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Sub. H. B. No. 3As Reported by the House Energy and Environment CommitteeAs Reported by the House Energy and Environment Committee
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Blasdel, Hollister, Setzer, Aslanides, Britton, Carmichael, Core, Fedor, Hagan, Jolivette, Lendrum, Niehaus, Redfern, Seaver, Sferra, Strahorn, White, Woodard
A BILL
To amend sections 126.11, 151.01, 164.02, 317.08,
901.21, 901.22, 5301.67, 5301.68, 5301.69, and
5301.691 and to enact sections 122.65,
122.651,
122.652, 122.653, 122.654, 122.655,
122.656,
122.657, 122.658, 122.659, 151.09,
151.40, and
164.20
to 164.28 of the
Revised Code
to
provide for
the implementation of
programs to
finance
brownfields revitalization
projects,
natural
resource projects, and farmland
preservation
projects through the issuance of
obligations of the
state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 126.11, 151.01, 164.02, 317.08,
901.21,
901.22, 5301.67, 5301.68, 5301.69, and 5301.691
be amended
and sections 122.65, 122.651,
122.652, 122.653,
122.654, 122.655,
122.656, 122.657, 122.658,
122.659, 151.09,
151.40, 164.20,
164.21, 164.22,
164.23, 164.24,
164.25, 164.26,
164.27, and 164.28
of the Revised Code be
enacted
to read as follows:
Sec. 122.65. As used in sections 122.65 to 122.659 of the
Revised Code: (A) "Applicant" means a county, township, municipal
corporation, port authority, or conservancy district or a park
district, other similar park authority,
nonprofit organization, or
organization for profit that has
entered into an agreement with a
county, township, municipal
corporation, port authority, or
conservancy district to work in
conjunction with that county,
township, municipal corporation,
port
authority, or conservancy
district for the purposes of
sections
122.65 to 122.658 of the
Revised Code. (B) "Assessment" means a phase I and phase II property
assessment conducted in accordance with section 3746.04 of the
Revised Code and rules adopted under that section. (C) "Brownfield" means an abandoned, idled, or under-used
industrial or commercial property where expansion or redevelopment
is complicated by known or potential contamination by hazardous
substances or
petroleum. (D) "Certified professional," "hazardous substances," and
"petroleum" have the same meanings as in section 3746.01 of the
Revised Code. (E) "Cleanup or remediation" means any action to contain,
remove, or dispose of hazardous substances or petroleum at a
brownfield. "Cleanup or remediation" includes the acquisition of
a brownfield, demolition performed at a brownfield, and the
installation or upgrade of the minimum amount of infrastructure
that is necessary to make a brownfield operational for economic
development activity. (F) "Cleanup standards" means the cleanup standards that are
established in
rules adopted under section 3746.04 of the Revised
Code.
(G) "Distressed area" means either a municipal
corporation
with a population of at least fifty thousand or a
county that
meets any two of the following criteria: (1) Its average rate of unemployment, during the most recent
five-year period for which data are available, is equal to at
least one hundred twenty-five per cent of the average rate of
unemployment for the United States for the same period. (2) It has a per capita income equal to or below eighty per
cent of the median county per capita income of the United States
as determined by the most recently available figures from the
United States census bureau. (3)(a) In the case of a municipal corporation, at least
twenty per cent of the residents have a total income for the most
recent census year that is below the official poverty line. (b) In the case of a county, in intercensal years, the county
has a ratio of transfer payment income to total county income
equal to or greater than twenty-five per cent. "Distressed area" includes a municipal corporation the
majority of the population of which is situated in a county that
is a distressed area. (H) "Eligible area" means a distressed area, an inner city
area, a labor surplus area, or a situational distress area.
(I) "Inner city area" means an area in a municipal
corporation that has a population of at least one hundred
thousand, is not a labor surplus area, and is a targeted
investment area established by the municipal corporation that is
comprised of block tracts identified in the most recently
available figures from the United States census bureau in which at
least twenty per cent of the population in the area is at or below
the official poverty line or of contiguous block tracts meeting
those criteria.
(J) "Integrating committee" means a district public works
integrating committee established under section 164.04 of the
Revised Code. (K) "Labor surplus area" means an area designated as a labor
surplus area by the United States department of labor. (L) "No further action letter"
means a letter that is
prepared by a certified professional when,
on the basis of the
best knowledge, information, and belief of the
certified
professional, the certified professional concludes that
the
cleanup or remediation of a brownfield meets the applicable
cleanup standards and that contains all of the information
specified in rules adopted under division (B)(7) of section
3746.04 of the Revised Code.
(M) "Nonprofit organization" means a corporation,
association, group, institution, society, or other organization
that is exempt from federal income taxation under section
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085,
26 U.S.C. 501(c)(3), as amended. (N) "Property" means any parcel of real property, or portion
of such a parcel, and any improvements to it. (O) "Official poverty line" has the same meaning as in
section 3923.51 of the Revised Code.
(P) "Situational distress area" means a county or a
municipal corporation that has experienced or is experiencing a
closing or downsizing of a major employer that will adversely
affect the county or municipal corporation's economy and that has
applied to the director of development to be designated as a
situational distress area for not more than thirty months by
demonstrating all the following:
(1) The number of jobs lost by the closing or downsizing;
(2) The impact that the job loss has on the county or
municipal corporation's unemployment rate as measured by the
director of job and family services;
(3) The annual payroll associated with the job loss;
(4) The amount of state and local taxes associated with the
job loss;
(5) The impact that the closing or downsizing has on
suppliers located in the county or municipal corporation.
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, 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 sixty
days after the effective date of this section. (B) The members appointed by the president of the senate
and
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) 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 constitute grounds for removal
of public officers or employees from their offices or positions of
employment. Members of the council shall serve without
compensation for attending council meetings. (E) Members appointed by the governor shall not have a
conflict of interest with 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. (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. 122.652. (A) An applicant seeking a grant for a
brownfield cleanup or remediation project from the clean Ohio
revitalization fund created in section 122.658 of the Revised Code
shall request an application form from the appropriate integrating
committee with geographical jurisdiction over the project for
which a grant is sought. The applicant shall complete the
application and include all of the information required by
sections 122.65 to 122.658 of the Revised Code and policies and
requirements established
under section 122.657 of the Revised
Code. After completion of the application, but prior to the
submission of the application to the integrating committee under
division (B) of this section, the applicant shall conduct a public
meeting concerning the application. Not later than forty-five
days prior to conducting the public meeting, the applicant shall
provide notice of the date and time of the public meeting in a
newspaper of general circulation in the county in which the
property that is the subject of the application is located. In
addition, not later than forty-five days prior to the hearing, the
applicant shall post notice of the date and time of the public
meeting at the property on a sign that measures not less four feet
by four feet or, if the political subdivision in which the sign is
to be posted prohibits a sign of that size, the maximum size of
sign permitted by that political subdivision.
In addition, not later than forty-five days prior to the
public meeting, the applicant shall provide a copy of the
application to a public library in the vicinity of the property
for public review. The submission of the application and the
location of the public library shall be included in the notice
required under this division. The general public may submit
comments to the applicant concerning the application prior to and
at the public meeting. (B) An applicant shall submit a completed application, all
required information, and an application summary to the
appropriate integrating committee.
