Section 1. That sections 5501.03, 5501.311, 5531.09, and | 9 |
5531.18 be amended and sections 5539.01, 5539.02, 5539.03, | 10 |
5539.031, 5539.04, 5539.05, 5539.06, 5539.07, 5539.08, 5539.09, | 11 |
5539.10, and 5539.11 of the Revised Code be enacted to read as | 12 |
follows: | 13 |
(2) Coordinate and develop, in cooperation with local, | 19 |
regional, state, and federal planning agencies and authorities, | 20 |
comprehensive and balanced state policy and planning to meet | 21 |
present and future needs for adequate transportation facilities in | 22 |
this state, including recommendations for adequate funding of the | 23 |
implementation of such planning; | 24 |
(8) Prepare, print, distribute, and advertise books, maps, | 46 |
pamphlets, and other information that, in the judgment of the | 47 |
director, will inform the public and other governmental | 48 |
departments, agencies, and authorities as to the duties, powers, | 49 |
and functions of the department; | 50 |
(9) In its research and development program, consider | 51 |
technologies for improving safety, mobility, aviation and aviation | 52 |
education, transportation facilities, roadways, including | 53 |
construction techniques and materials to prolong project life, | 54 |
being used or developed by other states that have geographic, | 55 |
geologic, or climatic features similar to this state's, and | 56 |
collaborate with those states in that development. | 57 |
(B) Nothing contained in this section shall be held to in any | 58 |
manner affect, limit, restrict, or otherwise interfere with the | 59 |
exercise of powers relating to transportation facilities by | 60 |
appropriate agencies of the federal government, or by counties, | 61 |
municipal corporations, or other political subdivisions or special | 62 |
districts in this state authorized by law to exercise such powers. | 63 |
(D) The director of transportation may enter into contracts | 67 |
with public agencies including political subdivisions, other state | 68 |
agencies, boards, commissions, regional transit authorities, | 69 |
county transit boards, and port authorities, transportation | 70 |
innovation authorities, and any corporation
organized under the | 71 |
laws of Ohio, to administer the design, qualification of bidders, | 72 |
competitive bid letting, construction inspection, research, and | 73 |
acceptance of any projects or transportation facilities | 74 |
administered by the department, provided the administration of | 75 |
such projects or transportation facilities is performed in | 76 |
accordance with all applicable state and federal laws and | 77 |
regulations with oversight by the department. | 78 |
(E) The director may enter into cooperative or contractual | 79 |
agreements with any individual, organization, or business related | 80 |
to the creation or promotion of a traveler information program. | 81 |
The traveler information program shall provide real-time traffic | 82 |
conditions and travel time information to travelers by telephone, | 83 |
text message, internet, or other similar means at no cost to the | 84 |
traveler. The director may contract with a program manager for the | 85 |
traveler information program. The program manager shall be | 86 |
responsible for all costs associated with the development and | 87 |
operation of the traveler information program. The compensation | 88 |
due to a program manager or vendor under any of these agreements | 89 |
may include deferred compensation in an amount determined by the | 90 |
director. Excess revenue shall be remitted to the department for | 91 |
deposit into the highway operating fund. | 92 |
(F) Any materials or data submitted to, made available to, or | 93 |
received by the director of transportation, to the extent that the | 94 |
materials or data consist of trade secrets, as defined in section | 95 |
1333.61 of the Revised Code, or commercial or financial | 96 |
information, are confidential and are not public records for the | 97 |
purposes of section 149.43 of the Revised Code. | 98 |
Sec. 5501.311. (A) Notwithstanding sections 123.01 and | 99 |
127.16 of the Revised Code the director of transportation may | 100 |
lease or lease-purchase all or any part of a transportation | 101 |
facility to or from one or more persons, one or more governmental | 102 |
agencies, a transportation improvement district, a transportation | 103 |
innovation authority, or any combination thereof, and may grant | 104 |
leases, easements, or licenses for lands under the control of the | 105 |
department of transportation. The director may adopt rules | 106 |
necessary to give effect to this section. | 107 |
(C) Any lease or lease-purchase agreement under which the | 112 |
department is the lessee shall be for a period not exceeding the | 113 |
then current two-year period for which appropriations have been | 114 |
made by the general assembly to the department, and such agreement | 115 |
