130th Ohio General Assembly
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As Introduced

122nd General Assembly
Regular Session
1997-1998
H. B. No. 621

REPRESENTATIVES HAINES-HODGES-REID-SULZER-GARDNER-LOGAN- WESTON-VESPER-TAVARES-JONES-CATES-PADGETT-HARRIS- TERWILLEGER-KREBS-BENDER-CAREY-GRENDELL-HOOD- HOUSEHOLDER-METELSKY-SAWYER


A BILL
To amend sections 122.011, 166.03, and 901.63 and to enact sections 901.80 to 901.82 of the Revised Code and to amend Sections 47 and 47.15 of Am. Sub. H.B. 215 of the 122nd General Assembly to create the Family Farm Loan Program and the Family Farm Loan Fund in the Department of Agriculture to promote agricultural development, to terminate the provisions of this act on June 30, 1999, by repealing sections 901.80, 901.81, and 901.82 of the Revised Code on that date, and to make an appropriation.

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


Section 1. That sections 122.011, 166.03, and 901.63 be amended and sections 901.80, 901.81, and 901.82 of the Revised Code be enacted to read as follows:

Sec. 122.011. (A) The department of development shall develop and promote plans and programs designed to assure that state resources are efficiently used, economic growth is properly balanced, community growth is developed in an orderly manner, and local governments are coordinated with each other and the state, and for such purposes may do all of the following:

(1) Serve as a clearinghouse for information, data, and other materials that may be helpful or necessary to persons or local governments, as provided in section 122.07 of the Revised Code;

(2) Prepare and activate plans for the retention, development, expansion, and use of the resources and commerce of the state, as provided in section 122.04 of the Revised Code;

(3) Assist and cooperate with federal, state, and local governments and agencies of federal, state, and local governments in the coordination of programs to carry out the functions and duties of the department;

(4) Encourage and foster research and development activities, conduct studies related to the solution of community problems, and develop recommendations for administrative or legislative actions as provided in section 122.03 of the Revised Code;

(5) Serve as the economic and community development planning agency, which shall prepare and recommend plans and programs for the orderly growth and development of this state and which shall provide planning assistance, as provided in section 122.06 of the Revised Code;

(6) Cooperate with and provide technical assistance to state departments, political subdivisions, regional and local planning commissions, tourist associations, councils of government, community development groups, community action agencies and other appropriate organizations for carrying out the functions and duties of the department or for the solution of community problems.

(7) Coordinate the activities of state agencies that have an impact on carrying out the functions and duties of the department;

(8) Encourage and assist the efforts of and cooperate with local governments to develop mutual and cooperative solutions to their common problems that relate to carrying out the purposes of this section;

(9) Study existing structure, operations, financing of regional or local government and those state activities that involve significant relations with regional or local governmental units, recommend to the governor and to the general assembly such changes in these provisions and activities as will improve the operations of regional or local government, and conduct other studies of legal provisions that affect problems related to carrying out the purposes of this section;

(10) Appoint, with the approval of the governor, technical and other advisory councils as it considers appropriate, as provided in section 122.09 of the Revised Code;

(11) Create and operate a division of community development to develop and administer programs and activities that are authorized by federal statute or the Revised Code;

(12) UNTIL JUNE 30, 1999, DETERMINE, IN REGARD TO THE FAMILY FARM LOAN PROGRAM CREATED UNDER SECTIONS 901.80 TO 901.82 of the Revised Code, WHETHER EACH APPLICANT FOR FINANCIAL ASSISTANCE HAS THE ABILITY TO REPAY THE LOAN AND WHETHER THERE IS ADEQUATE SECURITY FOR THE LOAN. THE DIRECTOR OF DEVELOPMENT SHALL FORWARD THE DETERMINATIONS MADE UNDER DIVISION (A)(12) OF THIS SECTION, TOGETHER WITH A RECOMMENDATION WHETHER TO APPROVE THE APPLICATION FOR FINANCIAL ASSISTANCE, TO THE DIRECTOR OF AGRICULTURE.

