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(124th General Assembly)
(Substitute House Bill Number 385)
AN ACT
To amend sections 122.651, 122.657, 122.658, 151.01,
164.22, 164.23, 901.22,
and 5301.691 of the
Revised
Code, and to amend Sections 4, 6, and 7 of Am.
Sub.
H.B. 3 of the 124th General Assembly to revise the
procedures to be followed by park districts when
applying for natural resources and parks and
recreation grants, to create a revolving loan fund
for repayments of loans made from the Clean Ohio
Revitalization Fund, to
provide that the
Department of Agriculture is a coholder of and
may
share in enforcing local Clean Ohio Agricultural
Easement Fund
easements, and to make an
appropriation.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 122.651, 122.657, 122.658, 151.01,
164.22, 164.23, 901.22,
and 5301.691 of the Revised Code be
amended to read as follows:
Sec. 122.651. (A) There is hereby created the clean Ohio
council consisting of the director of development or the
director's designee, the director of
environmental protection or
the director's designee, the director of the Ohio public works
commission as a nonvoting, ex officio member, one member of the
majority party of the
senate and one member of the minority party
of the senate to be
appointed by the
president of the senate, one
member of the
majority party of the house of
representatives and
one member of
the minority party of the house of representatives
to be appointed
by the speaker of the house of
representatives,
and seven members
to be appointed by the governor
with the advice
and consent of the
senate. Of the members
appointed by the
governor, one shall
represent the interests of
counties, one shall
represent the
interests of townships, one
shall represent the
interests of
municipal corporations, two
shall represent the
interests of
business and development, and two
shall represent
statewide
environmental advocacy organizations. The members
appointed by
the governor shall reflect the demographic and
economic diversity
of the population of the state. Additionally,
the governor's
appointments shall represent all areas of the
state.
All
appointments to the council shall be made not later
than one hundred twenty
days after
the effective date of this
section
July 26, 2001. (B) The members appointed by the president of the senate
and
speaker of
the
house of representatives shall serve at the
pleasure of
their
appointing authorities. Of the initial members
appointed by
the
governor to the clean Ohio council, four shall be
appointed
for
two years and three shall be appointed for one year.
Thereafter,
terms of office for members appointed by the governor
shall be for
two years, with each term ending on the same day of
the same month
as did the term that it succeeds. Each of those
members shall
hold office from the date of appointment until the
end of the term
for which the member is appointed. Members may be reappointed. Vacancies shall be filled in the
same manner as provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date
of the term for which the member was appointed shall hold office
for the remainder of that term. A member shall continue in office
after the expiration date of the member's term until the member's
successor takes office or until a period of sixty days has
elapsed, whichever occurs first. The governor may remove a member
appointed by the governor for misfeasance, nonfeasance, or
malfeasance in office. (C) The director of development shall serve as the
chairperson of the clean Ohio council. The council annually shall
select from among its members a vice-chairperson and a secretary
to keep a record of its proceedings. A majority vote of a quorum
of the
members of the council is necessary to take action on any
matter.
The council may adopt bylaws governing its operation,
including
bylaws that establish the frequency of meetings,
procedures for
reviewing eligible projects under sections 122.65
to 122.658 of the
Revised Code and policies and requirements
established under section
122.657 of the Revised
Code, and other
necessary procedures. (D)
Members of the clean Ohio council shall be deemed to be
public officials or officers only for the purposes of section 9.86
and Chapters 102. and 2921. of the Revised Code. Serving as a
member of the clean Ohio council does not
constitute holding a
public office or position of employment
under
the laws of this
state and does not
so as to constitute grounds for removal
of
public officers or employees
serving as members of the council
from their offices or positions of
employment.
Members of the
council shall file with the Ohio ethics commission the disclosure
statement described in division (A) of section 102.02 of the
Revised Code on the form prescribed by the commission and be
subject to divisions (C) and (D) of that section. Members of the
council shall serve without
compensation for attending council
meetings
but shall receive their actual and necessary traveling
and other expenses incurred in the performance of their official
duties in accordance with the rules of the office of budget and
management. (E) Members appointed by the governor
shall
to represent the
interests of counties, townships, and municipal corporations do
not have a
conflict of interest
with
by virtue of their service in
the position. For the purposes of this
division, "conflict of
interest" means the taking of any action
that violates any
provision of Chapter 102. or 2921. of the
Revised Code
as a member
of the council that affects a public agency the person serves as
an officer or employee. (F) The department of development shall provide office space
for the council. The council shall be assisted in its duties by
the staff of the department of development and the environmental
protection agency. (G) Sections 101.82
to 101.87 of the Revised Code do not
apply to the clean Ohio council. Sec. 122.657. For the purposes of sections
122.65 to
122.658
of the Revised Code, the director of development shall
establish
policies and requirements regarding all
of the following: (A) The form and content of applications for grants or loans
from the
clean Ohio revitalization fund under section 122.652 of
the
Revised
Code. The policies and requirements shall require
that
each
application
include, at a
minimum, all of the following: (1) The name, address, and telephone number of the applicant; (2) The legal description of the property for which the grant
or loan
is requested; (3) A summary description of the hazardous substances or
petroleum present at the brownfield and a certified copy of the
results of
an assessment; (4) A detailed explanation of the proposed cleanup or
remediation of the brownfield, including an identification of the
applicable cleanup standards, and a detailed description of the
proposed use of the brownfield after completion of the cleanup or
remediation; (5) An estimate of the total cost to clean up or remediate
the brownfield in order to comply with the applicable cleanup
standards. The total cost shall include the cost of employing a
certified professional under section 122.654 of the Revised Code. (6) A detailed explanation of the portion of the estimated
total cost of the cleanup or remediation of the brownfield that
the applicant proposes to provide as required under sections
122.653 and 122.658 of the Revised Code and financial records
supporting the proposal; (7) A certified copy of a resolution or ordinance approving
the project that the applicant shall obtain from the board of
township trustees of the township or the legislative authority of
the municipal corporation in which the property is located,
whichever is applicable; (8) A description of the estimated economic benefit that will
result from a cleanup or remediation of the brownfield; (9) An application summary for purposes of review by an
integrating committee or, if applicable, the executive committee
of an integrating committee under division (B) of section 122.652
of the
Revised Code; (10) With respect to applications for loans, information
demonstrating that the applicant will implement a financial
management plan that includes, without limitation, provisions for
the satisfactory repayment of the loan; (11) Any other provisions that the director determines
should
be
included in an application.
(B) Procedures for conducting public meetings and providing
public notice under division (A) of section 122.652 of the Revised
Code; (C) Criteria to be used by integrating committees or, if
required under division (C) of section 122.652 of the Revised
Code, executive committees of integrating committees when
prioritizing projects under division (B) of section 122.652 of the
Revised Code. The policies and requirements also shall establish
procedures that
integrating committees or, if required under
division (C) of section 122.652 of the Revised Code,
executive
committees of integrating committees shall use in
applying the
criteria. (D) A selection process that provides for the prioritization
of brownfield cleanup or remediation projects for which grant or
loan
applications are submitted under section 122.652 of the
Revised
Code. The policies and requirements shall require the
selection
process to give
priority to projects in which the
post-cleanup or
remediation use
will be for a combination of
residential,
commercial, or industrial purposes, which may include
the
conversion of a portion of a brownfield to a recreation, park,
or
natural area that is integrated with the residential,
commercial,
or industrial use of the brownfield after cleanup or
remediation,
or will incorporate projects that are funded by
grants awarded
under sections 164.20 to 164.27 of the Revised
Code. The policies
and requirements shall
require the selection
process to
incorporate and emphasize all of
the following factors: (1) The potential economic benefit that will result from the
cleanup or remediation of a brownfield; (2) The potential environmental improvement that will result
from the cleanup or remediation of a brownfield; (3) The amount and nature of the match provided by an
applicant as required under sections 122.653 and 122.658 of the
Revised Code; (4) Funding priorities recommended by integrating committees
or, if required under division (C) of section 122.652 of the
Revised Code, executive committees of integrating committees
under
division (B) of section 122.652 of the Revised
Code; (5) The potential benefit to low-income communities,
including minority communities, that will result from the cleanup
or remediation of a brownfield; (6) Any other factors that the director considers
appropriate. (E) The development of criteria that the
director shall use
when awarding grants under
section 122.656
of the Revised Code.
The criteria shall give priority to public health projects. In
addition, the director, in consultation with the director of
environmental protection, shall establish policies and
requirements that require the criteria to include a public health
project selection process that
incorporates and emphasizes all of
the following factors:
(1) The potential environmental improvement that will
result
from the cleanup or remediation;
(2) The ability of an applicant to access the property for
purposes of the cleanup or remediation;
(3) The name and qualifications of the cleanup or
remediation contractor;
(4) Any other factors that the director of development
considers appropriate.