may contain such other terms as the department and the other | 116 |
parties thereto agree, notwithstanding any other provision of law, | 117 |
including provisions that rental payments in amounts sufficient to | 118 |
pay bond service charges payable during the current two-year lease | 119 |
term shall be an absolute and unconditional obligation of the | 120 |
department independent of all other duties under the agreement | 121 |
without set-off or deduction or any other similar rights or | 122 |
defenses. Any such agreement may provide for renewal of the | 123 |
agreement at the end of each term for another term, not exceeding | 124 |
two years, provided that no renewal shall be effective until the | 125 |
effective date of an appropriation enacted by the general assembly | 126 |
from which the department may lawfully pay rentals under such | 127 |
agreement. Any such agreement may include, without limitation, any | 128 |
agreement by the department with respect to any costs of | 129 |
transportation facilities to be included prior to acquisition and | 130 |
construction of such transportation facilities. Any such agreement | 131 |
shall not constitute a debt or pledge of the faith and credit of | 132 |
the state, or of any political subdivision of the state, and the | 133 |
lessor shall have no right to have taxes or excises levied by the | 134 |
general assembly, or the taxing authority of any political | 135 |
subdivision of the state, for the payment of rentals thereunder. | 136 |
Any such agreement shall contain a statement to that effect. | 137 |
(D) A municipal corporation, township, or county may use | 138 |
service payments in lieu of taxes credited to special funds or | 139 |
accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of the | 140 |
Revised Code to provide its contribution to the cost of a | 141 |
transportation facility, provided such facility was among the | 142 |
purposes for which such service payments were authorized. The | 143 |
contribution may be in the form of a lump sum or periodic | 144 |
payments. | 145 |
(E) Pursuant to the "Telecommunications Act of 1996," 110 | 146 |
Stat. 152, 47 U.S.C. 332 note, the director may grant a lease, | 147 |
easement, or license in a transportation facility to a | 148 |
telecommunications service provider for construction, placement, | 149 |
or operation of a telecommunications facility. An interest granted | 150 |
under this division is subject to all of the following conditions: | 151 |
(F) In accordance with section 5501.031 of the Revised Code, | 187 |
to further efforts to promote energy conservation and energy | 188 |
efficiency, the director may grant a lease, easement, or license | 189 |
in a transportation facility to a utility service provider that | 190 |
has received its certificate from the Ohio power siting board or | 191 |
appropriate local entity for construction, placement, or operation | 192 |
of an alternative energy generating facility service provider as | 193 |
defined in section 4928.64 of the Revised Code. An interest | 194 |
granted under this division is subject to all of the following | 195 |
conditions: | 196 |
(H) A lease, easement, or license granted under division (E) | 226 |
or (F) of this section, and any telecommunications facility or | 227 |
alternative energy generating facility relating to such interest | 228 |
in a transportation facility, is hereby deemed to further the | 229 |
essential highway purpose of building and maintaining a safe, | 230 |
energy-efficient, and accessible transportation system. | 231 |
Sec. 5531.09. (A) The state infrastructure bank shall
| 232 |
consist of the highway and transit infrastructure bank fund, the
| 233 |
aviation infrastructure bank fund, the rail infrastructure bank
| 234 |
fund, and the infrastructure bank obligations fund, and the new
| 235 |
generation infrastructure bank funds, which are hereby created as
| 236 |
funds of the state treasury, to be administered by the director of | 237 |
transportation and used for the purposes described in division
| 238 |
(B) of this section. The highway and transit infrastructure bank | 239 |
fund, the aviation infrastructure bank fund, and the rail | 240 |
infrastructure bank fund shall consist of federal grants and | 241 |
awards or other assistance received by the state and eligible for | 242 |
deposit therein under applicable federal law, payments received by | 243 |
the department in connection with providing financial assistance | 244 |
for qualifying projects under division (B) of this section, and | 245 |
such other amounts as may be provided by law. The infrastructure | 246 |
bank obligations fund shall consist of such
amounts of the | 247 |
proceeds of obligations issued under section 5531.10 of the | 248 |
Revised Code as the director of transportation determines with the | 249 |
advice of the director of budget and
management; and such other | 250 |
amounts as may be provided by law.