Based on a review of the
application summaries submitted to it, an integrating committee
shall prioritize all applications in accordance with criteria and
procedures established pursuant to section 122.657 of
the Revised
Code. The integrating committee shall choose not more
than six
applications that it determines merit funding and shall
forward
those applications and all accompanying information to the
clean
Ohio council. In prioritizing and choosing applications under
this division, an integrating committee shall consult with local
and regional economic development agencies or resources, community
development agencies or organizations, local business
organizations, and other appropriate entities located or operating
in the geographic jurisdiction of the integrating committee. (C) The clean Ohio council shall supply application forms to
each integrating committee.
Sec. 122.653. (A) Upon receipt of an application from an
integrating committee, the clean Ohio council shall examine the
application and all accompanying information to determine if the
application is complete. If the council determines that the
application is not complete, the council immediately shall notify
the applicant that the application is not complete, provide a
description of the information that is missing from the
application, and return the application and all accompanying
information to the applicant. The applicant may resubmit the
application directly to the council. (B) The council shall approve or disapprove in writing
applications submitted to it by integrating committees for grants
from the clean Ohio revitalization fund. The council shall not
approve a project that fails to comply with the requirements
established in sections 122.65 to 122.658 of the Revised Code and
policies and requirements established under section 122.657 of the
Revised Code. The
council also shall not approve a project if the
applicant caused
or contributed to the contamination at the
property. In approving
or disapproving applications, the council
shall use the selection
process established in policies and
requirements established under section 122.657 of the
Revised Code
and shall ensure that minority and low-income communities are not
disproportionately affected by the failure to thoroughly clean up
and redevelop brownfields. (C) If the council approves an application under this
section, the council shall enter into an agreement with the
applicant to award a grant for the applicant's brownfield cleanup
or remediation project. The agreement shall be executed prior to
the payment or disbursement of any funds approved by the council
under this section. The agreement shall contain, at a minimum,
all of the following: (1) The designation of a single officer or employee of the
applicant who will serve as project manager; (2) Procedures for the payment or disbursement of funds from
the grant to the applicant; (3) A designation of the percentage of the estimated total
cost of the project for which the grant will provide funding,
which
shall not exceed seventy-five per cent of that cost as
provided in
section 122.658 of the Revised Code; (4) A description of the manner by which the applicant will
provide the remainder of the estimated total cost of the project,
which shall equal at least twenty-five per cent of that cost as
provided in section 122.658 of the Revised Code; (5) An assurance that the applicant will clean up or
remediate the brownfield to the applicable cleanup standards; (6) A provision for the reimbursement of grant moneys if
the
completed
project does not comply with the applicable cleanup
standards; (7) Any other provisions that the council considers necessary
in order to ensure that the project's implementation will comply
with the requirements established in sections 122.65 to 122.658 of
the Revised Code and policies and requirements established under
section 122.657 of the
Revised Code. (D) If the council executes an agreement under this section,
the council shall forward a copy of the agreement to the
department of development for the purposes of section 122.658 of
the Revised Code. (E) A grant may be awarded for a project under this section
to an applicant to pay the costs of cleanup or remediation of a
brownfield in order to comply with any applicable cleanup
standards.
Sec. 122.654. (A) An applicant who has entered into an
agreement
with the clean Ohio council under section 122.653 of the
Revised
Code shall
employ a certified professional to determine if
the
brownfield
cleanup or remediation project complies with
applicable
cleanup
standards. The certified professional shall
make this
determination in accordance with Chapter 3746. of the
Revised Code
and rules adopted under it. When the certified
professional
determines that the cleanup or remediation complies
with the
applicable cleanup standards, the certified professional
shall prepare a no further action letter. Upon completion of a no further action letter, the certified
professional shall send a copy of the letter to the applicant.
The
letter shall be accompanied by both of the following: (1) A written request that the applicant notify the certified
professional as to whether the applicant wishes to submit the no
further action letter to the director of environmental protection; (2) A written notice informing the applicant that the
original no further action letter may be submitted to the director
only by a certified professional and that the person may receive a
covenant not to sue under Chapter 3746. of the Revised Code and
rules adopted under it in connection with the cleanup or
remediation only if the no further action letter is submitted to
the director on the applicant's behalf by the certified
professional.
In addition, the certified professional shall send a copy of
the no further action letter to the clean Ohio council.
Promptly after receipt of the letter, request, and notice,
the applicant shall send written notice to the certified
professional informing the certified professional as to whether
the applicant wishes to submit the no further action letter to the
director and shall send a copy of the notice to the clean Ohio
council. If the applicant's notice indicates that the applicant
wishes to have the no further action letter submitted to the
director, promptly after receipt of the notice, the certified
professional shall submit the original no further action letter to
the director by certified mail on behalf of the applicant. In
addition, the certified professional shall send written notice to
the clean Ohio council informing the council that the original no
further action letter has been submitted to the director. If the
applicant notifies the certified professional that the applicant
does not wish to submit the no further action letter to the
director, the certified professional shall send the original no
further action letter to the applicant promptly after receiving
the notice.
(B) If the certified professional determines that the
cleanup or remediation does not comply with applicable cleanup
standards, the certified professional shall send to the applicant
and the clean Ohio council written notice of that fact and of the
certified professional's inability to issue a no further action
letter for the property.
(C) If the director receives an original no further action
letter from a certified professional on behalf of an applicant,
the director shall issue or deny a covenant not to sue in
accordance with Chapter 3746. of the Revised Code and rules
adopted under it except as otherwise specifically provided under
sections 122.65 to 122.659 of the Revised Code.
(D) A certified professional shall maintain all documents
and data prepared or acquired by the certified professional in
connection with a cleanup or remediation for not less than ten
years after the date of issuance of a no further action letter or
after the notice required under division (B) of this section has
been sent, whichever is applicable. The clean Ohio council may
request a certified professional to provide the council with
documents and data for purposes of verifying that the issuance of
or inability to issue a no further action letter by the certified
professional under sections 122.65 to 122.659 of the Revised Code
was appropriate. In addition, if the applicant requested the
certified professional to send the original no further action
letter to the director, the director shall have access to those
documents and data for purposes of the issuance or denial of a
covenant not to sue under Chapter 3746. of the Revised Code and
rules adopted under it.
Sec. 122.655. (A) A no further action letter issued under
section 122.654 of the Revised Code, a covenant not to sue issued
under Chapter 3746. of the Revised Code and rules adopted under
it, if applicable, and any
restrictions on the use of the property
that are needed in order
to comply with the applicable cleanup
standards as determined by
the director of environmental
protection shall
be filed by the applicant in
the office of the
county recorder of
the county in which the
property is located and
shall be recorded
in the same manner as a
deed to the property. No applicant shall fail to comply with this division. (B) Pursuant to Chapter 5309. of the Revised Code, a no
further action letter issued under section 122.654 of the Revised
Code, a covenant not to sue issued under Chapter 3746. of the
Revised Code and rules adopted under it, if applicable, and any
restrictions on the use of the property,
as described in division
(A) of this
section, in connection with
registered land, as
defined in section
5309.01 of the Revised
Code, shall be entered
as a memorial on the
page of the register
where the title of the
owner is registered.
Sec. 122.656. (A) An applicant that is in an eligible area
may submit an application on a form prescribed by
the director of
development to request moneys from the clean Ohio
assistance fund
to pay for the cost of an assessment that is
required for purposes
of sections 122.65 to 122.658 of the Revised
Code, the cleanup or
remediation of a brownfield, or public health
emergencies related
to water supply contamination from hazardous
substances or
petroleum. (B) Upon receipt of an application, the director shall
examine the application and all accompanying information to
determine if the application is complete. If the director
determines that the application is not complete, the director
immediately shall notify the applicant that the application is not
complete, provide a description of the information that is missing
from the application, and return the application and all
accompanying information to the applicant. The applicant may
resubmit the application.