The director of development may develop any other policies
and requirements that the director determines are necessary for
the administration of section 122.656 of the Revised Code.
(F) The development of a brownfield cleanup and remediation
oversight program to ensure compliance with sections 122.65 to
122.658 of the Revised Code and policies and requirements
established under this section.
The policies and requirements
shall require the program to include, at a minimum, both
of the
following: (1) Procedures for the accounting of invoices and receipts
and any other documents that are necessary to demonstrate that a
cleanup or remediation was properly performed; (2) Procedures that
are necessary to provide a detailed
explanation of the status of
the property five years after the
completed cleanup or
remediation. (G) A delineation of what constitutes administrative costs
for purposes of divisions
(C)(D) and
(E)(F) of section 122.658 of
the
Revised Code; (H) Procedures and requirements for making loans and loan
agreements that include at least all of the following: (1) Not more than fifteen per cent of moneys annually
allocated to the clean Ohio revitalization fund shall be used for
loans. (2) The loans shall be made at or below market rates of
interest, including, without limitation, interest-free loans. (3) The recipient of a loan shall identify a
source of
security and a source of repayment of the loan. (4) All payments of principal and interest on a loan shall
be deposited in the state treasury and credited to the clean Ohio
revitalization
revolving loan fund. (5) The clean Ohio council may accept notes and other forms
of obligation to evidence indebtedness, accept mortgages, liens,
pledges, assignments, and other security interests to secure such
indebtedness, and take any actions that are considered by the
council to be appropriate to protect such security and safeguard
against losses, including, without limitation, foreclosure and
bidding on the purchase of property upon foreclosure or other
sale. (I)
Any other policies and requirements that the director
determines are necessary for the administration of sections 122.65
to 122.658 of the Revised Code.
Sec. 122.658. (A) The clean Ohio revitalization fund is
hereby
created in the state treasury. The fund shall consist of
moneys
credited to it pursuant to section 151.40 of the Revised
Code
and of payments of principal and interest on loans that are
made from the fund in accordance with policies and requirements
established under section 122.657 of the Revised Code. Moneys in
the fund
shall be used to make grants or loans for projects that
have been
approved
by the clean Ohio council in accordance with
section
122.653 of
the
Revised Code, except that the council
annually
shall devote
twenty per cent of the net proceeds of
obligations deposited in the clean
Ohio
revitalization fund for
the purposes of
section 122.656 of the Revised Code. Moneys in the clean Ohio revitalization fund may be used to
pay
reasonable
costs incurred by the department of development and
the environmental protection agency in administering
sections
122.65 to
122.658 of the Revised Code. All investment
earnings of
the fund
shall be credited to the fund. For two years after
the
effective date of this section
July 26, 2001, investment
earnings
credited to
the clean Ohio revitalization fund may be used to pay
costs
incurred by the department
of
development and the
environmental
protection agency pursuant to
sections 122.65 to
122.658 of the
Revised Code. The department of
development
shall administer the clean Ohio
revitalization fund in
accordance with this
section, policies and
requirements established
under section 122.657
of the Revised
Code,
and the terms of
agreements entered into by
the council
under
section 122.653 of
the
Revised Code. (B) Grants awarded and loans made under section 122.653 of
the Revised Code
shall provide not more than seventy-five per cent
of the estimated
total cost of a project. A grant or loan to any
one project shall not
exceed three million dollars. An applicant
shall provide at least
twenty-five per cent of the estimated total
cost of a project. The
applicant's share may consist of one or a
combination of any of
the following: (1) Payment of the cost of acquiring the property for the
purposes of sections 122.65 to 122.658
of the Revised Code; (2) Payment of the reasonable cost of an assessment at the
property; (3) The reasonable value, as determined by the council, of
labor and materials that will be contributed by the applicant in
performing the cleanup or remediation; (4) Moneys received by the applicant in any form for use in
performing the cleanup or remediation; (5) Loans secured by the applicant for the purpose of the
cleanup or remediation of the brownfield.
Costs that were incurred more than two years prior to the
submission of an application to the clean Ohio council for the
acquisition of property, assessments, and labor and materials
shall not be used as part of the applicant's matching share. (C) The department of development shall not make any payment
to an applicant from the clean Ohio revitalization fund to pay
costs of the applicant that were not included in an application
for a grant or loan under section 122.653 of the Revised Code or
that
exceed the amount of the estimated total cost of the project
included in the application. If, upon completion of a project,
the costs of the project are less than the amounts included in the
application, the amounts included in the application less the
amounts of the actual costs of the project shall be credited to
the clean Ohio revitalization fund. However, the amounts credited
shall be equivalent in percentage to the percentage of the costs
of the project that were to be funded by the grant or loan from
the fund. (D) Grants awarded or loans made under section 122.653 of
the Revised
Code from the clean Ohio revitalization fund shall be
used by an
applicant only to pay the costs of the actual cleanup
or
remediation of a brownfield and shall not be used by an
applicant
to pay any administrative costs incurred by the
applicant. Costs
related to the use of a certified professional
for purposes of
section 122.654 of the Revised Code are not
administrative costs
and may be paid with moneys from grants
awarded or loans made under section
122.653 of the Revised Code. (E)
The portion of net proceeds of obligations devoted
under division
(A) of this section for the purposes of section
122.656 of the Revised Code shall be used to make
grants for
assessments, cleanup or remediation of brownfields, and
public
health projects that have been approved by the director
of
development under that section. The
department of development
shall
administer section 122.656 of the Revised Code in
accordance
with
this section, policies and requirements
established under
section
122.657
of the
Revised Code, and the
terms of agreements
entered
into by
the
director under section
122.656 of the Revised
Code.
The director shall not grant more than twenty-five million
dollars
for public health projects under section 122.656 of the
Revised
Code.
(F) Grants awarded under section 122.656 of the Revised Code
shall be used by an
applicant
only to pay the costs of actually
conducting an
assessment, a cleanup or remediation of a
brownfield, or
a public
health project
and shall not be used by an
applicant to pay any
administrative
costs incurred by the
applicant. Costs related to
the use of a
certified professional
for purposes of section
122.654 of the
Revised Code are not
administrative costs and may
be paid with
moneys from grants
awarded under section 122.656 of
the Revised
Code.
(G)(1) The clean Ohio revitalization revolving loan fund is
hereby created in the state treasury. Payments of principal and
interest on loans made from the clean Ohio revitalization fund
shall be credited to this revolving loan fund, as shall payments
of principal and interest on loans made from the revolving loan
fund itself. The revolving loan fund's investment earnings shall
be credited to it. (2) The clean Ohio revitalization revolving loan fund shall
be used to make loans for the same purposes and subject to the
same policies, requirements, criteria, and application procedures
as loans made from the clean Ohio revitalization fund.
Sec. 151.01. (A) As used in sections 151.01 to
151.09 and
151.40 of
the Revised Code
and
in the applicable bond
proceedings
unless
otherwise provided: (1)
"Bond proceedings" means the resolutions, orders,
agreements, and
credit enhancement facilities, and amendments and
supplements to
them, or any one or more or combination of them,
authorizing,
awarding, or providing for the terms and conditions
applicable to
or providing for the security or liquidity of, the
particular
obligations, and the provisions contained in those
obligations.
(2)
"Bond service fund" means the respective bond service
fund
created by section 151.03, 151.04, 151.05, 151.06, 151.07,
151.08, 151.09, or 151.40 of the
Revised Code, and any accounts in
that fund,
including all
moneys and investments, and earnings from
investments, credited
and to be credited to that fund and accounts
as and to the extent
provided in the applicable bond proceedings. (3)
"Capital facilities" means capital facilities or
projects
as
referred to in section 151.03, 151.04, 151.05, 151.06,
151.07,
151.08, 151.09, or 151.40
of the Revised Code. (4)
"Costs of capital facilities" means the costs of
acquiring,
constructing, reconstructing, rehabilitating,
remodeling,
renovating, enlarging, improving, equipping, or
furnishing capital
facilities, and of the financing of those
costs.
"Costs of capital
facilities" includes, without
limitation,
and in addition to costs
referred to in section
151.03, 151.04,
151.05, 151.06, 151.07,
151.08, 151.09, or 151.40
of the
Revised
Code, the cost of
clearance and preparation of the
site
and of any
land to be used
in connection with capital
facilities,
the cost of
any indemnity
and surety bonds and
premiums on
insurance, all
related direct
administrative expenses
and
allocable portions of
direct costs of
the issuing authority,
costs
of engineering and
architectural
services, designs, plans,
specifications, surveys,
and estimates
of cost, financing costs,
interest on obligations
from their date
to the time when interest
is to be paid from
sources other than
proceeds of obligations,
amounts necessary to
establish any
reserves as required by the
bond proceedings, the
reimbursement of
all moneys advanced or
applied by or borrowed
from any person or
governmental agency or
entity for the payment
of any item of costs
of capital facilities,
and all other expenses
necessary or
incident to planning or
determining feasibility or
practicability
with respect to capital
facilities, and such other
expenses as may
be necessary or
incident to the acquisition,
construction,
reconstruction,
rehabilitation, remodeling,
renovation,
enlargement, improvement,
equipment, and furnishing of
capital
facilities, the financing of
those costs, and the placing
of the
capital facilities in use and
operation, including any one,
part
of, or combination of those
classes of costs and expenses.