The new generation | 251 |
infrastructure bank funds shall consist of such other assistance | 252 |
received by the state as may be provided by law. The director of | 253 |
budget and management, upon the request of the director of | 254 |
transportation, may transfer amounts between
the funds created in | 255 |
this division, except the infrastructure bank obligations fund. | 256 |
The investment earnings of each fund created by this division | 257 |
shall be credited to such fund.
| 258 |
(B)(1) The director of transportation shall use the state
| 259 |
infrastructure bank, except the new generation infrastructure bank
| 260 |
funds, to encourage public and private investment in
| 261 |
transportation facilities that contribute to the multi-modal and
| 262 |
intermodal transportation capabilities of the state, develop a
| 263 |
variety of financing techniques designed to expand the
| 264 |
availability of funding resources and to reduce direct state
| 265 |
costs, maximize private and local participation in financing
| 266 |
projects, and improve the efficiency of the state transportation
| 267 |
system by using and developing the particular advantages of each
| 268 |
transportation mode to the fullest extent. In furtherance of
| 269 |
these purposes, the director shall use the state infrastructure
| 270 |
bank to provide financial assistance to public or private
| 271 |
entities for qualified projects. Such assistance shall be in the
| 272 |
form of loans, loan guarantees, letters of credit, leases,
| 273 |
lease-purchase agreements, interest rate subsidies, debt service
| 274 |
reserves, and such other forms as the director determines to be
| 275 |
appropriate. All fees, charges, rates of interest, payment
| 276 |
schedules, security for, and other terms and conditions relating
| 277 |
to such assistance shall be determined by the director.
| 278 |
(2) The director shall use the new generation infrastructure
| 279 |
bank funds to encourage transportation innovation authorities
| 280 |
created under Chapter 5539. of the Revised Code to invest in
| 281 |
transportation facilities that contribute to the multi-modal and
| 282 |
intermodal transportation capabilities of the state, develop a
| 283 |
variety of financing techniques designed to expand the
| 284 |
availability of funding resources and to reduce direct state
| 285 |
costs, maximize transportation innovation authorities'
| 286 |
participation in financing projects, and improve the efficiency of
| 287 |
the state transportation system by using and developing the
| 288 |
particular advantages of each transportation mode to the fullest
| 289 |
extent. In furtherance of these purposes, the director shall use
| 290 |
the new generation infrastructure bank funds to provide financial
| 291 |
assistance to transportation innovation authorities for qualified
| 292 |
projects. Such assistance shall be in the form of loans, loan
| 293 |
guarantees, letters of credit, leases, lease-purchase agreements,
| 294 |
interest rate subsidies, debt service reserves, and such other
| 295 |
forms of assistance as the director determines to be appropriate.
