracts, lots, or	1527
parcels of land or portions thereof comprise twenty-five per cent	1528
or less of the total of the tracts, lots, or parcels of land that	1529
satisfy the criteria established in division (A)(1), (2), or (4)	1530
of this section together with the tracts, lots, or parcels of land	1531
or portions thereof that are used for conservation practices.	1532

(B) "Conversion of land devoted exclusively to agricultural	1533
use" means any of the following:	1534

(1) The failure of the owner of land devoted exclusively to	1535
agricultural use during the next preceding calendar year to file a	1536
renewal application under section 5713.31 of the Revised Code	1537
without good cause as determined by the board of revision;	1538

(2) The failure of the new owner of such land to file an	1539
initial application under that section without good cause as	1540
determined by the board of revision;	1541

(3) The failure of such land or portion thereof to qualify as	1542
land devoted exclusively to agricultural use for the current	1543
calendar year as requested by an application filed under such	1544
section;	1545

(4) The failure of the owner of the land described in	1546
division (A)(4) of this section to act on such land in a manner	1547
that is consistent with the return of the land to agricultural	1548
production after three years.	1549

The construction or installation of an energy facility, as	1550
defined in section 5727.01 of the Revised Code, on a portion of a	1551
tract, lot, or parcel of land devoted exclusively to agricultural	1552
use shall not cause the remaining portion of the tract, lot, or	1553
parcel to be regarded as a conversion of land devoted exclusively	1554
to agricultural use if the remaining portion of the tract, lot, or	1555
parcel continues to be devoted exclusively to agricultural use.	1556

(C) "Tax savings" means the difference between the dollar	1557
amount of real property taxes levied in any year on land valued	1558
and assessed in accordance with its current agricultural use value	1559
and the dollar amount of real property taxes that would have been	1560
levied upon such land if it had been valued and assessed for such	1561
year in accordance with Section 2 of Article XII, Ohio	1562
Constitution.	1563

(D) "Owner" includes, but is not limited to, any person	1564
owning a fee simple, fee tail, or life estate or a buyer on a land	1565
installment contract.	1566

(E) "Conservation practices" are practices used to abate soil	1567
erosion as required in the management of the farming operation,	1568
and include, but are not limited to, the installation,	1569
construction, development, planting, or use of grass waterways,	1570
terraces, diversions, filter strips, field borders, windbreaks,	1571
riparian buffers, wetlands, ponds, and cover crops for that	1572
purpose.	1573

(F) "Wetlands" has the same meaning as in section 6111.02 of	1574
the Revised Code.	1575

(G) "Biodiesel" means a mono-alkyl ester combustible liquid	1576
fuel that is derived from vegetable oils or animal fats or any	1577
combination of those reagents and that meets the American society	1578
for testing and materials specification D6751-03a for biodiesel	1579
fuel (B100) blend stock distillate fuels.	1580

(H) "Biologically derived methane gas" means gas from the	1581
anaerobic digestion of organic materials, including animal waste	1582
and agricultural crops and residues.	1583

(I) "Biomass energy" means energy that is produced from	1584
organic material derived from plants or animals and available on a	1585
renewable basis, including, but not limited to, agricultural	1586
crops, tree crops, crop by-products, and residues.	1587

(J) "Electric or heat energy" means electric or heat energy	1588
generated from manure, cornstalks, soybean waste, or other	1589
agricultural feedstocks.	1590

Section 2. That existing sections 1.61, 303.01, 303.21,	1591
519.01, 519.21, 901.511, 903.10, 929.01, 1309.102, 1311.55,	1592
1729.01, 3781.06, 5501.50, and 5713.30 of the Revised Code are	1593
hereby repealed.	1594

Section 3.  (A) The Legislative Task Force to Study Anaerobic	1595
Digesters for Agricultural Use and Application in the State is	1596
hereby established. The Task Force shall consist of the following	1597
members:	1598

(1) Two members of the House of Representatives appointed by	1599
the Speaker of the House of Representatives as follows:	1600

(a) One member shall be from the majority party.