(5)
"Credit enhancement facilities,"
"financing costs," and
"interest" or
"interest equivalent" have the same meanings as in
section 133.01 of the Revised Code.
(6)
"Debt service" means principal, including any mandatory
sinking fund or redemption requirements for retirement of
obligations, interest and other accreted amounts, interest
equivalent, and any redemption premium, payable on obligations.
If not prohibited by the applicable bond proceedings, debt service
includes costs relating to credit enhancement facilities that
are
related to and represent, or are intended to provide a source of
payment
of or limitation on, other debt service. (7)
"Issuing authority" means the Ohio public facilities
commission created in section 151.02 of the Revised Code
for
obligations issued under section 151.03, 151.04, 151.05,
151.07,
or 151.09
of the
Revised Code, or
the treasurer of state,
or the
officer who
by law performs the functions of
that office,
for
obligations
issued under section 151.06
, 151.08, or 151.40
of the
Revised Code. (8)
"Net proceeds" means amounts received from the sale of
obligations, excluding amounts used to refund or retire
outstanding
obligations, amounts required to be deposited into
special funds
pursuant to the applicable bond proceedings, and
amounts to be
used to pay financing costs. (9)
"Obligations" means bonds, notes, or other evidences of
obligation of the state, including any appertaining interest
coupons, issued pursuant to sections 151.01 to
151.09 or
151.40
of the
Revised Code.
(10)
"Principal amount" means the aggregate of the amount as
stated or provided for in the applicable bond proceedings as the
amount on which interest or interest equivalent on particular
obligations is initially calculated. Principal amount does not
include any premium paid to the state by the initial purchaser of
the obligations.
"Principal amount" of a capital appreciation
bond, as defined in division (C) of section 3334.01 of the Revised
Code, means its face amount, and "principal amount" of a zero
coupon bond, as defined in division (J) of section 3334.01 of the
Revised Code, means the discounted offering price at which the
bond is initially sold to the public, disregarding any purchase
price discount to the original purchaser, if provided for pursuant
to the bond proceedings.
(11)
"Special funds" or
"funds," unless the context
indicates
otherwise, means the bond service fund, and any other
funds,
including any reserve funds, created under the bond
proceedings
and
stated to be special funds in those proceedings,
including
moneys
and investments, and earnings from investments,
credited
and to be
credited to the particular fund. Special funds
do not
include the
school building program assistance fund created
by
section 3318.25
of the Revised Code, the higher education
improvement fund created
by division (F) of section 154.21 of the
Revised Code, the highway
capital improvement bond fund created by
section 5528.53 of the Revised Code,
the state parks
and natural
resources fund created
by section 1557.02 of the Revised Code, the
coal research and
development fund created by section 1555.15 of
the Revised Code,
the clean Ohio conservation fund created by
section 164.27 of the Revised Code, the clean Ohio revitalization
fund created by section 122.658 of the Revised Code,
or other
funds created by the bond proceedings
that are not stated
by those
proceedings to be special funds.
(B) Subject to
Section 2l, 2m, 2n,
2o, or 15, and
Section
17, of
Article VIII, Ohio Constitution, the state, by the
issuing
authority, is authorized to issue and sell, as provided in
sections 151.03 to
151.09 or 151.40 of the Revised Code,
and in
respective
aggregate principal amounts as from time to time
provided or
authorized by the general assembly, general
obligations of this
state for the purpose of paying costs of
capital facilities or
projects identified by or pursuant to
general assembly action. (C) Each issue of obligations shall be authorized by
resolution
or order of the issuing authority. The bond
proceedings shall provide for
or authorize the manner for
determining the principal amount or
maximum principal amount of
obligations of an issue, the principal
maturity or maturities, the
interest rate or rates, the date of
and the dates of payment of
interest on the obligations, their
denominations, and the place or
places of payment of debt service
which may be within or outside
the state. Unless otherwise
provided by law, the latest principal
maturity may not be later
than the earlier of the thirty-first day
of December of the
twenty-fifth calendar year after the year of
issuance of the
particular obligations or of the twenty-fifth
calendar year after
the year in which the original obligation to
pay was issued or
entered into. Sections 9.96, 9.98, 9.981,
9.982, and 9.983 of the Revised
Code apply to obligations. The
purpose of the obligations
may be stated in the bond proceedings
in general terms, such as,
as applicable,
"financing or assisting
in the financing of
projects as provided in Section 2l of Article
VIII, Ohio
Constitution,"
"financing or assisting in the financing
of highway
capital improvement projects as provided in Section 2m
of Article VIII,
Ohio Constitution,"
"paying costs of capital
facilities for
a system of common schools throughout the state as
authorized by
Section 2n of Article VIII, Ohio Constitution,"
"paying
costs of capital facilities for state-supported and
state-assisted
institutions of higher education as authorized by
Section
2n of Article VIII, Ohio Constitution,"
"paying costs of
coal research and development as authorized by Section 15 of
Article
VIII, Ohio Constitution,"
"financing or
assisting in
the
financing of local subdivision capital improvement
projects as
authorized by Section 2m of Article VIII,
Ohio Constitution,"
"paying costs of conservation projects as authorized by Section 2o
of Article VIII, Ohio Constitution,"
or "paying costs of
revitalization projects as
authorized by Section 2o
of Article
VIII, Ohio Constitution." (D) The issuing authority may appoint or provide for the
appointment of paying agents, bond registrars, securities
depositories, clearing corporations, and transfer agents, and may
without need for any other approval retain or contract for the
services of
underwriters, investment
bankers, financial advisers,
accounting experts, marketing,
remarketing, indexing, and
administrative agents, other
consultants, and independent
contractors, including printing
services, as are necessary in the
judgment of the issuing
authority to carry out
the issuing
authority's functions under
this
chapter.
When the issuing
authority
is
the Ohio public facilities
commission, the issuing
authority
also
may without need for any
other approval retain or
contract for the
services of attorneys
and other professionals for
that purpose.
Financing costs are
payable, as may be provided in
the bond
proceedings, from the
proceeds of the obligations, from
special
funds, or from other
moneys available for the purpose.
(E) The bond proceedings may contain additional provisions
customary or appropriate to the financing or to the obligations or
to particular obligations including, but not limited to,
provisions
for:
(1) The redemption of obligations prior to maturity at the
option of the state or of the holder or upon the occurrence of
certain conditions, and at particular price or prices and under
particular terms and conditions; (2) The form of and other terms of the obligations; (3) The establishment, deposit, investment, and application
of
special funds, and the safeguarding of moneys on hand or on
deposit,
in lieu of the applicability of provisions of Chapter
131. or 135.
of the Revised Code, but subject to any special
provisions of
sections 151.01 to
151.09 or 151.40 of the
Revised
Code with
respect to the
application of particular funds
or
moneys. Any
financial
institution that acts as a depository of
any moneys in
special
funds or other funds under the bond
proceedings may
furnish
indemnifying bonds or pledge securities as
required by the
issuing
authority. (4) Any or every provision of the bond proceedings being
binding
upon the issuing authority and upon such governmental
agency or
entity, officer, board, commission, authority, agency,
department,
institution, district, or other person or body as may
from time to
time be authorized to take actions as may be
necessary to perform
all or any part of the duty required by the
provision; (5) The maintenance of each pledge or instrument comprising
part
of the bond proceedings until the state has fully paid or
provided
for the payment of the debt service on the obligations or
met other
stated conditions; (6) In the event of default in any payments required to be
made
by the bond proceedings, or by any other agreement of the
issuing
authority made as part of a contract under which the
obligations
were issued or secured, including a credit enhancement
facility, the
enforcement of those payments by mandamus, a suit in
equity, an action
at law, or any combination of those remedial
actions; (7) The rights and remedies of the holders or owners of
obligations or of book-entry interests in them, and of third
parties
under any credit enhancement facility, and provisions for
protecting and enforcing those rights and remedies, including
limitations on rights of individual holders or owners; (8) The replacement of mutilated, destroyed, lost, or stolen
obligations; (9) The funding, refunding, or advance refunding, or other
provision for payment, of obligations that will then no longer be
outstanding for purposes of this section or of the applicable bond
proceedings; (10) Amendment of the bond proceedings; (11) Any other or additional agreements with the owners of
obligations, and such other provisions as the issuing authority
determines, including limitations, conditions, or qualifications,
relating to any of the foregoing. (F) The great seal of the state or a facsimile of it may be
affixed to or printed on the obligations. The obligations
requiring
execution by or for the issuing authority shall be
signed as
provided in the bond proceedings. Any obligations may
be signed
by the individual who on the date of execution is the
authorized
signer although on the date of these obligations that
individual
is not an authorized signer. In case the individual
whose
signature or facsimile signature appears on any obligation
ceases
to be an authorized signer before delivery of the
obligation, that
signature or facsimile is nevertheless valid and
sufficient for
all purposes as if that individual had remained the
authorized
signer until delivery.