| 296 |
All fees, charges, rates of interest, payment schedules, security
| 297 |
for, and other terms and conditions relating to such assistance
| 298 |
shall be determined by the director. | 299 |
(D) As used in this section and in section 5531.10 of the
| 305 |
Revised Code, "qualified project" means any public or private
| 306 |
transportation project as determined by the director of
| 307 |
transportation, including, without limitation, planning,
| 308 |
environmental impact studies, engineering, construction,
| 309 |
reconstruction, resurfacing, restoring, rehabilitation, or
| 310 |
replacement of public or private transportation facilities within
| 311 |
the state, studying the feasibility thereof, and the acquisition
| 312 |
of real or personal property or interests therein; any highway,
| 313 |
public transit, aviation, rail, or other transportation project
| 314 |
eligible for financing or aid under any federal or state program;
| 315 |
and any project involving the maintaining, repairing, improving,
| 316 |
or construction of any public or private highway, road, street,
| 317 |
parkway, public transit, aviation, or rail project, and any
| 318 |
related rights-of-way, bridges, tunnels, railroad-highway
| 319 |
crossings, drainage structures, signs, guardrails, or protective
| 320 |
structures.
| 321 |
(E) The general assembly finds that state infrastructure
| 322 |
projects, as defined in division (A)(8) of section 5531.10 of the
| 323 |
Revised Code, and the state infrastructure bank, will materially
| 324 |
contribute to the economic revitalization of areas of the state
| 325 |
and result in improving the economic welfare of all the people of
| 326 |
the state. Accordingly, it is declared to be the public purpose of
| 327 |
the state, through operations under sections 5531.09 and 5531.10
| 328 |
of the Revised Code, and other applicable laws adopted pursuant to
| 329 |
Section 13 of Article VIII, Ohio Constitution, and other authority
| 330 |
vested in the general assembly, to assist in and facilitate the
| 331 |
purposes set forth in division (B) of section 5531.10 of the
| 332 |
Revised Code, and to assist and cooperate with any governmental
| 333 |
agency in achieving such purposes.
| 334 |
Sec. 5531.18. The director of transportation shall establish | 335 |
a procedure whereby a political subdivision or other governmental | 336 |
agency or agencies may submit a written application to the | 337 |
director in accordance with Chapter 5539. of the Revised Code | 338 |
requesting the department of transportation to construct and | 339 |
operate a toll project within the boundaries of the subdivision, | 340 |
agency, or agencies making the request. The procedure shall | 341 |
include a requirement that the director send a written reply to | 342 |
the subdivision, agency, or agencies explaining the disposition of | 343 |
the request. | 344 |
"Governmental agency" means a county, township, or municipal
| 346 |
corporation, and any agency thereof; any other political
| 347 |
subdivision; any county transit system, regional transit
| 348 |
authority, or regional transit commission created under Chapter
| 349 |
306. of the Revised Code; any new community authority organized
| 350 |
under Chapter 349. of the Revised Code; one or more municipal
| 351 |
corporations and one or more townships acting pursuant to a
| 352 |
cooperative economic development agreement entered into under
| 353 |
section 701.07 of the Revised Code; any joint economic development
| 354 |
zone or joint economic development district organized under
| 355 |
Chapter 715. of the Revised Code; any metropolitan planning
| 356 |
organization; any port authority created under Chapter 4582. of
| 357 |
the Revised Code; any transportation improvement district created
| 358 |
under Chapter 5540. of the Revised Code; the Ohio rail development
| 359 |
commission created under Chapter 4981. of the Revised Code; any
| 360 |
other public corporation, agency, or commission established
| 361 |
pursuant to state law; and any combination of the above. | 362 |
"Transportation project" means a project constructed,
| 378 |
improved, operated, or managed under this chapter, including the
| 379 |
construction, reconstruction, alteration, repair, improvement,
| 380 |
operation, or management of any road, highway, bridge, or other
| 381 |
transportation facility as defined in section 5501.01 of the
| 382 |
Revised Code; any multimodal and intermodal systems; any public
| 383 |
transit system; and any freight or intercity passenger rail
| 384 |
system. | 385 |
(B) The purpose of a transportation innovation authority
| 392 |
established under this chapter is to foster and encourage the
| 393 |
investment of public and private resources in the planning and