(13) COLLECT LOAN REPAYMENTS FOR THE LOANS AND LOAN GUARANTEES PROVIDED UNDER SECTION 901.80 of the Revised Code AS SUCH SECTION EXISTED PRIOR TO JUNE 30, 1999.

(B) The department shall, by rule, establish criteria defining nonprofit corporations that are eligible for appointment as qualified agents pursuant to sections 135.81 to 135.88 of the Revised Code. The criteria shall require that a corporation be organized pursuant to Chapter 1702. of the Revised Code and have as its primary purpose the promotion of economic development or the creation or retention of jobs and job opportunities. The criteria may include a specification as to the professional qualifications of the corporation employees, a minimum elapsed period of time since the corporation was organized, current and former activities of the corporation, and such other criteria reasonably related to the foregoing that relate to the ability of the corporation to act as a qualified agent for the purposes of sections 135.51 to 135.88 of the Revised Code.

(C) The director of development may request the attorney general to, and the attorney general shall in accordance with section 109.02 of the Revised Code, bring a civil action in any court of competent jurisdiction. The director may be sued in the director's official capacity, in connection with this chapter, in accordance with Chapter 2743. of the Revised Code.

Sec. 166.03. (A) There is hereby created the facilities establishment fund within the state treasury, consisting of proceeds from the issuance of obligations as specified under section 166.08 of the Revised Code; the moneys received by the state from the sources specified in section 166.09 of the Revised Code; service charges imposed under sections 166.06 and 166.07 of the Revised Code; any grants, gifts, or contributions of moneys received by the director of development to be used for loans made under section 166.07 of the Revised Code or for the payment of the allowable costs of project facilities; and all other moneys appropriated or transferred to the fund. Moneys in the loan guarantee fund in excess of four per cent of the unpaid principal amount of loan repayments guaranteed under section 166.06 of the Revised Code, but subject to the provisions and requirements of any guarantee contracts, may be transferred to the facilities establishment fund by the treasurer of state upon the order of the director of development. Moneys received by the state under Chapter 122. of the Revised Code, to the extent allocable to the utilization of moneys derived from proceeds of the sale of obligations pursuant to section 166.08 of the Revised Code, shall be credited to the facilities establishment fund.

(B) All moneys appropriated or transferred to the facilities establishment fund may be released at the request of the director for payment of allowable costs or the making of loans under this chapter, for transfer to the loan guarantee fund established in section 166.06 of the Revised Code, or for use for the purpose of or transfer to the funds established by sections 122.35, 122.42, 122.54, 122.55, 122.56, 122.561, 122.57, and 122.80, and until January 1, 1999, section 122.26, AND UNTIL JUNE 30, 1999, SECTION 901.82 of the Revised Code, but only for such of those purposes as are within the authorization of Section 13 of Article VIII, Ohio Constitution, in all cases subject to the approval of the controlling board.

(C) Moneys transferred to the facilities establishment fund under section 3734.82 of the Revised Code shall be used exclusively for eligible projects that recover or recycle energy from scrap tires, as "scrap tires" is defined in section 3734.01 of the Revised Code, for any of the following purposes:

(1) Making loans under this chapter;

(2) Making grants;

(3) Providing other incentives, including, without limitation, entering into contracts with private entities to conduct environmental studies or tests for eligible projects that propose to recover energy from scrap tires.

The director shall adopt rules under division (B)(9) of section 166.02 of the Revised Code for the purpose of administering this division.

(D) The department of development, in the administration of the facilities establishment fund, is encouraged to utilize and promote the utilization of, to the maximum practicable extent, the other existing programs, business incentives, and tax incentives that department is required or authorized to administer or supervise.

Sec. 901.63. (A) The agricultural financing commission SHALL DO BOTH OF THE FOLLOWING UNTIL JUNE 30, 1999:

(1) MAKE RECOMMENDATIONS TO THE DIRECTOR OF AGRICULTURE ABOUT FINANCIAL ASSISTANCE APPLICATIONS MADE PURSUANT TO SECTIONS 901.80 TO 901.82 of the Revised Code. THE COMMISSION MAY REVISE ITS RECOMMENDATIONS TO REFLECT ANY CHANGES IN THE PROPOSED ASSISTANCE MADE BY THE DIRECTOR.