(G) Obligations are investment securities under Chapter
1308.
of the Revised Code. Obligations may be issued in bearer or
in
registered form, registrable as to principal alone or as to
both
principal and interest, or both, or in certificated or
uncertificated form, as the issuing authority determines.
Provision may be made for the exchange, conversion, or transfer of
obligations and for reasonable charges for registration, exchange,
conversion, and transfer. Pending preparation of final
obligations, the issuing authority may provide for the issuance of
interim instruments to be exchanged for the final obligations.
(H) Obligations may be sold at public sale or at private
sale,
in such manner, and at such price at, above or below par,
all as determined by
and provided by the issuing authority in the
bond proceedings.
(I) Except to the extent that rights are restricted by the
bond
proceedings, any owner of obligations or provider of a credit
enhancement facility may by any suitable form of legal proceedings
protect and enforce any rights relating to obligations or that
facility under the laws of this state or granted by the bond
proceedings. Those rights include the right to compel the
performance of all applicable duties of the issuing authority and
the state. Each duty of the issuing authority and that
authority's officers, staff, and employees, and of each state
entity or agency, or using district or using institution, and its
officers, members, staff, or employees, undertaken pursuant to the
bond proceedings, is hereby established as a duty of the entity or
individual having authority to perform that duty, specifically
enjoined by law and resulting from an office, trust, or station
within the meaning of section 2731.01 of the Revised Code. The
individuals who are from time to time the issuing authority,
members or
officers of the
issuing authority, or those members'
designees acting pursuant to
section 154.02 of the Revised Code,
or the issuing authority's officers,
staff, or employees, are not
liable in their personal capacities on any
obligations or
otherwise under the bond proceedings. (J)(1) Subject to
Section 2l, 2m, 2n,
2o, or 15, and
Section 17,
of Article VIII, Ohio Constitution and sections 151.01
to
151.09 or 151.40
of the Revised Code, the issuing
authority
may, in addition
to the
authority referred to in
division (B) of
this section,
authorize
and provide for the
issuance of: (a) Obligations in the form of bond anticipation notes, and
may
provide for the renewal of those notes from time to time by
the
issuance of new notes. The holders of notes or appertaining
interest coupons have the right to have debt service on those
notes paid solely from the moneys and special funds that are or
may be pledged to that payment, including the proceeds of bonds or
renewal notes or both, as the issuing authority provides in the
bond proceedings authorizing the notes. Notes may be additionally
secured by covenants of the issuing authority to the effect that
the issuing authority and the state will do all things necessary
for the issuance of bonds or renewal notes in such principal
amount and upon such terms as may be necessary to provide moneys
to pay when due the debt service on the notes, and apply their
proceeds to the extent necessary, to make full and timely payment
of debt service on the notes as provided in the applicable bond
proceedings.
In the bond proceedings authorizing the issuance of
bond
anticipation notes the issuing authority shall set forth for
the
bonds anticipated an estimated schedule of annual principal
payments
the latest of which shall be no later than provided in
division
(C) of this section. While the notes are outstanding
there shall
be deposited, as shall be provided in the bond
proceedings for
those notes, from the sources authorized for
payment of debt
service on the bonds, amounts sufficient to pay
the principal of
the bonds anticipated as set forth in that
estimated schedule
during the time the notes are outstanding,
which amounts shall be
used solely to pay the principal of those
notes or of the bonds
anticipated. (b) Obligations for the refunding, including funding and
retirement, and advance refunding with or without payment or
redemption prior to maturity, of any obligations previously
issued.
Refunding obligations may be issued in amounts sufficient
to pay
or to provide for repayment of the principal amount,
including
principal amounts maturing prior to the redemption of
the
remaining prior obligations, any redemption premium, and
interest
accrued or to accrue to the maturity or redemption date
or dates,
payable on the prior obligations, and related financing
costs and
any expenses incurred or to be incurred in connection
with that
issuance and refunding. Subject to the applicable bond
proceedings, the portion of the proceeds of the sale of refunding
obligations issued under division (J)(1)(b) of this
section to be
applied to
debt service on the prior obligations shall be credited
to an
appropriate separate account in the bond service fund and
held in
trust for the purpose by the issuing authority or by a
corporate
trustee. Obligations authorized under this division
shall be
considered to be issued for those purposes for which the
prior
obligations were issued. (2) Except as otherwise provided in sections 151.01 to
151.09 or 151.40 of the Revised
Code, bonds or notes
authorized
pursuant to
division (J) of this section are subject to
the
provisions of
those
sections pertaining to obligations
generally. (3) The principal amount of refunding or renewal obligations
issued pursuant to division (J) of this section shall be in
addition
to the amount authorized by the general assembly as
referred to in division
(B) of the following sections: section
151.03, 151.04, 151.05,
151.06, 151.07,
151.08, 151.09, or
151.40
of the Revised
Code. (K) Obligations are lawful investments for banks, savings
and
loan associations, credit union share guaranty corporations,
trust
companies, trustees, fiduciaries, insurance companies,
including
domestic for life and domestic not for life, trustees or
other
officers having charge of sinking and bond retirement or
other
special funds of the state and political subdivisions and
taxing
districts of this state, the sinking fund, the
administrator of
workers' compensation subject to the approval of
the workers'
compensation board, the state teachers retirement
system, the
public employees retirement system, the school
employees
retirement system, and the Ohio police and fire
pension
fund, notwithstanding any other provisions of the Revised Code or
rules adopted pursuant to those provisions by any state
agency
with respect to investments by them, and are also
acceptable as
security for the repayment of the deposit of public
moneys. The
exemptions from taxation in Ohio as provided for in
particular
sections of the Ohio Constitution and section
5709.76 of the
Revised Code apply to the obligations. (L)(1) Unless otherwise provided or provided for in any
applicable
bond proceedings, moneys to the credit of or in a
special fund
shall be disbursed on the order of the issuing
authority. No such
order is required for the payment, from the
bond service fund or
other special fund, when due of debt service
or required payments
under credit enhancement facilities.
(2) Payments received by the state under interest rate
hedges
entered into as credit enhancement facilities under this
chapter shall
be deposited to the credit of the bond service fund
for the obligations
to which those credit enhancement facilities
relate. (M) The full faith and credit, revenue, and taxing power of
the
state are and shall be pledged to the timely payment of debt
service on outstanding obligations as it comes due, all in
accordance with Section 2l, 2m, 2n,
2o, or 15 of Article VIII,
Ohio
Constitution, and section 151.03, 151.04, 151.05, 151.06,
151.07,
151.08, or 151.09 of the Revised Code. Moneys referred
to in Section
5a
of Article XII, Ohio Constitution, may not be
pledged or used
for
the payment of debt service except on
obligations referred to
in
section 151.06 of the Revised Code.
The
state covenants, and
that
covenant shall be controlling
notwithstanding any other
provision
of law, that the state and the
applicable officers and
agencies of
the state, including the
general assembly, shall, so
long as any
obligations are
outstanding in accordance with their
terms,
maintain statutory
authority for and cause to be levied,
collected
and applied
sufficient pledged excises, taxes, and
revenues of the
state so
that the revenues shall be sufficient in
amounts to pay
debt
service when due, to establish and maintain
any reserves and
other
requirements, and to pay financing costs,
including costs of
or
relating to credit enhancement facilities,
all as provided for
in
the bond proceedings. Those excises,
taxes, and revenues are
and
shall be deemed to be levied and
collected, in addition to the
purposes otherwise provided for by
law, to provide for the payment
of debt service and financing
costs in accordance with sections
151.01 to
151.08
151.09 of the Revised Code and the
bond
proceedings. (N) The general assembly may from time to time repeal or
reduce
any excise, tax, or other source of revenue pledged to the
payment
of the debt service pursuant to Section 2l, 2m, 2n,
2o, or
15
of
Article VIII, Ohio Constitution, and sections 151.01 to
151.09 or 151.40
of the Revised Code, and may levy, collect
and
apply
any
new or
increased excise, tax, or revenue to meet the
pledge,
to
the
payment of debt service on outstanding obligations,
of the
state's
full faith and credit, revenue and taxing power,
or
of designated revenues and receipts, except
fees,
excises or taxes
referred to in Section 5a of
Article XII,
Ohio
Constitution, for
other than obligations referred to in
section
151.06 of the
Revised Code and except net state lottery
proceeds
for other than
obligations referred to in section 151.03
of the
Revised Code.