| 394 |
implementation of innovative transportation projects to enhance
| 395 |
the efficiency of the state's transportation system, enhance
| 396 |
intermodal and multimodal systems to streamline the
| 397 |
transportation of goods and persons, and encourage the improvement
| 398 |
and development of public transit systems and intercity passenger
| 399 |
rail service throughout the state. A transportation innovation
| 400 |
authority shall assist governmental agencies in the identification
| 401 |
of transportation needs that will foster growth and economic
| 402 |
development in the region conducive to the transportation projects
| 403 |
and shall assist in funding priority projects through cooperative
| 404 |
arrangements involving public and private partnerships. | 405 |
Sec. 5539.03. (A) Subject to approval by the director of
| 406 |
transportation under division (B) of this section, any
| 407 |
governmental agency, by resolution, ordinance, or other formal
| 408 |
action by the appropriate legislative authority of such
| 409 |
governmental agency, as applicable, may enter into an agreement
| 410 |
with one or more other governmental agencies proposing to form a
| 411 |
transportation innovation authority. The agreement between all
| 412 |
participating governmental agencies, at a minimum, shall do all of
| 413 |
the following: | 414 |
(8) Subject to section 5539.031 of the Revised Code, require
| 435 |
all political subdivisions participating as members of the
| 436 |
authority to agree, in a time and manner specified in the
| 437 |
agreement, to adopt zoning and land use policies and laws that
| 438 |
are consistent with and that complement the transportation
| 439 |
innovation authority priorities, objectives, and identified
| 440 |
projects; | 441 |
(10) Specify the process by which the boards or legislative | 448 |
authorities of member governmental agencies may ratify a | 449 |
transportation project and the funding thereof as recommended by | 450 |
the authority. The ratification process may specify the adoption | 451 |
by all governmental agencies, a majority of governmental agencies, | 452 |
the governmental agencies of the most populous jurisdictions | 453 |
participating in the authority, or other acceptable process. | 454 |
(B) Upon entering into an agreement, a proposed
| 455 |
transportation innovation authority shall provide a copy of the
| 456 |
agreement to the director of transportation, who shall approve or
| 457 |
disapprove the agreement or suggest modifications to ensure
| 458 |
consistency with the purposes of this chapter. Each member shall | 459 |
be notified of the director's approval, disapproval, or suggested | 460 |
modifications, with a deadline for any action that is required to | 461 |
be taken. If the proposed authority has not adopted an agreement | 462 |
on or before the deadline, it shall cease to exist as a proposed | 463 |
authority. | 464 |
Sec. 5539.031. (A) As soon as practicable after approval of | 469 |
an agreement under division (C) of section 5539.03 of the Revised | 470 |
Code and before engaging in any transportation project
| 471 |
development, a transportation innovation authority shall develop a
| 472 |
proposed land use plan for the area within the authority that
| 473 |
includes recommended changes to current land use and zoning
| 474 |
policies and other measures that promote land use consistent with
| 475 |
the authority's proposed transportation projects. The proposed
| 476 |
land use plan shall be submitted to each member governmental
| 477 |
agency and the department of transportation. The plan shall
| 478 |
include a document that specifically details the changes required
| 479 |
of each such governmental agency to that agency's current land use
| 480 |
and zoning policies. Upon receipt of the proposed land use plan,
| 481 |
the appropriate legislative authority of the governmental agency,
| 482 |
in the time and manner specified in the agreement adopted under
| 483 |
section 5539.03 of the Revised Code, shall express its intent to
| 484 |
take action to change its land use policies and regulations. | 485 |
(B) Upon approval of a proposed land use plan, the authority | 486 |
shall develop a transportation project, including proposed funding | 487 |
sources for the project. The authority shall submit a draft of its | 488 |
proposed plan to the board of directors for approval. If approved, | 489 |
the members of the authority shall submit the proposed plan to | 490 |
their respective boards or legislative authorities, which shall | 491 |
take appropriate action to ratify or disapprove the proposed plan. | 492 |
Each such board or legislative authority shall notify the | 493 |