(2) ADVISE THE DIRECTOR IN THE ADMINISTRATION OF SECTIONS 901.80 TO 901.82 of the Revised Code.

(B) THE COMMISSION may:

(A)(1) Adopt bylaws for the conduct of its business;

(B)(2) Exercise all rights, powers, and duties conferred on the commission as an issuer under Chapter 902. of the Revised Code;

(C)(3) Contract with, retain, or designate financial consultants, accountants, and such other consultants and independent contractors as the commission may determine to be necessary or appropriate to carry out the purposes of this chapter and to fix the terms thereof OF THOSE CONTRACTS;

(D)(4) Undertake and carry out or authorize the completion of studies and analyses of agricultural conditions and needs within the state relevant to the purpose of this chapter to the extent not otherwise undertaken by other departments or agencies of the state satisfactory for such purpose;

(E)(5) Acquire by gift, purchase, foreclosure, or other means, and hold, assign, pledge, lease, transfer, or otherwise dispose of real and personal property, or any interest therein IN THAT REAL AND PERSONAL PROPERTY, in the exercise of its powers and the performance of its duties under this chapter and Chapter 902. of the Revised Code;

(F)(6) Receive and accept gifts, grants, loans, or any other financial or other form of aid from any federal, state, local, or private agency or fund and enter into any contract with any such agency or fund in connection therewith, and receive and accept aid or contributions from any other source of money, property, labor or things of value, to be held, used, and applied only for the purposes for which such grants and contributions are made, all within the purposes of this chapter and Chapter 902. of the Revised Code;

(G)(7) Sue and be sued in its own name with respect to its contracts or to enforce this chapter or its obligations or covenants made under this chapter and Chapter 902. of the Revised Code;

(H)(8) Make and enter into all contracts, commitments, and agreements, and execute all instruments necessary or incidental to the performance of its duties and the execution of its powers under this chapter and Chapter 902. of the Revised Code;

(I)(9) Adopt an official seal;

(J)(10) Do any and all things necessary or appropriate to carry out the public purposes and exercise the powers granted to the commission in this chapter and Chapter 902. of the Revised Code and the public purposes of Section 13 of Article VIII, Ohio Constitution.

Sec. 901.80. TO PROMOTE ECONOMIC OPPORTUNITY FOR PERSONS WHO DESIRE TO ENGAGE IN AGRICULTURAL PRODUCTION, TO ENHANCE THE ECONOMIC VIABILITY OF THE STATE'S AGRICULTURAL AREAS, TO HELP PROVIDE THE STATE'S AGRIBUSINESSES WITH THE FARM PRODUCTS NECESSARY FOR THEIR OPERATIONS, AND TO IMPROVE THE ECONOMIC WELFARE OF THE PEOPLE OF THE STATE, THE DIRECTOR OF AGRICULTURAL SHALL ADMINISTER THE FAMILY FARM LOAN PROGRAM, WHICH IS HEREBY ESTABLISHED IN ACCORDANCE WITH SECTION 13 OF ARTICLE VIII, OHIO CONSTITUTION, TO ASSIST ELIGIBLE APPLICANTS BY PROVIDING FINANCIAL ASSISTANCE IN THE FORM OF LOANS AND LOAN GUARANTEES FOR LAND ACQUISITION; CONSTRUCTING, RECONSTRUCTING, REHABILITATING, REMODELING, RENOVATING, ENLARGING, OR IMPROVING AGRICULTURAL BUILDINGS; AND ACQUIRING MACHINERY AND EQUIPMENT.

AN ELIGIBLE APPLICANT RECEIVING ASSISTANCE UNDER THE FAMILY FARM LOAN PROGRAM IS NOT PRECLUDED FROM FURTHER PARTICIPATION IN THIS OR ANY OTHER DEPARTMENT OF AGRICULTURE FINANCIAL PROGRAM.