Nothing in division (N) of this section
authorizes
any
impairment
of the obligation of this state to levy
and collect
sufficient
excises, taxes, and revenues to pay debt
service on
obligations
outstanding in accordance with their terms.
(O) Each bond service fund is a trust fund and is hereby
pledged to the payment of debt service on the applicable
obligations. Payment of that debt service shall be made or
provided for by the issuing authority in accordance with the bond
proceedings without necessity for any act of appropriation. The
bond proceedings may provide for the establishment of separate
accounts in the bond service fund and for the application of those
accounts only to debt service on specific obligations, and for
other accounts in the bond service fund within the general
purposes of that fund.
(P) Subject to the bond proceedings pertaining to any
obligations
then outstanding in accordance with their terms, the
issuing
authority may in the bond proceedings pledge all, or such
portion
as the issuing authority determines, of the moneys in the
bond
service fund to the payment of debt service on particular
obligations, and for the establishment and maintenance of any
reserves for payment of particular debt service. (Q)
For obligations issued pursuant to sections 151.01 to
151.09 of the Revised Code, the
The issuing authority shall by the
fifteenth day of
the
July of each fiscal year, certify or cause to
be certified to the
office of budget and
management the total
amount of moneys
required during the current
fiscal year to meet
in full all debt
service on the respective
obligations and any
related financing
costs payable from the
applicable bond service
fund and not from
the proceeds of
refunding or renewal
obligations. The issuing
authority
shall make or cause to be made
supplemental
certifications to the
office of budget and management
for each
debt service payment date
and at such other times during
each
fiscal year as may be provided
in the bond proceedings or
requested by that office. Debt
service, costs of credit
enhancement facilities, and other
financing costs shall be set
forth separately in each
certification. If and so long as the
moneys to
the credit of the bond service fund, together with any
other
moneys available for the purpose, are insufficient to meet
in full
all payments when due of the amount required as stated in
the
certificate or otherwise, the office of budget and management
shall at the times as provided in the bond proceedings, and
consistent with any particular provisions in sections 151.03 to
151.09
and 151.40 of the Revised Code, transfer a sufficient
amount to
the
bond service fund from the
pledged revenues in the
case of obligations issued pursuant to section 151.40 of the
Revised Code, and in the case of other obligations from the
revenues derived from excises,
taxes,
and other revenues,
including net state lottery proceeds in
the
case of obligations
referred to in section 151.03 of the
Revised
Code. (R) Unless otherwise provided in any applicable bond
proceedings, moneys to the credit of special funds may be invested
by or on behalf of the state only in one or more of the following:
(1) Notes, bond, or other direct obligations of the United
States or of any agency or instrumentality of the United
States,
or in
no-front-end-load money market mutual funds consisting
exclusively
of those obligations, or in repurchase agreements,
including those
issued by any fiduciary, secured by those
obligations, or
in collective investment funds consisting
exclusively of those
obligations; (2) Obligations of this state or any political subdivision
of
this state; (3) Certificates of deposit of any national bank located in
this
state and any bank, as defined in section 1101.01 of the
Revised Code, subject
to inspection by the superintendent of
financial institutions; (4) The treasurer of state's pooled investment program under
section 135.45 of the Revised Code. The income from investments referred to in division (R)
of
this section shall, unless otherwise provided in sections 151.01
to
151.09 or 151.40
of the Revised Code, be
credited to
special
funds or
otherwise as the
issuing authority determines in
the bond
proceedings. Those
investments may be sold or exchanged
at times
as the issuing
authority determines, provides for, or
authorizes. (S) The treasurer of state shall have responsibility for
keeping
records, making reports, and making payments, relating to
any
arbitrage rebate requirements under the applicable bond
proceedings.
Sec. 164.22. Natural resources assistance councils shall
review and approve or disapprove applications in accordance with
sections 164.20 to 164.27 of the Revised Code for grants for
projects that propose to do either of the following: (A) Provide for open space acquisition and related
development of those open spaces, including the
aquisition
acquisition of
easements. Open space acquisition projects
include
acquisition of
land or rights in land for parks, forests,
wetlands, natural
areas
that protect an endangered plant or animal
population, other
natural areas, and connecting corridors for
natural areas.
Related
development projects include projects for
the construction
or
enhancement of facilities that are necessary
to make an open
space
area accessible and useable by the general
public. Projects
proposed pursuant to division (A) of this
section shall emphasize
the following: (1) The support of comprehensive open space planning and
incorporation of
aesthetically pleasing and ecologically informed
design; (2) The enhancement of economic development that relies on
recreation and ecotourism in areas with relatively high
unemployment and lower incomes; (3) The protection of habitat for rare, threatened, and
endangered species or the preservation of high quality, viable
habitat for plant and animal species; (4) The preservation of existing high quality wetlands or
other scarce natural resources within the geographical
jurisdiction of the council; (5)
The inclusion of pedestrian
or bicycle linkages to
other
open-space preserves and population
centers; (6) The enhancement of educational opportunities and
provision of physical links to schools and after-school centers;
(7)(6) The preservation or restoration of water quality,
natural stream channels, functioning floodplains, wetlands,
streamside forests, and other natural features that contribute to
the quality of life in this state and to the state's natural
heritage. Projects shall not include hydromodification projects
such as dams, dredging, sedimentation, and bank clearing and shall
not accelerate untreated water runoff or encourage invasive
nonnative species.
(8)(7) The reduction or elimination of nonnative, invasive
species of plants or animals;
(9)(8) The proper management of areas where safe fishing,
hunting, and trapping may take place in a manner that will
preserve a balanced natural ecosystem.
(B) Protect and enhance riparian corridors or watersheds,
including the protection and enhancement of streams, rivers,
lakes, and other waters of the state. Such projects may include,
without limitation, the reforestation of land or the planting of
vegetation
for filtration purposes; the fee simple acquisition of
lands for the purpose of
providing access to riparian corridors or
watersheds or for other
purposes necessary for the protection and
enhancement of riparian
corridors or watersheds; and the
acquisition of easements for the purpose of
protecting and
enhancing riparian corridors or watersheds. Projects proposed
pursuant to division (B) of this section shall emphasize the
following: (1) The increase of habitat protection; (2) Inclusion as part of a stream corridor-wide or
watershed-wide plan; (3) The provision of multiple recreational, economic, and
aesthetic preservation benefits; (4) The preservation or restoration of floodplain and
streamside forest functions; (5) The preservation of headwater streams; (6) The restoration and preservation of aquatic biological
communities. Projects shall not initiate or perpetuate
hydromodification
projects such as dams, ditch development, or
channelization. Grant moneys may be used for preliminary costs related to
projects that are eligible for funding under this section,
including planning costs, design costs, engineering costs, costs
of appraisals, environmental assessments, and archaeological
surveys.
Sec. 164.23. (A) An entity seeking a grant for a
project
that
is eligible for funding under section 164.22 of the Revised
Code
shall
submit an application to the natural resources
assistance
council with geographical jurisdiction over the
proposed project
area. Entities that are eligible for funding are
limited to local
political subdivisions and nonprofit
organizations. The director
of
the Ohio public works commission
shall develop the form of the
application and shall provide
application forms to each council.
The application shall require
at least all of the following: (1) An identification of the local political subdivision or
nonprofit organization that is responsible for the execution and
completion of the proposed project; (2) A detailed description of the proposed project; (3) An identification of the areas that are proposed to be
protected, restored, preserved, or constructed; (4) Detailed information concerning the practices and
procedures that will be undertaken to complete the project; (5) A formal detailed estimate of the project's cost; (6) The amount and nature of the moneys or resources to be
used as matching funds for the project. Matching funds shall
constitute not less than twenty-five per cent of the total cost of
the project and may consist of contributions of money by any
person, any local political subdivision, or the federal
government or of contributions in-kind by such parties through the
purchase or donation of equipment, land, easements, labor, or
materials
necessary to complete the project.
