As Reported by the House Economic and Small Business Development Committee

129th General Assembly
Regular Session
2011-2012
Am. H. B. No. 436


Representatives Grossman, Anielski 

Cosponsors: Representatives Thompson, Wachtmann, Combs, Landis, Terhar, Baker, Pelanda, Hagan, C., Buchy, Kozlowski, Henne, Newbold, Barnes 



A BILL
To enact sections 122.97 and 122.971 of the Revised 1
Code to create the SiteOhio certification program 2
within the Department of Development to certify 3
and market eligible commercial, industrial, and 4
manufacturing sites and facilities.5


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

       Section 1. That sections 122.97 and 122.971 of the Revised 6
Code be enacted to read as follows:7

       Sec. 122.97. (A) As used in this section:8

        (1) "Eligible applicant" means a person or a political 9
subdivision.10

        (2) "Eligible project" means a project that, upon completion, 11
will be a site and facility primarily intended for commercial, 12
industrial, or manufacturing use. "Eligible projects" do not 13
include sites and facilities intended primarily for residential, 14
retail, or government use.15

        (3) "Person" has the same meaning as in section 5701.01 of 16
the Revised Code.17

        (4) "Political subdivision" means a municipal corporation, 18
township, county, school district, or any other body corporate and 19
politic responsible for governmental activities in a geographic 20
area smaller than that of the state.21

        (5) "SiteOhio certification program" means the program 22
created under this section.23

        (B) There is hereby created the SiteOhio certification 24
program to certify and market eligible projects in the state. The 25
program shall be administered by the department of development.26

        (C) An eligible applicant may apply to the director of 27
development on forms prescribed by the director for the director 28
to certify an eligible project. In addition to the application, 29
the applicant shall submit any additional materials required by 30
the director. The director shall establish scoring criteria, 31
scoring instruments, and materials for use by the department of 32
development in reviewing applications under the SiteOhio 33
certification program. The content of the scoring criteria, 34
scoring instruments, and materials shall be at the discretion of 35
the director and may include, where practicable, evaluation of 36
certain quality of life indicators and community assets. The 37
scoring criteria, scoring instruments, and materials shall be 38
published and made available with the application.39

        Subject to any limitations imposed under division (E)(2) of 40
this section, the director shall approve an application and 41
certify the applicant's eligible project if the applicant meets 42
all of the scoring criteria established by the director.43

        (D) After the director of development certifies an eligible 44
project, the project shall be listed on the department's web site. 45
The director shall market certified eligible projects to 46
interested persons.47

        (E) The director of development shall adopt rules under 48
Chapter 119. of the Revised Code necessary to implement and 49
operate the SiteOhio certification program. The rules may provide 50
for eligible applicants for certification to be charged fees to 51
cover administrative costs incurred by the department in the 52
administration of this section. Any fees collected under this 53
section shall be credited to the SiteOhio administration fund. The 54
director may do either of the following:55

        (1) Contract with one or more persons to administer all or 56
part of the SiteOhio certification program.57

        (2) Limit the number of eligible projects the director 58
certifies according to the available resources and capabilities of 59
the department.60

       Sec. 122.971. There is hereby created in the state treasury 61
the SiteOhio administration fund. Money collected from the fees 62
remitted by applicants for certification under section 122.97 of 63
the Revised Code shall be credited to the fund. The director of 64
development shall use the fund to pay the department's 65
administrative expenses for administering the SiteOhio 66
certification program under section 122.97 of the Revised Code.67