(C) The director shall approve or disapprove in writing
applications submitted for grants from the clean Ohio assistance
fund under this section. The director shall not approve an
application that fails to comply with the policies and
requirements established
under section 122.657 of the Revised
Code and
under this section. In approving or disapproving
applications,
the director shall use the criteria established
pursuant to section 122.657 of the Revised Code. Prior to the
approval or disapproval
of an application under this section, the
director shall notify
the clean Ohio council of the pending
approval or disapproval.
(D) If the director approves an application under this
section, the director shall enter into an agreement with the
applicant to award a grant to the applicant. The
agreement shall
be executed prior to the payment or disbursement
of any funds
approved by the director under this section.
(E) If the director executes an agreement under this
section, the director shall forward a copy of the agreement to the
clean Ohio council for the purposes of sections 122.65 to 122.658
of the Revised Code.
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 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
is requested;
(3) A detailed description of the contamination caused by
hazardous substances or petroleum at the brownfield that includes
an explanation of the source of the contamination at the property
as determined by an assessment, a certified copy of the results of
the assessment, and an identification of the parties that caused
the contamination, if known; (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 under division (B) of section 122.652 of the
Revised Code; (10) 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 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 shall use in applying the
criteria. (D) A selection process that provides for the prioritization
of brownfield cleanup or remediation projects for which grant
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
under division (B) of section 122.652 of the Revised
Code; (5) 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 and
any other policies and requirements that the director determines
are necessary for the administration of that section; (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)
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
shall be used to make grants 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 transfer
five million dollars from the clean Ohio
revitalization fund to the
clean Ohio assistance fund created in
division (C) of this
section. Moneys in the clean Ohio revitalization fund may be used to
pay
reasonable
costs incurred by the council in administering
sections
122.65 to
122.658 of the Revised Code. All investment
earnings of
the fund
shall be credited to the fund. Investment
earnings credited to the clean Ohio revitalization fund that
exceed the amounts required to meet estimated federal arbitrage
requirements shall 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 council
may
transfer any remaining
investment earnings in the fund to the
clean Ohio
assistance fund,
but the balance in the clean Ohio
assistance fund
as a result of
the transfer shall not exceed ten
million dollars. 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 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 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 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 from the fund.
(D) Grants awarded 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 under section
122.653 of the Revised Code.
(E)
The clean Ohio assistance fund is hereby created in
the
state treasury. The fund shall consist of moneys transferred
to
it under division (A) of this section and shall be used to make
grants for assessments, cleanup or remediation of brownfields, and
public health emergencies that have been approved by the director
of development under section 122.656 of the Revised Code. All
investment earnings of the fund shall be credited to the fund.
The
department of development shall administer the 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
director under section 122.656 of the Revised
Code.
(F) Grants awarded under section 122.656 of the Revised Code
from the clean Ohio assistance fund shall be used by an applicant
only to pay the costs of actually conducting an assessment,
conducting a cleanup or remediation of a brownfield, or addressing
a public health emergency related to water supply contamination
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.
Sec. 122.659. (A) Nothing in sections 122.65 to 122.658 of
the Revised Code, nor any agreement entered into under those
sections, shall be construed to amend, modify, repeal, or
otherwise alter any other provision of the Revised Code relating
to administrative, civil, or criminal penalties, or enforcement
actions and remedies available to the environmental protection
agency, or in any way amend, modify, repeal, or alter the
authority of that agency to bring administrative, civil, or
criminal actions under any provision of the Revised Code. (B) Nothing in sections 122.65 to 122.658 of the Revised Code
shall affect the ability or authority of any person that is
undertaking or has undertaken investigation or remediation
activities at a brownfield under those sections to seek cost
recovery or contributions from or any relief available against any
person who may have liability with respect to the brownfield. (C) Decisions of the clean Ohio council, integrating
committees, the environmental protection agency, and the
department of development concerning applications for grant
funding under sections 122.65 to 122.658 of the Revised Code are
effective without a prior hearing under Chapter 119. of the
Revised Code and are not appealable under that chapter or under
any other provision of the Revised Code. (D) Nothing in sections 122.65 to 122.658 of the Revised Code
shall create or be construed as creating a cause of action
against
any member, officer, or employee of the clean Ohio
council,
integrating committees, the environmental protection
agency, or
the department of development or a substantive legal
right in
favor of any applicant for a grant under those sections.
Sec. 126.11. (A)(1) The director of budget and management
shall, upon consultation with
the treasurer of state, coordinate
and approve the scheduling of
initial sales of publicly
offered
securities of the state and of
publicly
offered fractionalized
interests in or securitized issues of public
obligations of the
state. The
director shall from time to time develop and
distribute to
state issuers an approved sale schedule for each of
the obligations covered by this division. This division
applies
only to
those obligations on which the state or a
state agency is
the direct obligor or obligor on any backup
security or related
credit enhancement facility or source of money
subject to state
appropriations that is intended for payment of
those obligations. (2) The issuers of obligations pursuant to section 151.03,
151.04, 151.05,
or 151.07, or 151.09 or Chapter 152. of the
Revised
Code shall submit to the director: (a) For review and approval: the projected sale date,
amount, and
type of obligations proposed to be sold; their
purpose, security, and source
of payment; and the proposed
structure and maturity
schedule; (b) For review and comment: the authorizing order or
resolution;
preliminary and final offering documents; method of
sale; preliminary and
final pricing information; and any written
reports or
recommendations of financial advisors or consultants
relating to
those obligations; (c) Promptly after each sale of those obligations: final
terms,
including sale price, maturity schedule and yields, and
sources and uses;
names of the original purchasers or
underwriters; a copy
of the final offering document and of the
transcript of
proceedings; and any other pertinent information
requested by the
director. (3) The issuer of obligations pursuant to section 151.06
or,
151.08, or 151.40 or
Chapter 154. or 3318. of the Revised
Code
shall submit to the director: (a) For review and mutual agreement: the projected
sale
date,
amount, and
type of obligations proposed to be sold; their
purpose, security, and source
of payment; and the proposed
structure and maturity
schedule; (b) For review and comment: the authorizing order or
resolution;
preliminary and final offering documents; method of
sale; preliminary and
final pricing information; and any written
reports or
recommendations of financial advisors or consultants
relating to
those obligations; (c) Promptly after each sale of those obligations: final
terms,
including sale price, maturity schedule and yields, and
sources and uses;
names of the original purchasers or
underwriters; a copy
of the final offering document and of the
transcript of
proceedings; and any other pertinent information
requested by the
director. (4) The issuers of obligations pursuant to Chapter 166.,
4981.,
5540., or 6121., or section 5531.10, of the Revised Code
shall submit to the director: (a) For review and comment: the projected sale date, amount,
and
type of obligations proposed to be sold; the purpose,
security, and
source of payment; and preliminary and final
offering documents; (b) Promptly after each sale of those obligations: final
terms,
including a maturity schedule; names of the original
purchasers or
underwriters; a copy of the complete continuing
disclosure agreement pursuant to S.E.C. rule
15c2-12 or equivalent
rule as from time to time in effect;
and any other pertinent
information requested by the director. (5) Not later than thirty days after
the end of a fiscal
year, each issuer of obligations subject to divisions (A)
and (B)
of this section shall submit to the director and to the treasurer
of
state a sale
plan for the then current fiscal year for each
type of obligation,
projecting the amount and term of each
issuance, the method of sale, and
the month of sale. (B) Issuers of obligations
pursuant to Chapter 122., 166.,
175., 3345., 3347., 3366.,
3377., 3706., 3737., 5537., 6121., or
6123.