transportation innovation authority in writing of its ratification | 494 |
or disapproval of the proposed plan. | 495 |
Sec. 5539.04. (A) A transportation innovation authority shall
| 496 |
be governed by a board of directors, the membership of which shall
| 497 |
be established by the governmental agencies comprising the
| 498 |
authority; provided, that there shall be an equal number of board
| 499 |
members representing each governmental agency comprising the
| 500 |
authority. Each member of the board serves at the pleasure of the
| 501 |
member's appointing authority, and the appointing authority may
| 502 |
remove an appointee the appointing authority has appointed at any
| 503 |
time and for any reason. Members of the board shall receive no
| 504 |
compensation but may be reimbursed for their necessary and actual
| 505 |
expenses incurred in the course of duties as board members. The
| 506 |
affirmative vote of a majority of the board is necessary to
| 507 |
transact business. | 508 |
(C) A transportation innovation authority is a body both
| 514 |
corporate and politic. The exercise by it of the powers
| 515 |
conferred by this chapter are considered to be essential
| 516 |
governmental functions and shall be governed by all applicable | 517 |
state and federal laws in the planning, construction, operation, | 518 |
and maintenance of transportation projects proposed to be | 519 |
undertaken by the authority. | 520 |
(D) Membership on the board of directors of a transportation | 521 |
innovation authority is not the holding of a public office or | 522 |
employment within the meaning of any section of the Revised Code | 523 |
or any municipal charter provision prohibiting the holding of | 524 |
other public office or employment. Membership on such a board is | 525 |
not a direct or indirect interest in an agreement or expenditure | 526 |
of money by a governmental agency with which a member may be | 527 |
affiliated. Notwithstanding any provision of law or a municipal | 528 |
charter to the contrary, no member of a board of directors of a | 529 |
transportation innovation authority shall forfeit or be | 530 |
disqualified from holding any public office or employment by | 531 |
reason of membership on the board. | 532 |
(A) Sue and be sued in its own name, plead, and be impleaded;
| 538 |
provided, any actions against the authority shall be brought in
| 539 |
the court of common pleas in the county in which the authority is
| 540 |
headquartered or in the court of common pleas of the county in
| 541 |
which the cause of action arose, and all summonses and notices of
| 542 |
any kind shall be served on the authority by leaving a copy
| 543 |
thereof at its headquarters; | 544 |
(D) Employ, retain, or contract for the services of
| 551 |
consultants, engineers, construction and accounting experts,
| 552 |
financial advisers, trustees, attorneys, or other employees,
| 553 |
independent contractors, or agents as are necessary in its
| 554 |
judgment for the exercise of its powers and performance of its
| 555 |
duties under this chapter; | 556 |
Sec. 5539.06. The board and members of a transportation
| 571 |
innovation authority created under this chapter shall encourage
| 572 |
the participation of all political subdivisions within the
| 573 |
geographic jurisdiction of the authority. An authority shall
| 574 |
invite the participation of any new community authority, county
| 575 |
transit system, regional transit authority, regional transit
| 576 |
commission, joint economic development zone or joint economic
| 577 |
development district, transportation improvement district, port
| 578 |
authority, or metropolitan planning organization whose
| 579 |
jurisdiction is within or substantially within the jurisdiction
| 580 |
identified by an authority. | 581 |
(C) An authority shall submit an annual audited financial
| 605 |
report to the general assembly and the director of transportation
| 606 |
setting forth all sources and uses of funds obtained or otherwise
| 607 |
generated by the authority and a detailed breakdown of the
| 608 |
different classes of expenditures made by the authority during
| 609 |
each calendar year of operation. Such report also shall contain
| 610 |
two-year budget projections for the operating expenses for the
| 611 |
authority and specific transportation project funding. | 612 |
Sec. 5539.09. (A) A transportation innovation authority may
| 613 |
acquire by purchase, lease, lease-purchase, lease with option to
| 614 |
purchase, or otherwise, and in such manner and for such
| 615 |
consideration as it considers proper, any public or private
| 616 |
property necessary, convenient, or proper for the construction,
| 617 |
maintenance, repair, or operation of a transportation project.