(7) An identification of any participation by state
agencies
that may have expertise regarding the particular project
and that
may provide assistance with respect to the project; (8) Information concerning the coordination of the project
among local political subdivisions, state agencies, federal
agencies, community organizations, conservation organizations, and
local business groups; (9) Information about any coordination that the project
will
have with projects being undertaken under the jurisdiction of
other natural resources assistance councils throughout the
state
under sections 164.20 to 164.27 of the Revised Code or with
projects being undertaken under sections 122.65 to 122.658 of the
Revised Code; (10) Information about public participation in the planning
and execution of the project; (11) Information about whether the general public will be
given access to the project area upon the completion of the
project; (12)
A timetable for completion of the proposed project. (B) In addition to the application required under
division
(A) of this section, an applicant for a grant for a
project shall
include with the application all of the following: (1) Except as otherwise provided in division (C) of this
section, a copy of a resolution supporting the project from each
county in which the proposed project is to be conducted and
whichever
of the following is applicable: (a) If the proposed project is to be conducted wholly
within
the geographical boundaries of one township, a copy of a
resolution supporting the project from the township; (b) If the proposed project is to be conducted wholly
within
the geographical boundaries of one municipal corporation, a
copy
of a resolution supporting the project from the municipal
corporation; (c) If the proposed project is to be conducted in more than
one, but fewer than five townships or municipal corporations, a
copy of a resolution supporting the project from at least one-half
of the total number of townships and municipal corporations in
which the proposed project is to be conducted; (d) If the proposed project is to be conducted in five or
more townships or municipal corporations, a copy of a resolution
supporting the project from at least three-fifths of the total
number of townships and municipal corporations in which the
proposed project is to be conducted. However, if the applicant is a county and the proposed
project is to be located wholly within the geographical boundaries
of the county, the applicant shall not be required to include a
copy of a resolution from any township or municipal corporation.
If the applicant is a municipal corporation and the proposed
project is to be located wholly within the geographical boundaries
of the municipal corporation, the applicant shall not be required
to include a copy of a resolution from the county in which it is
located. If the applicant is a township and the proposed project
is to be located wholly within the geographical boundaries of the
township, the applicant shall not be required to include a copy of
a resolution from the county in which it is located. (2) Documentation that demonstrates that the
applicant has
the capacity, financial or otherwise, to complete
the project for
which the grant is sought and to provide any
necessary ongoing
maintenance of the project; (3) Documentation that indicates compliance with division
(A) of section 164.26 of the Revised Code related to the
long-term
ownership or control of the property that is the subject
of the
grant application. (C)(1) Prior to submitting an application for a grant for a
project under this section, an applicant that is a park district
or other similar park authority shall
submit a copy of the
application to
consult with the legislative authority of each
county, township,
and municipal corporation in which the proposed
project will be
located.
Not later than twenty-one days after
receipt of the copy
of the application, the legislative authority
may adopt a
resolution objecting to the proposed project. If a legislative authority adopts a resolution by the end of
the twenty-one-day period objecting to the proposed project, the
legislative authority immediately shall send a copy of the
resolution to the applicant and to the appropriate natural
resources assistance council. If a legislative authority fails to
adopt a resolution by the end of that period objecting to the
proposed project, it shall be conclusively presumed that the
legislative authority does not object to the proposed project.
(2) Except as otherwise provided in division (C)(3) of this
section, if the applicant receives a copy of a resolution from any
legislative authority objecting to the proposed project that was
adopted by the end of the twenty-one-day period, the applicant
shall not submit the application to the appropriate natural
resources assistance council. If the applicant does not receive
any such resolutions, the applicant may proceed to submit the
application to the appropriate natural resources assistance
council and shall include with it an affidavit stating that the
applicant notified all affected counties, townships, and municipal
corporations as required under division (C)(1) of this section and
that the applicant did not receive any timely resolutions
objecting to the proposed project.
The affidavit required under division (C)(2) of this section
is in lieu of the copies of resolutions required under division
(B)(1) of this section.
If an applicant submits a false affidavit required under
division (C)(2) of this section, the appropriate natural resources
assistance council shall deny the application for a grant. If an
applicant has received a grant at the time that a false affidavit
is discovered, the applicant shall return all of the money awarded
in the grant.
(3) If an applicant that is subject to division (C) of this
section proposes a project that will be located in more than one
county, township, or municipal corporation and receives a timely
resolution objecting to the proposed project from at least one,
but not all, of the legislative authorities of those counties,
townships, and municipal corporations, the applicant may submit an
application for, and be awarded a grant for, the portion of the
proposed project that will be located in the counties, townships,
and municipal corporations whose legislative authorities did not
adopt resolutions objecting to the proposed project.
(D) Upon receipt of an application under division (A) of
this
section and the information required under division (B) of
this
section, a
council may request additional information
concerning
the proposed
project to which the application and
information apply.
Upon
receiving such a request,
the entity
proposing the project
shall
provide the additional
information
requested.
Sec. 901.22. (A) The director of agriculture, in
accordance
with
Chapter 119. of the
Revised Code, shall adopt
rules that do
all of the following: (1) Establish procedures and eligibility criteria for
making
matching grants to municipal corporations, counties,
townships,
and charitable organizations described in division (B) of
section
5301.69 of the Revised Code for the purchase of agricultural
easements.
With respect to agricultural easements that are
purchased or proposed to be purchased with such matching grants
that consist in whole or in part of moneys from the clean Ohio
agricultural easement fund created in section 901.21 of the
Revised Code,
the rules
shall establish all of the following: (a) Procedures for all of the following: (i) Soliciting and accepting applications for matching
grants; (ii) Participation by local governments and by the public
in
the process of making matching grants to charitable
organizations; (iii) Notifying local governments, charitable
organizations,
and organizations that represent the interests of
farmers of the
ranking system established in rules adopted under
division
(A)(1)(b) of this section. (b) A ranking system for applications for the matching
grants that is based on the soil type, proximity of the land or
other land that is conducive to agriculture as defined by rules
adopted under this section and that
is the subject of an
application to other agricultural land or other land that is
conducive to agriculture as defined by rules adopted under this
section and that
is already or is in
the process of becoming
permanently protected
from development,
farm stewardship,
development pressure, and, if
applicable, a
local comprehensive
land
use plan involved with a
proposed
agricultural easement. The
rules shall require that
preference be
given to proposed
agricultural easements that
involve the greatest
proportion of all
of the following: (i) Prime soils, unique or locally important soils,
microclimates, or similar features; (ii) Land that is adjacent to or that is in close
proximity
to other agricultural land or other land that is
conducive to
agriculture as defined by rules adopted under this
section and
that is already or is in the
process of becoming
permanently
protected from development, by
agricultural easement
or otherwise,
so that a buffer would exist
between the land
involving the
proposed agricultural easement and
areas that have
been developed
or likely will be developed for
purposes other than
agriculture; (iii)
The use of best management practices, including
federally or state approved conservation plans, and a history of
substantial compliance with applicable federal and state laws; (iv) Development pressure that is imminent, but not a
result
of current location in the direct path of urban
development; (v) Areas identified for agricultural protection in local
comprehensive land use plans. (c) Any other criteria that the director determines are
necessary for selecting applications for matching grants; (d) Requirements regarding the information that must be
included in the annual monitoring report that must be prepared for
an agricultural easement under division (D)(2) of section 5301.691
of the Revised Code, procedures for submitting a copy of the
report to the office of farmland preservation in the department of
agriculture, and requirements and procedures governing corrective
actions that may be necessary to enforce the terms of the
agricultural easement.
(2) Establish provisions that shall be included in the
instrument conveying to a municipal corporation, county,
township,
or charitable organization any agricultural easement purchased
with
matching grant funds provided by the director under this
section, including, without limitation,
all of the following
provisions: (a) A provision stating that an easement so
purchased may be
extinguished only if an unexpected
change in the conditions of or
surrounding the land that is
subject to the easement makes
impossible or impractical the
continued use of the land for the
purposes described in the
easement, or if the requirements of the
easement are extinguished
by judicial proceedings; (b) A provision requiring that, upon the sale,
exchange, or
involuntary conversion of the land subject to
the easement, the
holder of the easement shall be paid an amount of money that
is
at
least equal to the proportionate value of the
easement compared to
the total value of the land at the time the
easement was acquired; (c) A provision requiring that, upon receipt of the
portion
of the proceeds of a sale, exchange, or involuntary
conversion
described in division (A)(2)(b)
of this section, the municipal
corporation, county,
township, or charitable organization remit to
the director an amount of money
equal to the percentage of the
cost
of purchasing the easement it received as a
matching grant
under this section. Moneys received by the director pursuant to rules adopted
under division (A)(2)(c) of this
section shall be credited to the
agricultural easement purchase
fund created in section 901.21 of
the
Revised Code. (3)
Establish a provision that provides a charitable
organization described in division (B) of section 5301.69 of the
Revised Code, municipal corporation, township, or county with the
option of purchasing agricultural easements either in installments
or with a lump sum payment. The rules shall include a requirement
that a charitable organization, municipal corporation, township,
or county negotiate with the seller of the agricultural easement
concerning any installment payment terms, including the dates and
amounts of payments and the interest rate on the outstanding
balance. The rules also shall require the director to approve any
method of payment that is undertaken in accordance with the rules
adopted under division (A)(3) of this section. (4) Establish any other requirements that the director
considers to
be
necessary or appropriate to implement or
administer a program to
make
matching
grants under this section
and monitor those grants. (B) The director may
develop guidelines regarding the
acquisition of agricultural
easements by the department of
agriculture and the
provisions of instruments conveying those
easements. The
director may make the guidelines available to
public and private
entities authorized to acquire and hold
agricultural
easements. (C) The director may
provide technical assistance in
developing a program for the
acquisition and monitoring of
agricultural
easements to public and private entities authorized
to hold
agricultural easements. The technical assistance
may
include, without limitation, reviewing and providing
advisory
recommendations regarding draft instruments conveying
agricultural
easements. (D) The director may
make matching grants from the
agricultural
easement purchase fund
and the clean Ohio
agricultural
easement fund to municipal corporations,
counties,
townships, and
charitable organizations described in division
(B)
of section
5301.69 of the Revised Code, to assist those political
subdivisions and charitable organizations
in purchasing
agricultural easements. Application
for a matching grant shall be
made on forms prescribed and
provided by the director. The
matching grants shall be made in
compliance with the criteria and
procedures established in rules
adopted under this section.