of the Revised Code, and
issuers of securities issued
pursuant to
Chapter 165. of the Revised Code other than a county
or municipal corporation,
shall submit to the director
copies of
the preliminary and final offering documents upon their
availability if not previously submitted pursuant to division (A)
of this section. (C) Not later than the first day of January of each year,
every
state agency obligated to make payments on outstanding
public
obligations with respect to which fractionalized interests
have been publicly
issued, such as certificates of participation,
shall submit a
report to the director of the amounts payable from
state
appropriations under those public obligations during the
then current and next two fiscal years, identifying the
appropriation or intended appropriation from which payment is
expected to be made. (D)(1) Information relating generally to the
historic,
current, or future demographics or economy or financial
condition
or funds or general operations of the state, and
descriptions of
any state contractual obligations relating to public
obligations,
to be contained in any offering
document, continuing disclosure
document, or written
presentation prepared, approved, or provided,
or committed to be provided, by an issuer in
connection with the
original issuance and sale of, or rating,
remarketing, or credit
enhancement facilities relating to, public
obligations
referred to
in division (A) of this section shall be approved as
to format and
accuracy by the director before
being presented, published, or
disseminated in preliminary, draft, or final form, or publicly
filed in
paper, electronic, or other format. (2) Except for
information described in division (D)(1) of
this section that is
to be contained in an offering document,
continuing disclosure document, or
written presentation,
division
(D)(1) of this section does not inhibit direct
communication
between an issuer and a rating agency, remarketing
agent, or
credit enhancement provider concerning an issuance of public
obligations referred to in division (A) of this section or matters
associated with that issuance. (3) The materials approved and provided pursuant to
division
(D)
of this section are the information relating to the particular
subjects
provided by the state or state agencies that are required
or contemplated by
any applicable
state or federal securities laws
and any commitments by the state
or state agencies made under
those laws. Reliance for the purpose
should not be placed on any
other information publicly provided,
in any format including
electronic, by any state agency for other
purposes, including
general information provided to the public or
to portions of the
public. A statement to that effect shall be
included in those
materials so approved or provided. (E) Issuers of obligations
referred to in division (A) of
this section may take
steps, by formal agreement, covenants in the
proceedings, or otherwise, as may
be necessary or appropriate to
comply or permit compliance with applicable
lawful disclosure
requirements relating to those obligations, and may,
subject to
division (D) of this section, provide,
make available, or file
copies of any required
disclosure materials as necessary or
appropriate. Any such formal agreement or covenant relating to
subjects referred to in division (D) of this section, and any
description of that
agreement or covenant to be contained in any
offering document, shall be approved by the
director before being
entered into
or published or publicly disseminated in preliminary,
draft, or final
form or publicly filed
in paper, electronic, or
other format. The director shall be
responsible for making all
filings in compliance with those requirements
relating to direct
obligations of the state, including fractionalized
interests in
those obligations. (F) No state agency or official shall, without the
approval
of the director
of budget and management, do either of the
following: (1) Enter into or commit to enter into a public obligation
under which fractionalized interests in the payments are
to be
publicly offered, which payments are
anticipated to be made from
money from any source
appropriated or to be appropriated by the
general assembly or in which the
provision stated in section 9.94
of the Revised Code is not included; (2) Except as otherwise expressly authorized for the purpose
by law, agree
or commit to provide, from money from any source to
be appropriated in
the future by the
general assembly, financial
assistance to or participation in the costs
of capital
facilities,
or the payment of debt charges, directly or by way of a
credit
enhancement facility, a reserve, rental payments, or
otherwise, on
obligations issued to pay costs
of capital facilities. (G) As used in this section, "credit enhancement
facilities," "debt charges," "fractionalized
interests in public
obligations," "obligor," "public issuer," and "securities"
have
the same meanings as in section 133.01 of the Revised Code;
"public
obligation" has the same meaning as in division (GG)(2) of
section 133.01 of
the Revised Code; "obligations" means securities
or
public obligations or fractionalized interests in them;
"issuers"
means issuers of securities or state obligors on
public
obligations; "offering document" means an official
statement,
offering circular, private placement memorandum, or
prospectus, or
similar document; and "director" means the director
of budget and
management or the employee of the office of budget
and management
designated by the director for the purpose.
Sec. 151.01. (A) As used in sections 151.01 to
151.08
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,
or
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,
or 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,
or 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,
or
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 or 151.08 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
151.08
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 authorizing law of the Revised Code.
(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
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
151.08
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," or
"financing or
assisting in
the financing of local subdivision capital improvement
projects as
authorized by Section 2m of Article VIII,
Ohio Constitution.,"
or
"paying costs of conservation or 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
its
the issuing
authority's functions under
Chapter 151. of the Revised Code
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
151.08
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
Section 2l, 2m, 2n,
2o, or 15, and
Section 17,
of Article VIII, Ohio Constitution and sections 151.01
to
151.08
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
151.08
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,
or 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,
or 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 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
151.08
151.09
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, 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)
The
For obligations issued pursuant to sections 151.01 to
151.09 of the Revised Code, 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
151.08
151.09 of the Revised Code, transfer a sufficient amount to
the
bond service fund 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
151.08
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. 151.09. (A) As used in this section: (1) "Costs of
conservation projects" includes related direct
administrative
expenses and allocable portions of the direct costs
of those
projects of the department of agriculture or Ohio public
works
commission. (2) "Obligations" means obligations issued to pay costs of
projects for conservation purposes as referred to in division
(A)(1) of Section 2o of Article VIII, Ohio Constitution.
(B) The issuing authority shall issue general obligations
of the state to pay
costs of conservation projects pursuant to
division (B)(1) of
Section 2o of Article VIII, Ohio Constitution,
section 151.01 of
the Revised Code, and this section. The issuing
authority, upon
the certification to it by the Ohio public works
commission of amounts needed in and for the purposes of the clean
Ohio conservation
fund created by section 164.27 of the Revised
Code, shall issue
obligations in the amount determined by the
issuing
authority to be required for those purposes.
(C) Net proceeds of obligations shall be deposited
into the
clean Ohio
conservation fund created by section 164.27 of the
Revised Code. (D) There is hereby created in the state treasury the
conservation projects bond service fund. All moneys received by
the
state and required by the bond proceedings, consistent with
section 151.01 of the Revised Code and this section, to be
deposited,
transferred, or credited to the bond service fund, and
all other
moneys transferred or allocated to or received for the
purposes of
that fund, shall be deposited and credited to the bond
service
fund, subject to any applicable provisions of the bond
proceedings, but without necessity for any act of appropriation.
During the period beginning with the date of the first issuance of
obligations and continuing during the time that any obligations
are outstanding in accordance with their terms, so long as moneys
in the bond service fund are insufficient to pay debt service when
due on those obligations payable from that fund, except the
principal amounts of bond anticipation notes payable from the
proceeds of renewal notes or bonds anticipated, and due in the
particular fiscal year, a sufficient amount of revenues of the
state is committed and, without necessity for further act of
appropriation, shall be paid to the bond service fund for the
purpose of paying that debt service when due.
Sec. 151.40. (A) As used in this section:
(1) "Bond proceedings" includes any trust agreements, and
any amendments or supplements to them, as
authorized by this
section.