| 618 |
Title to real and personal property shall be held in the name of
| 619 |
the authority. Except as otherwise agreed to by the owner, full
| 620 |
compensation shall be paid for public property taken. | 621 |
(B) A governmental agency may exercise the power of eminent
| 622 |
domain to acquire property necessary for or in connection with a
| 623 |
transportation project, but only to the extent such power is
| 624 |
granted to the governmental agency individually. In any
| 625 |
proceedings for appropriation, the procedure to be followed shall
| 626 |
be in accordance with that provided in sections 163.01 to 163.22
| 627 |
of the Revised Code or as otherwise provided by law for the
| 628 |
governmental agency. Nothing in this chapter shall be construed as
| 629 |
permitting a transportation innovation authority to exercise the
| 630 |
power of eminent domain as a collective entity to acquire property
| 631 |
necessary for or in connection with a transportation project. | 632 |
(C) This section does not authorize an authority to take or
| 633 |
disturb property or facilities belonging to any public utility or
| 634 |
to a common carrier engaged in interstate commerce if the property
| 635 |
or facilities are required for the proper and convenient operation
| 636 |
of the public utility or common carrier unless provision is made
| 637 |
for the restoration, relocation, replication, or duplication of
| 638 |
the property or facilities elsewhere at the sole cost of the
| 639 |
authority. | 640 |
(D) Except as otherwise provided in this chapter, disposition
| 641 |
of real property shall be by sale, lease-purchase agreement, lease
| 642 |
with option to purchase, or otherwise in such manner and for such
| 643 |
consideration as the authority determines if to a governmental
| 644 |
agency or to a private entity involved in the transportation
| 645 |
project funding, and otherwise in the manner provided in section
| 646 |
5501.45 of the Revised Code for the disposition of property by the
| 647 |
director of transportation. Disposition of personal property shall
| 648 |
be in such manner and for such consideration as the authority
| 649 |
determines. | 650 |
Sec. 5539.10. The board of directors of a transportation
| 651 |
innovation authority may acquire real property in fee simple in
| 652 |
the name of the authority in connection with, but in excess of
| 653 |
that needed for, a project, by any method other than appropriation
| 654 |
and hold the property for such period of time as the board
| 655 |
determines. All right, title, and interest of the authority in the
| 656 |
property may be sold at public auction or otherwise, as the board
| 657 |
considers in the best interests of the authority, but in no event
| 658 |
shall the property be sold for less than two-thirds of its
| 659 |
appraised value. Sale at public auction shall be undertaken only
| 660 |
after the board advertises the sale in a newspaper of general
| 661 |
circulation in the area of the jurisdiction of the authority for
| 662 |
at least two weeks prior to the date set for the sale. | 663 |
Sec. 5539.11. (A) A governmental agency may fund or assist in
| 664 |
funding a transportation project as set forth in this chapter
| 665 |
using the authority granted to any governmental agency
| 666 |
participating as a member of a transportation innovation
| 667 |
authority, but only to the extent such power is granted to the
| 668 |
governmental agency individually. Nothing in this section shall be
| 669 |
construed as permitting a transportation innovation authority or
| 670 |
granting such authority the right to levy any fee, assessment,
| 671 |
payment, or tax as a collective entity. | 672 |
(B) Projects identified by a transportation innovation
| 673 |
authority under this chapter may be funded through any combination
| 674 |
of revenue generated under the authority granted by this chapter
| 675 |
or under the authority granted to any governmental agency
| 676 |
participating as a member of an authority. Subject to the
| 677 |
following limitations, such funding sources may include special
| 678 |
fees and assessments levied by a governmental agency, fair share
| 679 |
payments, payments in lieu of property tax on improvements, cash