Instruments conveying
agricultural
easements purchased with
matching grant funds provided under
this section, at a minimum,
shall include the mandatory
provisions set forth in those rules. Matching grants made under this division using moneys from
the clean Ohio agricultural easement fund created in section
901.21 of the
Revised
Code may provide up to seventy-five per cent
of the value
of an
agricultural easement as determined by a
general real estate
appraiser who is certified under Chapter 4763.
of the Revised
Code. Not less than twenty-five per cent of the
value of the
agricultural easement shall be provided by the
recipient of the
matching grant or donated by the person who is
transferring the
easement to the grant recipient. The amount of
such a matching
grant used for the purchase of a single
agricultural easement
shall not exceed one million dollars. (E)
For any agricultural easement purchased with a matching
grant that consists in whole or in part of moneys from the clean
Ohio agricultural easement fund, the director shall be named as a
grantee on the instrument conveying the easement, as shall the
municipal corporation, county, township, or charitable
organization that receives the grant. (F)(1) The director shall monitor and evaluate the
effectiveness
and efficiency of the agricultural easement program
as a farmland preservation
tool. On or before July 1, 1999, and
the first day of July
of each year thereafter, the director shall
prepare and submit a report to the
chairpersons of the standing
committees of the senate and the house of
representatives that
consider legislation regarding agriculture. The report
shall
consider and address the following criteria to determine the
program's
effectiveness: (a) The number of agricultural easements purchased during
the
preceding year; (b) The location of those easements; (c) The number of acres of land preserved for agricultural
use; (d) The amount of money used by a municipal corporation,
township,
or county from its general fund or special fund to
purchase the agricultural
easements; (e) The number of state matching grants given to purchase
the
agricultural easements; (f) The amount of state matching grant moneys used to
purchase
the agricultural easements. (2) The report also shall consider and include, at a
minimum, the
following information for each county to determine
the program's efficiency: (a) The total number of acres in the county; (b) The total number of acres in current agricultural use; (c) The total number of acres preserved for agricultural use
in
the preceding year; (d) The average cost, per acre, of land preserved for
agricultural use in the preceding year.
Sec. 5301.691. (A)(1) Subject to
divisions (A)(2) and (E)
of this section, the director of
agriculture, with moneys credited
to the agricultural easement
purchase fund created in section
901.21 of the Revised Code, may purchase
agricultural easements in
the name of the state. (2) Not less than thirty days prior to the acquisition of
an
agricultural easement under division
(A)(1) of this section or the
extinguishment of such an easement purchased under that
division,
the director shall provide written notice of the intention to do
so
to the board of county commissioners of the county in which the
land that is
or is proposed to be subject to the easement or
extinguishment
is located, and either to the legislative authority
of the
municipal corporation in which the land is located, if it
is
located in an incorporated area, or to the board of township
trustees of the township in which the land is located, if it is
located in an unincorporated area. If, within thirty days after
the director provides the notice, the board of county
commissioners, legislative authority, or board of township
trustees requests an informational meeting with the director
regarding the proposed acquisition or extinguishment, the
director
shall meet with the legislative authority or board
to respond to
the board's or authority's questions and concerns. If a meeting
is timely requested under division
(A)(2) of this section, the
director shall not undertake the proposed acquisition or
extinguishment until after the meeting has been
concluded. The director, upon the director's own initiative and prior
to
the purchase of an agricultural easement under
division (A)(1) of
this section
or the extinguishment of such an easement, may hold
an informational meeting
with the board of
county commissioners
and the legislative authority of the
municipal corporation or
board of township trustees in which
land that would be affected by
the proposed
acquisition or extinguishment is located, to respond
to any questions and
concerns of the board or authority regarding
the
proposed acquisition or extinguishment. (B)(1) Subject to division (E) of this section, the
legislative authority
of a municipal corporation, board of county
commissioners of a
county, or board of trustees of a township,
with moneys in the
political subdivision's general fund not
required by law or
charter to be used for other specified purposes
or with moneys in a special
fund of the political subdivision to
be used for the purchase of agricultural
easements, may purchase
agricultural easements in the name of the municipal
corporation,
county, or township.
(2) Subject to division (E) of this section, the legislative
authority of a municipal corporation, board of county
commissioners of a county, or board of township trustees of a
township may acquire agricultural easements by
gift, devise, or
bequest. Any terms may be included in an
agricultural easement so
acquired that are
necessary or appropriate to preserve on behalf
of the grantor of
the easement the favorable tax consequences of
the gift, devise,
or bequest under the
"Internal
Revenue Act of
1986," 100
Stat. 2085, 26 U.S.C.A.
1, as amended. (C)(1) The term of an agricultural
easement purchased
wholly
or in part with money from the agricultural easement purchase fund
shall be perpetual and shall run with the land.
(2) The term of an agricultural easement purchased by such a
legislative authority or board without
the use of any money from
the agricultural easement purchase fund may be
perpetual or for
a
specified period. The agricultural easement shall run with the
land. The
instrument conveying an
agricultural easement for a
specified period shall
include provisions specifying, at a
minimum, all of the following: (a) The
consideration to be paid for the easement and manner
of payment; (b) Whether the easement is renewable and, if so,
procedures
for its renewal; (c) The circumstances under which the easement may be
extinguished; (d) The method for determining the amount of
money, if any,
due the holder of the easement upon
extinguishment and for payment
of that amount to the
holder. (D)(1) The director and each
legislative authority of a
municipal corporation, board of county
commissioners, or board of
township trustees, upon acquiring an agricultural
easement by
purchase, gift, devise, or bequest
under this section or section
901.21 of the
Revised
Code, shall name an appropriate
administrative officer, department, or division to supervise and
enforce the easement. A legislative authority or board may enter
into a
contract
with the board of park commissioners of a park
district
established under Chapter 1545.
of the Revised
Code, the
board of park
commissioners of a township park district
established under
section 511.18 of the Revised
Code, or the board
of
supervisors of a soil and water conservation district
established under Chapter 1515. of the
Revised
Code having
territorial
jurisdiction within the municipal corporation, county,
or
township, or with a charitable organization described in
division (B) of section 5301.69
of the Revised
Code, to supervise
on behalf of
the legislative authority or board an agricultural
easement so acquired. The contract may be entered into on such
terms as are agreeable to the parties and shall specify or
prescribe a method for determining the amounts of any payments
to
be made by the legislative authority or board of county
commissioners or township trustees for the performance of the
contract. (2) With respect to an agricultural easement purchased with
a matching grant that is made under division (D) of section 901.22
of the Revised Code and that consists in whole or in part of
moneys from the clean Ohio agricultural easement fund created in
section
901.21 of the
Revised Code, the recipient of the matching
grant
shall make an
annual monitoring visit to the land that is
the
subject of the
easement. The purpose of the visit is to
ensure
that no
development that is prohibited by the terms of the
easement has
occurred or is occurring. In accordance with rules
adopted under
division (A)(1)(d) of section 901.22 of the Revised
Code, the
grant recipient shall prepare a written annual
monitoring report
and submit it to the office of farmland
preservation in the
department of agriculture. If necessary to
enforce the terms of
the easement, the grant recipient shall take
corrective action in
accordance with those rules.