(2) "Costs of revitalization projects" includes related
direct administrative expenses and allocable portions of the
direct costs of those projects of the department of development or
the
environmental protection agency.
(3) "Issuing authority" means the treasurer of state.
(4) "Obligations" means obligations issued to pay the costs
of projects for revitalization purposes as referred to in division
(A)(2) of Section 2o of Article VIII, Ohio Constitution.
(5) "Pledged liquor profits" means all receipts of the
state representing the gross profit on the sale of spirituous
liquor, as referred to in division (B)(4) of section 4301.10 of
the Revised Code, after paying all costs and expenses of the
division of liquor control and providing an adequate working
capital reserve for the division of liquor control as provided in
that division, but excluding the sum required by the second
paragraph of section 4301.12 of the Revised Code, as it was in
effect on May 2, 1980, to be paid into the state treasury.
(6) "Pledged receipts" means, as and to the extent provided
in bond proceedings:
(a) Pledged liquor profits. The pledge of pledged liquor
profits to obligations is subject to the priority of the pledge of
those profits to obligations issued and to be issued, and
guarantees made and to be made, pursuant to Chapter 166. of the
Revised Code.
(b) Moneys accruing to the state from the lease, sale, or
other disposition or use of revitalization projects or from the
repayment, including any interest, of loans or advances made from
net proceeds;
(c) Accrued interest received from the sale of obligations;
(d) Income from the investment of the special funds;
(e) Any gifts, grants, donations, or pledges, and receipts
therefrom, available for the payment of debt service.
(B) The issuing authority shall issue obligations of the
state to pay
costs of revitalization projects pursuant to division
(B)(2) of
Section 2o of Article VIII, Ohio Constitution, section
151.01 of
the Revised Code as applicable to this section, and this
section. The issuing authority, upon
the certification to it by
the clean Ohio council of the amount of
moneys needed in and for
the purposes of the clean Ohio revitalization
fund created by
section 122.658 of the Revised Code, shall issue
obligations in
the
amount determined by the issuing
authority to be required for
those purposes. The provisions and authorizations in section
151.01 of the Revised Code apply to the obligations and the bond
proceedings except as otherwise provided or provided for in those
obligations and bond proceedings.
(C) Net proceeds of obligations
shall be deposited in the
clean Ohio revitalization fund created in section 122.658 of the
Revised Code.
(D) There is hereby created the
revitalization projects
bond service fund, which shall be in the custody of the treasurer
of state, but shall be separate and apart from and not a part of
the state treasury. All money received by
the state and required
by the bond proceedings, consistent with
section 151.01 of the
Revised Code and this section, to be
deposited, transferred, or
credited to the bond service fund, and
all other money transferred
or allocated to or received for the
purposes of that fund, shall
be deposited and credited to the bond
service fund, subject to any
applicable provisions of the bond
proceedings, but without
necessity for any act of appropriation.
During the period
beginning with the date of the first issuance of
obligations and
continuing during the time that any obligations
are outstanding in
accordance with their terms, so long as moneys
in the bond service
fund are insufficient to pay debt service when
due on those
obligations payable from that fund, except the
principal amounts
of bond anticipation notes payable from the
proceeds of renewal
notes or bonds anticipated, and due in the
particular fiscal year,
a sufficient amount of pledged receipts is
committed and, without
necessity for further act of appropriation,
shall be paid to the
bond service fund for the purpose of paying
that debt service when
due.
(E) The issuing authority may pledge all, or such portion
as the issuing authority determines, of the pledged receipts to
the payment of the debt service charges on obligations issued
under this section, and for the establishment and maintenance of
any reserves, as provided in the bond proceedings, and make other
provisions in the bond proceedings with respect to pledged
receipts as authorized by this section, which provisions are
controlling notwithstanding any other provisions of law pertaining
to them.
(F) The issuing authority may covenant in the bond
proceedings, and such covenants shall be controlling
notwithstanding any other provision of law, that the state and
applicable officers and state agencies, including the general
assembly, so long as any obligations issued under this section are
outstanding, shall maintain statutory authority for and cause to
be charged and collected wholesale or retail prices for spirituous
liquor sold by the state or its agents so that the available
pledged receipts are sufficient in time and amount to meet debt
service payable from pledged liquor profits and for the
establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings.
(G) Obligations
may be further secured, as determined by
the issuing authority, by a trust agreement between
the state and
a corporate trustee, which may be
any trust company
or bank having
its principal place of business
within the state.
Any trust
agreement may contain the
resolution or
order authorizing the
issuance of the obligations,
any provisions
that may be contained
in any bond proceedings, and
other
provisions that are customary
or appropriate in an agreement
of that type, including, but not
limited to:
(1) Maintenance of each pledge, trust agreement, or other
instrument comprising part of the bond proceedings until
the state
has fully paid or provided for the payment of debt
service on the
obligations secured by it;
(2) In the event of default in any payments required to be
made by the bond proceedings, enforcement of those payments or
agreements by mandamus, the appointment of a receiver, suit in
equity, action at law, or any combination of them;
(3) The rights and remedies of the holders or owners of
obligations and of the trustee and provisions for protecting and
enforcing them, including limitations on rights of individual
holders and owners.
(H) The obligations shall not be
general obligations of the
state and the full faith and credit, revenue, and taxing power of
the state shall not be pledged to the payment of debt service on
them. The holders
or owners of the obligations shall have no right
to have any moneys obligated or
pledged for the payment of debt
services except as provided in
this section and in the applicable
bond proceedings. The rights
of the holders and owners to payment
of debt service are limited
to all or that portion of the pledged
receipts, and those special
funds, pledged to the payment of debt
service pursuant to the bond
proceedings in accordance with this
section, and each obligation
shall bear on its face a statement to
that effect.
Sec. 164.02. (A) The general assembly finds that public
infrastructure capital improvements are necessary to preserve the
public capital infrastructure of local subdivisions, ensure the
public health, safety, and welfare, create and preserve jobs,
enhance employment opportunities, and improve the economic
welfare
of the people of this state. Accordingly, it is declared
to be
the public policy of this state, through the operation of
this
chapter and pursuant to Sections 2k and 2m of Article VIII, Ohio
Constitution, to assist local subdivisions to finance public
infrastructure capital improvements. In furtherance of such
public policy and to implement such purpose, there is hereby
created the Ohio public works commission consisting of seven
members who shall be appointed as follows: two persons shall be
appointed by the speaker of the house of representatives; one
person shall be appointed by the minority leader of the house of
representatives; two persons shall be appointed by the president
of the senate; one person shall be appointed by the minority
leader of the senate; and one person from the private sector, who
shall have at least eight years experience in matters of public
finance, shall be appointed alternately by the speaker of the
house of representatives and the president of the senate, with
the
speaker of the house making the first appointment. The
director
of transportation, the director of environmental
protection, the
director of development,
the director of natural resources, and
the chairperson of the
Ohio water development authority shall be
nonvoting, ex officio
members of the commission. The initial
appointments made to the
commission by the minority leaders of the
senate and house of
representatives and one of the initial
appointments made by the
speaker of the house of representatives
and the president of the
senate shall be for terms ending December
31, 1989; one of the
initial appointments made by the speaker of
the house of
representatives and the president of the senate shall
be for
terms ending December 31, 1990; and the initial term of the
appointment to the commission
which
that is alternately made by
the
speaker of the house of representatives and the president of
the
senate shall be for a term ending December 31, 1989.