| 680 |
payments by private participants, dedicated portions of local
| 681 |
sales tax and local income tax receipts, loans or grants from
| 682 |
local, state, or federal sources, implementation of tolling
| 683 |
arrangements or other charges as authorized and governed by
| 684 |
section 5531.12 of the Revised Code, or any other revenue raising | 685 |
or tax incentive authority available to an authority or any | 686 |
governmental agency acting as a member of an authority: | 687 |
(1) A transportation innovation authority may participate in
| 688 |
the levy of special assessments by a governmental agency to assist
| 689 |
in the payment of costs for the construction, reconstruction,
| 690 |
alteration, repair, improvement, operation, or management of an
| 691 |
identified transportation project if the authority determines that
| 692 |
the project will benefit the geographic area where the project
| 693 |
will be constructed, reconstructed, altered, repaired, improved,
| 694 |
operated, or maintained. | 695 |
(2) When it is determined that a project will benefit both a
| 696 |
single political subdivision and the jurisdiction covered by an
| 697 |
authority as a whole, any governmental agency participating as a
| 698 |
member of a transportation innovation authority may exercise its
| 699 |
taxing authority on income, sales, or property under Title LVII of
| 700 |
the Revised Code, or provide for payments in lieu of property tax
| 701 |
on improvements, to benefit the entire jurisdiction covered by the
| 702 |
authority. | 703 |
(5) When it is determined that a project will benefit both a
| 711 |
single political subdivision and the jurisdiction covered by an
| 712 |
authority as a whole, each governmental agency participating as a
| 713 |
member of the authority may issue bonds for a portion of the cost
| 714 |
of any project if Chapter 133. of the Revised Code would authorize
| 715 |
the issuance of those bonds as if the governmental agency alone
| 716 |
were undertaking the project, subject to the same conditions and
| 717 |
restrictions. | 718 |
(8) An authority may charge tolls or fees for the use of its
| 728 |
transportation projects or facilities pursuant to section 5531.12 | 729 |
of the Revised Code. The authority may retain a portion of the | 730 |
fees charged as its administrative fee, provided the amount of the | 731 |
fee is reviewed and approved by the director of transportation on | 732 |
an annual basis. All other revenues shall be utilized to support | 733 |
construction, improvement, repair, maintenance, administration, | 734 |
and operation costs for transportation projects within the | 735 |
geographical jurisdiction of the authority. All projects for which | 736 |
a toll or fee is proposed to be charged shall be subject to the | 737 |
review and approval of the transportation review advisory council | 738 |
in accordance with Chapter 5512. of the Revised Code. | 739 |
(C) The exercise of the powers granted by this chapter is in | 740 |
all respects for the benefit of the people of the state, for the | 741 |
improvement of their safety, convenience, and welfare, and for the | 742 |
enhancement of their residential, agricultural, recreational, | 743 |
economic, commercial, and industrial opportunities and is a public | 744 |
purpose. As the operation and maintenance of transportation | 745 |
innovation projects constitute the performance of essential | 746 |
governmental functions, a transportation innovation authority | 747 |
shall not be required to pay any taxes or assessments upon any | 748 |
transportation innovation project, or upon any property acquired | 749 |
or used by the authority under this chapter, or upon the income | 750 |
therefrom. The transfer to or from the transportation innovation | 751 |
authority of title or possession of any transportation innovation | 752 |
project, part thereof, or item included or to be included in any | 753 |
such project, is not subject to the taxes levied pursuant to | 754 |
Chapters 5739. and 5741. of the Revised Code, and any bonds and | 755 |
notes, their transfer, and the income therefrom, including any | 756 |
gain made on the sale thereof, shall at all times be free from | 757 |
taxation within the state. | 758 |