The director may
agree to share these monitoring and enforcement responsibilities
with the grant recipient. (E) The director; a municipal corporation, county, or
township;
or a charitable organization described in division (B)
of section
5301.69 of the Revised Code, may acquire agricultural
easements by purchase,
gift, devise, or
bequest only on land that
is valued for purposes of real property taxation at
its current
value for agricultural use under section 5713.31 of the Revised
Code
or that constitutes a homestead when the easement is granted. (F) An agricultural
easement acquired by the director under
division
(A) of this section may be extinguished
if an unexpected
change in the conditions of or
surrounding the land that is
subject to the easement makes
impossible or impractical the
continued use of the land for the
purposes described in the
agricultural easement, or if the
requirements of the easement are
extinguished by judicial
proceedings. Upon the sale, exchange, or
involuntary conversion
of the land subject to the easement, the
director shall be paid an amount of
money
that is at least equal
to the
proportionate value of the easement compared to the total
value
of the land at the time the easement was acquired. Moneys
so received shall be credited to the agricultural easement
purchase fund. An agricultural easement acquired by a municipal
corporation,
county, or township under division
(B) of this section may be
extinguished
under the circumstances prescribed, and in
accordance
with the terms and conditions set forth, in the
instrument
conveying the agricultural
easement.
An agricultural easement
acquired by a charitable
organization described in division
(B) of
section 5301.69 of the
Revised
Code may be extinguished under
the
circumstances prescribed, and in accordance with the terms
and
conditions set forth, in the instrument conveying the
agricultural
easement. Any instrument extinguishing an agricultural
easement
shall
be executed and
recorded in the same manner as other instruments
conveying or
terminating interests in real property. (G) Promptly after the
recording and indexing of an
instrument conveying an
agricultural easement to any person or to
a
municipal corporation, county, or township or of an instrument
extinguishing an agricultural easement held by any
person or such
a political subdivision, the county recorder shall
mail, by
regular mail, a photocopy of the instrument to the office of
farmland
preservation in the department of agriculture. The
photocopy shall be
accompanied by an invoice for the
applicable
fee established in section 317.32 of the
Revised Code. Promptly
after receiving
the photocopy and invoice, the office of farmland
preservation
shall remit the fee to the county
recorder. (H) The director, the legislative authority of a
municipal
corporation, a board of county commissioners, or a
board of
township trustees may receive and expend grants from
any public or
private source for the purpose of purchasing
agricultural
easements and supervising and
enforcing them.
SECTION 2. That existing sections 122.651, 122.657, 122.658,
151.01, 164.22, 164.23,
901.22,
and 5301.691 of the Revised Code
are hereby repealed.
SECTION 3. That Sections 4, 6, and 7 of Am. Sub. H.B. 3 of
the
124th General Assembly be amended to read as follows: "Sec. 4. All items in this section are hereby appropriated
as
designated out of any moneys in the state treasury to the
credit
of the Clean Ohio Conservation Fund (Fund 056). The
appropriations
made in
this act
Am. Sub. H.B. 3 of the 124th
General Assembly are
in addition to any other
capital
appropriations made for the
2000-2002 biennium. PWC PUBLIC WORKS COMMISSION
Clean Ohio Conservation Fund
056 |
CAP-152 |
|
Clean Ohio Conservation |
|
$ |
37,500,000 |
TOTAL 056 Clean Ohio Conservation Fund |
|
$ |
37,500,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
37,500,000 |
CLEAN OHIO CONSERVATION
The foregoing appropriation item CAP-152, Clean Ohio
Conservation, shall be used in accordance with sections 164.20 to
164.27 of the Revised Code. The Director of the Public Works
Commission may certify to the Director of Budget and Management
that a need exists to appropriate investment earnings to be used
in accordance with sections 164.20 to 164.27 of the Revised Code.
If the Director of Budget and Management determines pursuant to
sections 164.12 and 164.27 of the Revised Code that investment
earnings are available to support additional appropriations, such
amounts are hereby appropriated.
Within the limits set forth in
this act
Am. Sub. H.B. 3 of
the 124th General Assembly, the Director of
Budget and Management
shall establish accounts indicating source
and amount of funds for
each appropriation made in
this act
Am. Sub. H.B. 3 of the 124th
General Assembly, and
shall determine the form and manner in which
appropriation
accounts shall be maintained. Expenditures from
appropriations
contained in
this act
Am. Sub. H.B. 3 of the 124th
General Assembly shall be accounted for as though made in Am.
Sub.
H.B. 640 of the 123rd General Assembly.
The appropriations made in
this act
Am. Sub. H.B. 3 of the
124th General Assembly are subject to all
provisions of Am. Sub.
H.B. 640 of the 123rd General Assembly that
are general applicable
to such appropriations.
Notwithstanding section 126.14 of the Revised Code,
appropriations from the Clean Ohio Conservation Fund (Fund 056) to
the Public Works Commission shall be released upon presentation of
a request to release the funds, by the Public Works Commission, to
the Director of Budget and Management. Sec. 6. All items in this section are hereby appropriated
as
designated out of any moneys in the state treasury to the
credit
of the Clean Ohio Trail Fund (Fund
058
061). The
appropriations
made
in this act are in addition to any other
capital
appropriations
made for the 2000-2002 biennium. DNR DEPARTMENT OF NATURAL RESOURCES
Clean Ohio Trail Fund
058
061 |
CAP-014 |
|
Clean Ohio Trail |
|
$ |
6,250,000 |
TOTAL
058
061 Clean Ohio Trail Fund |
` |
$ |
6,250,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
6,250,000 |
CLEAN OHIO TRAIL
The foregoing appropriation item CAP-014, Clean Ohio Trail,
shall be used in accordance with section 1519.05 of the
Revised
Code. The Director of the Department of Natural Resources
may
certify to the Director of Budget and Management that a need
exists to appropriate investment earnings to be used in accordance
with section 1519.05 of the Revised Code. If the
Director of
Budget and Management determines pursuant to section
1519.05 of
the Revised Code that investment earnings are
available to support
additional appropriations, such amounts are
hereby appropriated.
Within the limits set forth in this act, the Director of
Budget and Management shall establish accounts indicating source
and amount of funds for each appropriation made in this act, and
shall determine the form and manner in which appropriation
accounts shall be maintained. Expenditures from appropriations
contained in this act shall be accounted for as though made in Am.
Sub. H.B. 640 of the 123rd General Assembly.
The appropriations made in this act are subject to all
provisions of Am. Sub. H.B. 640 of the 123rd General Assembly that
are generally applicable to such appropriations. Sec. 7. All items in this section are hereby appropriated
as
designated out of any moneys in the state treasury to the
credit
of the Clean Ohio Trail Fund (Fund
058
061). For all
appropriations
made in this act, those in the first column are for
fiscal year
2002 and those in the second column are for fiscal
year 2003. The
appropriations made in this act are in addition to
any other
appropriations made for the 2001-2003 biennium. DNR DEPARTMENT OF NATURAL RESOURCES
Clean Ohio Trail Fund
058
061 |
725-405 |
|
Clean Ohio - Operating |
|
$ |
150,000 |
|
$ |
155,000 |
TOTAL
058
061 Clean Ohio Trail Fund |
|
$ |
150,000 |
|
$ |
155,000 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
150,000 |
|
$ |
155,000 |
CLEAN OHIO - OPERATING
The foregoing appropriations item 725-405, Clean Ohio -
Operating, shall be used by the Ohio Department of Natural
Resources in administering section 1519.05 of the
Revised Code.
Within the limits set forth in this act, the Director of
Budget and Management shall establish accounts indicating source
and amount of funds for each appropriation made in this act, and
shall determine the form and manner in which appropriation
accounts shall be maintained. Expenditures from appropriations
contained in this act shall be accounted for as though made in Am.
Sub. H.B. 94 of the 124th General Assembly.
The appropriations made in this act are subject to all
provisions of Am. Sub. H.B. 94 of the 124th General Assembly that
are generally applicable to such appropriations."
SECTION 4. That existing Sections 4, 6, and 7 of Am. Sub.
H.B. 3
of the 124th General Assembly are hereby repealed. SECTION 5. On the effective date of this section or as soon
as possible thereafter, the Director of Budget and Management
shall transfer $9,812.73 in cash from the State Accounting Fund
(Fund 105) to the Traffic Safety Fund (Fund 832). The transfer
will reimburse the Traffic Safety Fund for cash intercepted by the
Internal Revenue Service for an assessment unrelated to the
Traffic Safety Fund or the Department of Public Safety. SECTION 6. Notwithstanding any other provision of law to the
contrary, not later than June 30, 2002, the Director of Budget and
Management shall transfer up to $3,000,000 in cash from General
Revenue Fund appropriation item 035-407, Legislative Task Force on
Redistricting, under the budget of the Legislative Service
Commission to General Services Fund 106, appropriation item
055-612, General Reimbursement, under the budget of the Office of
the Attorney General. The amount transferred is hereby
appropriated.
|