Thereafter,
terms of office shall be for three years, each term
ending on the
same day of the same month of the year as did the
term which it
succeeds. Each member shall hold office from the
date of
appointment until the end of the term for which
the member
is appointed. Members
may be reappointed one time. Vacancies
shall be filled
in the same manner provided for original
appointments. Any
member appointed to fill a vacancy occurring
prior to the
expiration date of the term for which the member's
predecessor was
appointed shall hold office for the remainder of
that term. A
member shall continue in office subsequent to 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 commission shall elect a chairperson, vice-chairperson,
and other officers as it considers advisable. Four members
constitute a quorum. Members of the commission shall serve
without compensation but shall be reimbursed for their actual and
necessary expenses incurred in the
performace
performance of
their
duties. (B) The Ohio public works commission shall: (1) Review and evaluate persons who will be recommended to
the governor for appointment to the position of director of the
Ohio public works commission, and, when the commission considers
it
appropriate, recommend the removal of a director; (2) Provide the governor with a list of names of three
persons who are, in the judgment of the commission, qualified to
be appointed to the position of director. The commission shall
provide the list, which may include the name of the incumbent
director to the governor, not later than sixty days prior to the
expiration of the term of such incumbent director. A director
shall serve a two-year term upon initial appointment, and
four-year terms
if subsequently reappointed by the governor;
however, the governor may remove
a director at any time following
the commission's recommendation of such
action. Upon the
expiration of a director's
term, or in the case of the
resignation, death, or removal of a
director, the commission shall
provide such list of the names of
three persons to the governor
within thirty days of such
expiration, resignation, death, or
removal. Nothing in this
section shall prevent the governor, in
the governor's
discretion, from
rejecting all of the nominees of
the commission and requiring the
commission to select three
additional nominees. However, when
the governor has requested and
received a second list of three
additional names, the governor
shall make the appointment from
one of the names on the first list
or the second list. Appointment by the
governor is subject to the
advice and consent
of the senate. In the case of the resignation, removal, or death of the
director during the director's term of office, a successor
shall
be chosen for the remainder of the term in the same manner as is
provided for an original appointment. (3) Provide oversight to the director and advise in the
development of policy guidelines for the implementation of this
chapter, and report and make recommendations to the general
assembly with respect to such implementation; (4) Adopt bylaws to govern the conduct of the commission's
business; (5) Appoint the members of the Ohio small government
capital
improvements commission in accordance with division (C)
of this
section. (C)(1) There is hereby created the Ohio small government
capital improvements commission. The commission shall consist of
ten members, including the director of transportation, the
director of environmental protection, and the
chairperson of the
Ohio water development authority as nonvoting, ex officio members
and seven voting members appointed by the Ohio public works
commission. Each such appointee shall be a member of a district
public works integrating committee who was appointed to the
integrating committee pursuant to the majority vote of the chief
executive officers of the villages of the appointee's
district or
by a majority of the boards of township trustees of the
appointee's district. (2) Two of the initial appointments shall be for terms
ending two years after March 29, 1988. The remaining initial
appointments shall be for terms ending three years after March
29,
1988. Thereafter, terms of office shall be for two years,
with
each term ending on the same date of the same month as did
the
term that it succeeds. Each member shall hold office from
the
date of appointment until the end of the term for which
the member
is
appointed. Vacancies shall be filled in the same manner
as
original appointments. Any member appointed to fill a vacancy
occurring prior to the expiration date of the term for which the
member's predecessor was appointed shall hold office as a member
for the remainder of that term. A member shall continue in office
subsequent to the expiration of the member's term until
the
member's successor
takes office or until a period of sixty days
has elapsed,
whichever occurs first. Members of the commission
may be
reappointed to serve two additional terms, except that no
member
appointed to an initial term of three years may be
reappointed to
more than one additional term. No more than two
members of the
commission may be members of the same district
public works
integrating committee. (3) The Ohio small government capital improvements
commission shall elect one
of its appointed members as chairperson
and another as vice-chairperson. Four
voting members of the
commission constitute a quorum, and the affirmative vote
of four
appointed members is required for any action taken by vote of the
commission. No vacancy in the membership of the commission shall
impair the right of a quorum by an affirmative vote of four
appointed members to exercise all rights and perform all duties
of
the commission. Members of the commission shall serve without
compensation, but shall be reimbursed for their actual and
necessary expenses incurred in the performance of their duties. (D) The Ohio small government capital improvements
commission shall: (1) Advise the general assembly on the development of
policy
guidelines for the implementation of this chapter,
especially as
it relates to the interests of small governments
and the use of
the portion of bond proceeds set aside for the
exclusive use of
townships and villages; (2) Advise the township and village subcommittees of the
various district public works integrating committees concerning
the selection of projects for which the use of such proceeds will
be authorized; (3) Affirm or overrule the recommendations of its
administrator made in accordance with section 164.051 of the
Revised Code concerning requests from townships and villages for
financial assistance for capital improvement projects. (E) Membership on the Ohio public works commission or the
Ohio small government capital improvements commission does not
constitute the holding of a public office. No appointed member
shall be required, by reason of section 101.26 of the Revised
Code, to resign from or forfeit membership in the general
assembly. Notwithstanding any provision of law to the contrary, a
county, municipal, or township public official may serve as a
member of the Ohio public works commission or the Ohio small
government capital improvements commission. Members of the commissions established by this section do
not
have an unlawful interest in a public contract under section
2921.42 of the Revised Code solely by virtue of the receipt of
financial assistance under this chapter by the local subdivision
of which they are also a public official or appointee. (F) The director of the
Ohio public works commission shall
administer
the small counties capital improvement program, which
is hereby created. The
program shall provide financial assistance
to county governments of counties
that have a population of less
than eighty-five thousand according to the most
recent decennial
census. Under the program, the director shall review and may
approve projects submitted by subcommittees of district public
works
integrating committees under division (E) of
section 164.06
of the Revised
Code. In approving projects, the director
shall be
guided by the provisions of division
(B) of that section, while
taking into
consideration the special capital improvement needs of
small counties.
Sec. 164.20. (A) Notwithstanding section 164.01 of the
Revised Code, as used in sections 164.20 to 164.28 of the Revised
Code, "local political subdivision" means a county, municipal
corporation, township, conservancy district, soil and water
conservation district, joint recreation district, park district,
or other similar park authority. (B) As used in sections 164.20 to 164.28 of the Revised
Code, "nonprofit organization" means an organization that has as
one of its purposes effectuating the preservation or restoration
of
natural resources or the preservation, creation, or
rehabilitation
of parks and recreation areas and that is exempt
from federal
income taxation pursuant to 26 U.S.C. 501(a) and
described in 26
U.S.C. 501(c). (C) For the purposes of sections 164.20 to 164.28 of the
Revised Code, the definition of "project" in section 164.01 of the
Revised Code does not apply.
Sec. 164.21. (A) Each district public works integrating
committee or, if applicable, the executive committee of the
integrating committee shall appoint a natural resources assistance
council
consisting of eleven members. Of the eleven members, one
shall be
a member of the appointing integrating committee and one
shall
represent a soil and water conservation district that is
located
within the geographical jurisdiction of the appointing
integrating
committee. The nine other members of the council
shall
be appointed from the following categories of organizations,
units of government, or agencies and shall include at least one
member from each of those categories:
(1) A county, municipal corporation, township, conservancy
district, regional or joint district or unit of local government,
or regional or joint political subdivision that is located within
the geographical jurisdiction of the appointing integrating
committee;
(2) A conservation organization, an environmental advocacy
organization, an organization with a primary interest in watershed
protection and restoration, the department of natural resources,
the environmental protection agency, or the United States natural
resources conservation service;
(3) A city park system or metropolitan park system or a
board of park commissioners from a county that is located within
the geographical jurisdiction of the appointing integrating
committee, a statewide parks and recreation organization, an
organization with a primary interest in the development of
recreational trails, or the United States national park service;
(4) A statewide organization representing agriculture, an
organization representing forestry interests, the department of
agriculture, or the United States department of agriculture;
(5) An organization representing business, local realtors,
or a planning agency, including a port authority, located within
the geographical jurisdiction of the appointing integrating
committee.