1601

(b) One member shall be from the minority party.

1602

The Speaker shall designate one of the members appointed by	1603
the Speaker as co-chairperson of the Task Force.	1604

(2) Two members of the Senate appointed by the President of	1605
the Senate as follows:	1606

(a) One member shall be from the majority party.

1607

(b) One member shall be from the minority party.

1608

The President shall designate one of the members appointed by	1609
the President as co-chairperson of the Task Force.	1610

(3) The following members appointed by the Speaker of the	1611
House of Representatives:	1612

(a) One member representing the Ohio Farm Bureau Federation;

1613

(b) One member representing the Ohio Soybean Association;

1614

(c) One member representing the Ohio Environmental Council or	1615
another environmental advocacy organization in the state;	1616

(d) One member who is an agronomist and actively working with	1617
farmers in a distressed watershed in the state;	1618

(e) One member who is an attorney who is licensed to practice	1619
law in the state and who has knowledge of the topics being studied	1620
by the Task Force.	1621

(4) The following members appointed by the President of the	1622
Senate:	1623

(a) One member representing the livestock industry in the	1624
state;	1625

(b) One member representing the anaerobic digester industry	1626
in the state;	1627

(c) One member representing the public;

1628

(d) Two members representing local governments in the state.

1629

(5) The Director of Agriculture or the Director's designee;

1630

(6) The Director of Natural Resources or the Director's	1631
designee;	1632

(7) The Director of Environmental Protection or the	1633
Director's designee.	1634

(B) Appointments shall be made not later than thirty days	1635
after the effective date of this section. A vacancy on the Task	1636
Force shall be filled in the same manner as the original	1637
appointment. Members of the Task Force shall serve without	1638
compensation.	1639

(C) The Task Force shall study all of the following:

1640

(1) The use of anaerobic digesters and the impact of	1641
anaerobic digesters on the state;	1642

(2) How the use of anaerobic digesters may impact the	1643
environment;	1644

(3) How the use of anaerobic digesters is regulated in other	1645
states;	1646

(4) The use of anaerobic digesters in a cooperative setting;

1647

(5) The overall impact of state laws governing the use of	1648
anaerobic digesters on agriculture, residents, and local	1649
governments in the state.	1650

(D) The Task Force shall prepare and submit the following	1651
reports to the General Assembly:	1652

(1) Not later than August 1, 2012, a report of the findings	1653
of the Task Force and recommendations concerning the use of	1654
anaerobic digesters and the impact of that use on the state;	1655

(2) Not later than October 1, 2012, a report of the findings	1656
of the Task Force and recommendations concerning revisions of	1657
state law governing anaerobic digesters.	1658

Upon issuance of the report under division (D)(2) of this	1659
section, the Task Force shall cease to exist.	1660

(E) The co-chairpersons of the Task Force shall hold meetings	1661
at times that the co-chairpersons or a majority of the Task Force	1662
considers appropriate. The Task Force shall not hold a meeting	1663
unless it provides at least twenty-four hours' notice to news	1664
media organizations that have requested such notification.	1665

(F) The Task Force shall prepare and maintain minutes of its	1666
meetings. The minutes are public records for the purposes of	1667
section 149.43 of the Revised Code.	1668

(G) For the purposes of this section, the Legislative Service	1669
Commission shall provide professional and technical support to the	1670
members of the Task Force that are appointed to it by the Speaker	1671
of the House of Representatives and the President of the Senate	1672
under divisions (A)(1) and (2) of this section.	1673

Section 4. Section 3 of this act is hereby declared to be an	1674
emergency measure necessary for the immediate preservation of the	1675
public peace, health, and safety. The reason for such necessity is	1676
that a thorough understanding of the impact of anaerobic digesters	1677
on agriculture, residents, local governments, and the environment	1678
is necessary in order to effectively and appropriately regulate	1679
them. Therefore, Section 3 of this act shall go into immediate	1680
effect.	1681