Sec. 901.81. (A) IN ADMINISTERING THE PROGRAM ESTABLISHED UNDER SECTION 901.80 OF THE REVISED CODE, THE DIRECTOR OF AGRICULTURE SHALL DO ALL OF THE FOLLOWING:

(1) RECEIVE APPLICATIONS FOR FINANCIAL ASSISTANCE, AND, AFTER PROCESSING, FORWARD THEM TO THE AGRICULTURAL FINANCING COMMISSION TOGETHER WITH NECESSARY SUPPORTING INFORMATION;

(2) RECEIVE THE RECOMMENDATIONS OF THE COMMISSION MADE UNDER DIVISION (A)(1) OF SECTION 901.63 of the Revised Code AND THE RECOMMENDATIONS OF THE DIRECTOR OF DEVELOPMENT MADE UNDER DIVISION (A)(12)(a) OF SECTION 122.011 OF THE REVISEDCODE AND MAKE A FINAL DETERMINATION WHETHER TO APPROVE THE APPLICATION FOR FINANCIAL ASSISTANCE;

(3) TRANSMIT THE DIRECTOR'S DETERMINATIONS TO APPROVE ASSISTANCE TO THE CONTROLLING BOARD TOGETHER WITH ANY INFORMATION THE CONTROLLING BOARD REQUIRES FOR ITS REVIEW AND ITS DECISION WHETHER TO APPROVE THE RELEASE OF MONEY FOR THE FINANCIAL ASSISTANCE, INCLUDING THE DETERMINATION MADE BY THE DEPARTMENT OF DEVELOPMENT UNDER DIVISION (A)(12)(a) OF SECTION 122.011 OF THE REVISEDCODE;

(4) WORK IN CONJUNCTION WITH CONVENTIONAL LENDING INSTITUTIONS AND OTHER PRIVATE AND PUBLIC FINANCING SOURCES TO PROVIDE LOANS OR LOAN GUARANTEES TO ELIGIBLE APPLICANTS;

(5) ESTABLISH FEES, CHARGES, INTEREST RATES, PAYMENT SCHEDULES, LOAN TRANSFER PROVISIONS, PENALTIES, INCLUDING PENALTIES FOR THE CONVERSION OF LAND DEVOTED EXCLUSIVELY TO AGRICULTURAL USE, AND OTHER TERMS AND CONDITIONS FOR LOANS AND LOAN GUARANTEES PROVIDED UNDER THE LOAN PROGRAM CREATED BY SECTION 901.80 OF THE REVISEDCODE;

(6) REQUIRE EACH APPLICANT TO DO BOTH OF THE FOLLOWING:

(a) DEMONSTRATE THAT THERE ARE NO ZONING RESTRICTIONS, ENVIRONMENTAL REGULATIONS, OR OTHER IMPAIRMENTS TO THE USE OF THE LAND FOR THE PURPOSE INTENDED;

(b) PROVIDE A FARM BUSINESS PLAN, INCLUDING AN OVERVIEW OF THE TYPE OF AGRICULTURAL OPERATION THE APPLICANT ANTICIPATES CONDUCTING, AND A MANAGEMENT STRATEGY FOR THE PROJECT.

(7) INFORM AGRICULTURAL ORGANIZATIONS AND OTHERS IN THE STATE OF THE EXISTENCE OF THE PROGRAM ESTABLISHED UNDER SECTION 901.80 of the Revised Code AND OF THE FINANCIAL ASSISTANCE AVAILABLE UNDER THE PROGRAM;

(8) REPORT TO THE GOVERNOR, PRESIDENT OF THE SENATE, SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND MINORITY LEADERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES BY THE THIRTIETH DAY OF JUNE OF EACH YEAR ON THE ACTIVITIES CARRIED OUT UNDER THE PROGRAM DURING THE PRECEDING CALENDAR YEAR. THE REPORT SHALL INCLUDE THE NUMBER OF LOANS MADE THAT YEAR, THE AMOUNT OF EACH LOAN, THE COUNTY IN WHICH THE LOAN RECIPIENT'S FARM IS LOCATED, AND WHATEVER OTHER INFORMATION THE DIRECTOR DETERMINES IS RELEVANT TO INCLUDE.

