130th Ohio General Assembly
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 Reported by the House Finance and Appropriations Committee
As Reported by the House Finance and Appropriations Committee

124th General Assembly
Regular Session
2001-2002
Sub. H. B. No. 385


REPRESENTATIVES Blasdel, Carey, Grendell, Faber, Gilb, Schmidt, Widowfield, Evans, Webster, Barrett



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
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 6 and 7 of Am. Sub. H.B. 3 of the 124th General Assembly are hereby repealed.
Please send questions and comments to the Webmaster.
© 2019 Legislative Information Systems | Disclaimer