The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 385As Passed by the HouseAs Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES Blasdel, Carey, Grendell, Faber, Gilb, Schmidt, Widowfield, Evans, Webster, Barrett, Seitz, Setzer, Calvert, Niehaus, Lendrum, Flowers, Carano, Sferra, Fedor, Woodard, Collier, Barnes, Britton, Patton, Latell, Key, Coates
A BILL
To amend sections 122.657, 122.658, 164.27, 901.22,
and 5301.691, to enact section 126.141 of the
Revised Code, and to amend Sections 6 and 7 of Am.
Sub. H.B. 3 of the 124th General Assembly to
specify that the release of appropriations to the
Public Works Commission for purposes of certain
projects involving natural resources and parks and
recreation does not require the approval of the
Controlling Board, 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
provide that Clean
Ohio Conservation Fund money cannot be used for
recreational trails.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 122.657, 122.658, 164.27, 901.22,
and 5301.691 be amended and section 126.141 of the Revised Code be
enacted to read as follows:
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) and (E) 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. 126.141. Notwithstanding section 126.14 of the Revised
Code, appropriations from the clean Ohio conservation fund created
in section 164.27 of the Revised Code to the public works
commission for the purpose of projects that have been approved for
grants under sections 164.20 to 164.27 of the Revised Code shall
be released upon the presentation of a request to release the
moneys that is made by the commission to the director of budget
and management. Such a release does not require the approval of
the controlling board.
Sec. 164.27. (A) The clean Ohio conservation fund is
hereby
created in the state treasury. Seventy-five per cent of the net
proceeds of obligations
issued and sold by the issuing authority
pursuant to sections 151.01 and
151.09 of the Revised Code shall
be deposited into the fund.
Investment earnings of the fund shall
be credited to the fund.
For two years after the effective date of
this section, investment earnings credited to the fund
may be used
to pay costs incurred by the Ohio public works
commission in
administering sections 164.20 to 164.27 of the
Revised Code.
Moneys in the
clean Ohio
conservation fund shall be
used to
make
grants to local
political
subdivisions and nonprofit
organizations
for projects
that have
been approved for grants
under sections
164.20 to 164.27
of the
Revised Code. The
clean Ohio
conservation fund
shall be administered
by
the Ohio public works
commission. (B) For the purpose of grants issued under sections 164.20
to 164.27 of the Revised Code, moneys shall be allocated on an
annual basis from the
clean Ohio conservation fund to districts
represented by
natural resources assistance councils as follows: (1) Each district shall receive an amount that is equal to
one-fourth of one per cent of the total annual amount allocated to
all districts each year for each county that is represented by the
district. (2) The remaining moneys shall be allocated to each district
annually on a per capita basis. (C) A grant that is awarded under sections 164.20 to 164.27
of the Revised Code may provide up to seventy-five per cent of the
estimated cost of a project. Matching funds from a grant
recipient may consist of contributions of money by any person, any
local political subdivision, or the federal government
or of
contributions in-kind by such entities through the purchase
or
donation of equipment, land,
easements, interest in land,
labor,
or
materials necessary to complete the project. (D) The director of the Ohio public works commission shall
notify the director of budget and management of the amounts
allocated pursuant to this section, and that information shall be
entered in the state accounting system. The director of budget
and management may establish appropriate line items or other
mechanisms that are needed to track the allocations. (E) Grants awarded under sections 164.20 to 164.27 of the
Revised Code from the clean Ohio conservation fund shall be used
by a local political subdivision or nonprofit organization only to
pay the costs related to the purposes for which grants may be
issued under section 164.22 of the Revised Code and shall not be
used by a local political subdivision or nonprofit organization to
pay any administrative costs incurred by the local political
subdivision or nonprofit organization.
(F) No money from the clean Ohio conservation fund shall be
used for recreational trails, as the term "recreational trail" is
used in Chapter 1519. of the Revised Code.
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 122.657, 122.658, 164.27,
901.22,
and 5301.691 of the Revised Code are hereby repealed.
Section 3. That Sections 6 and 7 of Am. Sub. H.B. 3 of the
124th General Assembly be amended to read as follows: "
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
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 |
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
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 |
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 6 and 7 of Am. Sub. H.B. 3
of the 124th General Assembly are hereby repealed.
|
|