(9) ADOPT RULES IN ACCORDANCE WITH CHAPTER119.OF THE REVISEDCODE ESTABLISHING ALL OF THE FOLLOWING WITH REGARD TO THE PROGRAM:

(a) FORMS AND PROCEDURES BY WHICH ELIGIBLE APPLICANTS MAY APPLY FOR ASSISTANCE;

(b) CRITERIA FOR REVIEWING, EVALUATING, AND RANKING APPLICATIONS, AND FOR APPROVING APPLICATIONS THAT BEST SERVE THE GOALS OF THE PROGRAM;

(c) REPORTING REQUIREMENTS AND MONITORING PROCEDURES;

(d) ANY OTHER RULES NECESSARY TO IMPLEMENT AND ADMINISTER THE PROGRAM.

(B) IN ORDER TO BE ELIGIBLE FOR FINANCIAL ASSISTANCE UNDER SECTION 901.80OF THE REVISEDCODE, AN APPLICANT SHALL DEMONSTRATE ALL OF THE FOLLOWING:

(1) THAT THE APPLICANT IS DOMICILED IN THIS STATE;

(2) THAT THE APPLICANT IS UNABLE TO OBTAIN REASONABLE FINANCING FROM COMMERCIAL OR AGRICULTURAL LENDING SOURCES;

(3) THAT THE APPLICANT HAS THE ABILITY TO REPAY THE LOAN, PRIMARILY FROM THE CASH FLOW OF THE PROPOSED FARMING OPERATION, AND THAT THERE IS ADEQUATE SECURITY FOR THE LOAN;

(4) THAT THE APPLICANT HAS SUFFICIENT EDUCATION, TRAINING, OR EXPERIENCE IN THE TYPE OF FARMING FOR WHICH THE APPLICANT REQUESTS THE LOAN OR LOAN GUARANTEE.

Sec. 901.82. THE FAMILY FARM LOAN FUND IS HEREBY CREATED IN THE STATE TREASURY FOR THE PURPOSES OF THE PROGRAM ESTABLISHED UNDER SECTION 901.80 of the Revised Code. THE DIRECTOR OF AGRICULTURE SHALL DEPOSIT MONEY RECEIVED FOR THOSE PURPOSES TO THE CREDIT OF THE FUND. THE AMOUNT OF THE FUND SHALL NOT EXCEED FIVE MILLION DOLLARS.


Section 2. That existing sections 122.011, 166.03, and 901.63 of the Revised Code are hereby repealed.


Section 3. Sections 901.80, 901.81, and 901.82 of the Revised Code are hereby repealed, effective June 30, 1999.


Section 4. That Sections 47 and 47.15 of Am. Sub. H.B. 215 of the 122nd General Assembly be amended to read as follows:

"Sec. 47. DEV DEPARTMENT OF DEVELOPMENT

General Revenue Fund
GRF195-100Personal Services$2,595,000$2,595,000
GRF195-200Maintenance$625,000$625,000
GRF195-300Equipment$115,000$115,000
GRF195-401Thomas Edison Program$23,250,000$23,696,875
GRF195-404Small Business Development$2,360,000$2,360,000
GRF195-405Minority Business Development Division$2,058,000$2,058,000
GRF195-406Transitional and Permanent Housing$2,859,900$2,864,847
GRF195-407Travel and Tourism$6,450,000$6,450,000
GRF195-408Coal Research Development$570,000$582,699
GRF195-410Defense Conversion Assistance Program$1,100,000$2,350,000
GRF195-411Minority Development Financing Advisory Board$347,760$356,454
GRF195-412Business Development$11,000,000$11,500,000
GRF195-414First Frontier Match$500,000$500,000
GRF195-415Regional Offices and Economic Development$6,663,160$6,718,894
GRF195-416Governor's Office of Appalachia$654,000$654,000
GRF195-417Urban/Rural Initiative Grant Program$10,000,000$4,000,000
GRF195-422Technology Action$1,000,000$2,000,000
GRF195-423Miami Valley Center for Information Technologies$350,000$650,000
GRF195-431Community Development Corporation Grants$2,500,000$2,600,000
GRF195-432International Trade$5,300,000$5,400,000
GRF195-434Industrial Training$9,937,923$9,600,469
GRF195-436Labor/Management Cooperation$1,200,000$1,200,000
GRF195-440Emergency Shelter Housing Grants$3,014,800$3,017,674
GRF195-441Low and Moderate Income Housing$8,000,000$8,000,000
GRF195-497State Match - Community Development Block Grant$1,160,000$1,160,000
GRF195-498State Energy Match$100,000$150,000
GRF195-501Appalachian Local Development Districts$443,500$443,500
GRF195-502Appalachian Regional Commission$160,000$160,000
GRF195-507Travel & Tourism Grants$1,550,000$1,300,000
TOTAL GRF General Revenue Fund$105,864,043$103,108,412