No organization, unit of government, or agency that is
listed in divisions (A)(1) to (5) of this section shall be
represented by more than one member on the council at any given
time. The membership of a natural resources assistance council
shall reflect the demographic and economic diversity of the
population located within the geographical area represented by the
council.
A council shall be appointed by the appropriate integrating
committee not later than sixty days after the effective date of
this section. Of the initial members appointed to the council,
four shall be appointed for one year, four shall be appointed for
two years, and three shall be appointed for three years.
Thereafter, terms of office for members of the council shall be
for three years, with each term ending on the same day of the same
month as did the term that it succeeds. Each member shall hold
office from the date of appointment until the end of the term for
which the member is appointed, except that, with respect to any
member who is an elected or appointed official of a township,
municipal corporation, or county, the term of office for that
person on the council shall not extend beyond the member's term as
an elected or appointed official.
Members may be reappointed. Vacancies shall be filled in
the same manner 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
subsequent to 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. Members may be removed by the
district public works integrating committee for misfeasance,
malfeasance, or nonfeasance in office.
(B) A natural resources assistance council shall elect a
chairperson, a vice-chairperson,
and other officers that the
council considers
appropriate. A council may adopt bylaws
governing its operation,
including bylaws that establish the
frequency of regular meetings and any necessary procedures.
All
meetings of a council are subject to section 121.22 of the
Revised
Code.
(C) Serving as a member of a natural resources assistance
council under this section does not constitute holding a public
office or position of employment under the laws of this state and
does not confer a right to compensation from any agency of this
state.
A member of a natural resources assistance council does not
have an unlawful interest in a public contract under section
2921.42 of the Revised Code solely by virtue of the receipt of
financial assistance under sections 164.20 to 164.27 of the
Revised Code by
the local political subdivision of which the
member is also a
public official or appointee. (D) Sections 101.82 to 101.87 of the Revised Code do not
apply to natural resources assistance councils.
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 any of the following: (A) Provide for open space acquisition and related
development of those open spaces, including the aquisition 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,
avoidance of the effects of sprawl, 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 public transportation and 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) 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) The reduction or elimination of nonnative, invasive
species of plants or animals;
(9) 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, especially in
communities that are experiencing sprawl;
(6) The restoration and preservation of aquatic biological
communities.
Projects shall not initiate or perpetuate
hydromodification
projects such as dams, ditch development, or
channelization. (C) Construct or enhance trails for walking, hiking,
bicycling, horseback riding, or any other
recreational purpose
that is beneficial to the community in which
a trail is to be
constructed or enhanced. Grants may be used for
the planning and
development of a trail and the acquisition of
land for the trail.
Projects proposed pursuant to division (C) of this section shall
emphasize the following:
(1) Synchronization with the statewide trail plan;
(2) Complete regional systems and links to the statewide
trail system;
(3) A combination of funds from various state agencies;
(4) The provision of links in urban areas that support
commuter access and show economic impact on local communities;
(5) The linkage of population centers with public outdoor
recreation areas and facilities;
(6) The purchase of rail lines that are linked to the
statewide trail plan;
(7) The preservation of natural corridors. Grant moneys may be used for incidental 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 geographic 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, the state, 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, 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) A copy of a resolution supporting the project from the
county, municipal corporation, or township in which the proposed
project is to be conducted; (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) 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. 164.24. (A) A natural resources assistance council
shall review each application for a grant submitted under section
164.23 of the Revised Code. In reviewing
an application and for
the purpose of determining whether to
approve or disapprove the
application, a council shall consider
all of the following
criteria:
(1) Whether the project emphasizes the factors specified in
division (A), (B), or (C) of section 164.22 of the Revised Code; (2) The amount of funding that is necessary for the
completion of the project;
(3) The amount and percentage of the matching funds provided
under the proposal;
(4) The level of coordination among local political
subdivisions, state agencies, federal agencies, community
organizations, and local business groups;
(5) The level of coordination 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;
(6) The relative economic, social, and environmental
benefits that the proposed project will bring to the geographical
area represented by the council as compared to other proposed
projects;
(7) Whether the project incorporates more than one purpose
for which grant moneys may be used as specified in section 164.22
of the
Revised Code; (8) Whether the general public will be given access to the
project area upon the completion of the project; (9) Whether the project will comply with all of the
requirements established in sections 164.20 to 164.27 of the
Revised Code; (10) The readiness of the applicant to proceed with the
project; (11) Any other factors that are relevant to the project. (B) A natural resources assistance council shall establish a
prioritization and selection methodology system for applications
submitted under section 164.23 of the Revised Code. The
methodology shall be submitted to and approved by the director of
the Ohio public works commission. (C) In accordance with the methodology established and
approved under division (B) of this section, a natural
resources
assistance council shall approve or disapprove an
application for
a grant submitted to it after consideration of all
of the criteria
specified in divisions (A)(1) to (11) of this
section. If the
council approves an application, the council
shall submit a copy
of the application, along with all
accompanying materials, to the
Ohio public works commission for final approval or disapproval.
Sec. 164.25. The director of the Ohio public works commission
shall approve applications for grants submitted under sections
164.20 to 164.27 of the Revised Code if all of the following
apply: (A) The approval of the application by the applicable
natural resources assistance council was reasonably based on the
criteria specified in divisions (A)(1) to (11) of section 164.24
of the Revised Code. (B) The application for a grant and the proposed project for
which the grant is to be used comply with all other requirements
of sections 164.20 to 164.27 of the Revised Code. (C) The amount of the financial assistance, when added to
all other financial assistance provided during the calendar year
for projects within the district for which a natural resources
assistance council was appointed, does not exceed that district's
allocation of money from the clean Ohio conservation fund
under
section 164.27 of the Revised Code.
Sec. 164.26. (A) The director of the Ohio public works
commission shall
establish policies related to the need for
long-term
ownership, or long-term control through a lease or the
purchase of
an easement, of real property that is the subject of
an
application for a grant under sections 164.20 to 164.27 of the
Revised Code and establish requirements for documentation to be
submitted by grant applicants that is necessary for the proper
administration of this division. The policies shall provide for
proper penalties, including
grant repayment, for entities that
fail to comply with the
long-term ownership or control
requirements established under this division. The director also shall adopt policies delineating what
constitutes administrative costs for purposes of division (F) of
section 164.27 of the Revised Code. (B) The Ohio public works commission shall administer
sections 164.20 to 164.27 of the Revised Code and shall exercise
any authority and use any procedures granted or established under
sections 164.02 and 164.05 of the Revised Code that are necessary
for that purpose.
Sec. 164.27. (A) The clean Ohio conservation fund is
hereby
created in the state treasury. The net proceeds of obligations
issued and sold by the issuing authority pursuant to section
151.09 of the Revised Code shall be deposited into the fund.
Investment earnings of the fund shall be credited to the fund.