General Services Fund Group
135195-605Supportive Services$6,749,805$6,918,701
442195-606Merchandise for Resale$3,000$3,000
685195-636General Reimbursement$1,061,025$1,078,948
TOTAL GSF General Services Fund    
Group$7,813,830$8,000,649

Federal Special Revenue Fund Group
308195-602Appalachian Regional Commission$650,000$650,000
308195-603Housing and Urban Development$31,837,225$32,631,507
308195-605Federal Projects$7,871,000$7,871,000
308195-609Federal Projects Small Business$7,500,000$7,500,000
3K9195-611Home Energy Assistance Block Grant$59,417,200$59,492,628
3L0195-612Community Services Block Grant$16,715,539$17,133,177
3K8195-613Community Development Block Grant$65,000,000$65,000,000
3K9195-614HEAP Weatherization$10,413,818$10,420,948
308195-616Technology Programs$500,000$500,000
308195-618Energy Federal Grants$1,753,019$1,796,126
308195-642International Trade Promotion$200,000$0
335195-610Oil Overcharge$8,500,000$8,500,000
380195-622Housing Development$2,584,607$2,634,097
TOTAL FED Federal Special Revenue    
Fund Group$212,942,408$214,129,483

State Special Revenue Fund Group
4F2195-639State Special Projects$1,821,569$1,510,913
4G9195-633Travel and Tourism Marketing$100,000$100,000
4H4195-641First Frontier$1,000,000$1,000,000
4S0195-630Enterprise Zone Operating$275,000$282,000
4S1195-634Job Creation Tax Credit Operating$225,000$235,000
4W1195-646Minority Business Enterprise Loan$3,800,000$3,800,000
444195-607Water and Sewer$2,300,000$2,300,000
445195-617Housing Finance Agency$2,950,000$3,022,551
450195-624Minority Business Bonding Program Administration$132,381$135,690
451195-625Economic Development Financing Operating$1,998,433$2,036,868
611195-631Water and Sewer Administration$44,000$45,000
646195-638Low and Moderate Income Housing Trust Fund$18,500,000$20,500,000
TOTAL SSR State Special Revenue    
Fund Group$33,146,383$34,968,022

Facilities Establishment Fund 5H1195-652FAMILY FARM LOAN
037195-615Facilities Establishment$62,500,000$52,500,000
4Z6195-647Rural Industrial Park Loan$5,000,000$5,000,000
 2,500,000 2,500,000
5D1195-649Port Authority Bond Reserves$2,500,000$2,500,000
5D2195-650Urban Redevelopment Loans$10,000,000$20,000,000
$2,500,000$2,500,000
TOTAL 037 Facilities    
Establishment Fund$80,000,000$80,000,000

Coal Research/Development Fund
046195-632Coal Research and Development Fund$12,000,000$12,000,000
TOTAL 046 Coal Research/    
Development Fund$12,000,000$12,000,000
TOTAL ALL BUDGET FUND GROUPS$451,766,664$452,206,566

Sec. 47.15. Facilities Establishment Fund

The foregoing appropriation item 195-615, Facilities Establishment Fund (Fund 037), shall be used for the purposes of the Facilities Establishment Fund under Chapter 166. of the Revised Code.

Notwithstanding Chapter 166. of the Revised Code, up to $1,600,000 may be transferred each fiscal year from the Facilities Establishment Fund (Fund 037) to the Economic Development Financing Operating Fund (Fund 451). The transfer is subject to Controlling Board approval pursuant to division (B) of section 166.03 of the Revised Code. The transfer shall be made using an intrastate transfer voucher.

Notwithstanding Chapter 166. of the Revised Code, up to $3,800,000 may be transferred in each fiscal year of the biennium from the Facilities Establishment Fund (Fund 037) to the Minority Business Enterprise Loan (Fund 4W1). The transfer is subject to Controlling Board approval pursuant to division (B) of section 166.03 of the Revised Code. The transfer shall be made using an intrastate transfer voucher.

Notwithstanding Chapter 166. of the Revised Code, up to $5,000,000 cash may be transferred during the biennium from the Facilities Establishment Fund (Fund 037) to the Port Authority Bond Reserves Fund (Fund 5D1) for use by any port authority in establishing or supplementing bond reserve funds for any bond issuance permitted under Chapter 4582. of the Revised Code. The Director of Development shall develop program guidelines for the transfer and release of funds, including, but not limited to, a provision that no port authority shall receive more than $2,000,000. The transfer and release of funds are subject to Controlling Board approval. The transfer shall be made using an intrastate transfer voucher. Of the foregoing appropriation item 195-649, Port Authority Bond Reserves, $2,000,000 over the biennium, subject to Controlling Board approval, shall go to the Cleveland Port Authority to establish or supplement bond reserves per the guidelines set forth by the director of development.

Notwithstanding Chapter 166. of the Revised Code, up to $30,000,000 cash may be transferred during the biennium from the Facilities Establishment Fund (Fund 037) to the Urban Redevelopment Loan Fund (Fund 5D2) for the purpose of removing barriers to urban core redevelopment. The Director of Development shall develop program guidelines for the transfer and release of funds, including, but not limited to, the completion of all appropriate environmental assessments before state assistance is committed to a project. The transfer and release of funds are subject to Controlling Board approval. The transfer shall be made using an intrastate transfer voucher.

_FAMILY _FARM _LOAN _PROGRAM

NOTWITHSTANDING CHAPTER 166. of the Revised Code, UP TO $2.5 MILLION IN EACH FISCAL YEAR SHALL BE TRANSFERRED FROM THE RURAL INDUSTRIAL PARK LOAN FUND (FUND 4Z6) TO THE FAMILY FARM LOAN FUND (FUND 5H1) IN THE DEPARTMENT OF DEVELOPMENT. THE TRANSFER IS SUBJECT TO CONTROLLING BOARD APPROVAL. THE TRANSFER SHALL BE MADE USING AN INTRASTATE TRANSFER VOUCHER.

LOANS FROM THE FAMILY FARM LOAN FUND WILL BE REPAID TO FUND 5H1. THIS FUND IS ESTABLISHED IN ACCORDANCE WITH SECTIONS 901.80, 901.81, AND 901.82 of the Revised Code.

AT THE RECOMMENDATION OF THE DIRECTOR OF DEVELOPMENT, THE DIRECTOR OF BUDGET AND MANAGEMENT SHALL TRANSFER UP TO $5 MILLION, PLUS INTEREST CHARGES AND OTHER FEES IF DEEMED APPROPRIATE, FROM FUND 5H1, FAMILY FARM LOAN FUND, TO THE FACILITIES ESTABLISHMENT FUND (FUND 037).

WHEN THE FAMILY FARM LOAN FUND (FUND 5H1) CEASES TO EXIST, ALL LOAN REPAYMENTS AND ANY OTHER OUTSTANDING OBLIGATIONS SHALL BE PAID TO THE FACILITIES ESTABLISHMENT FUND (FUND 037)."


Section 5. That existing Sections 47 and 47.15 of Am. Sub. H.B. 215 of the 122nd General Assembly are hereby repealed.


Section 6. The codified and uncodified sections of law contained in this act are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d, and section 1.471 of the Revised Code, these codified and uncodified sections go into immediate effect when this act becomes law.
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