Investment earnings credited to the fund that exceed the amounts
required to meet estimated federal arbitrage rebate requirements
shall be used to pay costs incurred by the Ohio public works
commission in administering sections 164.20 to 164.27 of the
Revised Code. (B) Eighty-seven and one-half per cent of the 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. Twelve and one half per cent of the moneys
in the clean Ohio conservation fund shall be used by the director
of agriculture for the same purposes as moneys deposited in the
agricultural easement purchase fund created in section 901.21 of
the Revised Code. Moneys from the clean Ohio conservation fund
shall be used for those purposes, when needed, upon the request of
and as directed by the director of agriculture. The clean Ohio
conservation fund
shall be administered by the Ohio public works
commission. (C) 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. (D) 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, the state, 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. (E) 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. (F) 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.
Sec. 164.28. (A) Decisions of the Ohio public works
commission, district public
works integrating committees, and
natural resources assistance
councils concerning applications for
grants under sections 164.20
to 164.27 of the Revised Code are
effective without a prior
hearing
under Chapter 119. of the
Revised Code and are not
appealable under that chapter or under
any other provision of the
Revised Code. (B) Nothing in sections 164.20 to 164.27 of the Revised Code
shall create or be construed as creating a cause of action
against
any member, officer, or employee of the Ohio public works
commission, district public
works
integrating committees, or
natural resources assistance
councils
or a substantive legal right
in favor of any applicant
for a grant
under those sections.
Sec. 317.08. Except as provided in division (F) of this
section, the county recorder shall keep six separate sets
of
records as follows: (A) A record of deeds, in which shall be recorded all
deeds
and other instruments of writing for the absolute and
unconditional sale or conveyance of lands, tenements, and
hereditaments; all notices as provided for in sections 5301.47 to
5301.56 of the Revised Code; all judgments or decrees in actions
brought under section 5303.01 of the Revised Code; all
declarations and bylaws as provided for in Chapter 5311. of the
Revised Code; affidavits as provided for in section 5301.252 of
the Revised Code; all certificates as provided for in section
5311.17 of the Revised Code; all articles dedicating
archaeological preserves accepted by the director of the Ohio
historical society under section 149.52 of the Revised Code; all
articles dedicating nature preserves accepted by the director of
natural resources under section 1517.05 of the Revised Code; all
agreements for the registration of lands as archaeological or
historic landmarks under section 149.51 or 149.55 of the Revised
Code; all conveyances of conservation easements and agricultural
easements
under section
5301.68 of the Revised Code; all
instruments extinguishing agricultural
easements under section
901.21 or 5301.691 of the Revised Code or pursuant to
terms of
such an easement granted to a charitable organization under
section
5301.68 of the Revised Code; all instruments or orders
described
in division (B)(1)(c)(ii) of section 5301.56 of the
Revised Code;
all no further action letters issued under section
122.654 or 3746.11 of the
Revised Code;
all covenants not to sue
issued under section
3746.12 of the
Revised Code, including all
covenants
not to sue issued pursuant to section 122.654 of the
Revised Code;
any restrictions on the use of property contained in
a no further
action letter issued under section 122.654 of the
Revised Code and any restrictions on the use of
property
identified
pursuant to division (C)(3) of section
3746.10 of the
Revised
Code; all memoranda of trust, as
described in division (A)
of
section 5301.255 of the Revised
Code, that describe specific
real
property; and all agreements
entered into under division (A)
of
section 1521.26 of
the Revised Code; (B) A record of mortgages, in which shall be recorded all
of
the following: (1) All mortgages, including amendments, supplements,
modifications, and extensions of mortgages, or other instruments
of writing by which lands, tenements, or hereditaments are or may
be mortgaged or otherwise conditionally sold, conveyed, affected,
or encumbered; (2) All executory installment contracts for the sale of
land
executed after September 29, 1961, that by their terms are
not
required to be fully performed by one or more of the parties
to
them within one year of the date of the contracts; (3) All options to purchase real estate, including
supplements, modifications, and amendments of the options, but no
option of that nature shall be recorded if it does not state a
specific day and year of expiration of its validity; (4) Any tax certificate sold under section 5721.33 of the
Revised Code,
or memorandum
thereof, that is presented for filing
of record. (C) A record of powers of attorney, including all
memoranda
of trust, as described in division (A) of section
5301.255 of the
Revised Code, that do not describe specific real
property; (D) A record of plats, in which shall be recorded all
plats
and maps of town lots, of the subdivision of town lots, and
of
other divisions or surveys of lands, any center line survey of
a
highway located within the county, the plat of which shall be
furnished by the director of transportation or county engineer,
and all drawings as provided for in Chapter 5311. of the Revised
Code; (E) A record of leases, in which shall be recorded all
leases, memoranda of leases, and supplements, modifications, and
amendments of leases and memoranda of leases; (F) A record of declarations
executed pursuant to section
2133.02 of the
Revised Code
and durable powers of attorney for
health care executed pursuant to section
1337.12 of the Revised
Code. All instruments or memoranda of instruments entitled to
record shall be recorded in the proper record in the order in
which they are presented for record. The recorder may index,
keep, and record in one volume unemployment compensation liens,
internal revenue tax liens and other liens in favor of the United
States as described in division (A) of section 317.09 of the
Revised Code, personal tax liens, mechanic's liens, agricultural
product liens, notices of liens, certificates of satisfaction or
partial release of estate tax liens, discharges of recognizances,
excise and franchise tax liens on corporations, broker's liens,
and liens
provided for in sections 1513.33, 1513.37, 3752.13,
5111.021, and
5311.18
of the Revised Code. The recording of an option to purchase real estate,
including
any supplement, modification, and amendment of the
option, under
this section shall serve as notice to any purchaser
of an interest
in the real estate covered by the option only
during the period of
the validity of the option as stated in the
option. (G) In lieu of keeping the six separate
sets of records
required in divisions (A) to (F) of this section and the
records
required in division (H) of this section, a county
recorder may
record all the instruments required to be recorded by this
section
in two separate sets of record books. One set shall be
called the
"official records" and shall contain the instruments
listed in
divisions (A), (B), (C), (E), (F), and
(H) of this section. The
second set of records shall
contain the instruments listed in
division (D) of this section. (H) Except as provided in division (G)
of this section, the
county recorder shall keep a separate set of records
containing
all corrupt activity lien notices filed with the
recorder pursuant
to section 2923.36 of the Revised Code and a
separate set of
records containing all medicaid fraud lien
notices filed with the
recorder pursuant to section 2933.75 of
the Revised Code.
Sec. 901.21. (A) As used in this section and section 901.22
of
the
Revised Code: (1)
"Agricultural
easement" has the same meaning
as in
section 5301.67 of the
Revised Code. (2)
"Agriculture" means those activities occurring on land
devoted
exclusively to agricultural use, as defined in section
5713.30 of the Revised Code, or on land that constitutes a
homestead.
(3) "Homestead" means the portion of a farm on which is
located a dwelling house, yard, or outbuildings such as a barn or
garage. (B) The director of agriculture may acquire real property
used
predominantly in agriculture and agricultural easements by
gift, devise, or bequest if, at the time an easement is granted,
such
easements are
an easement is 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
when
the easement is granted
or that constitutes a homestead.
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. The director, by any such
means
or by
purchase or lease, may acquire, or acquire
the use of,
stationary
personal property or equipment that is located on land
acquired in
fee by the director under this section and that is
necessary or
appropriate for the use of the land predominantly in
agriculture. (C) The director may do
all things necessary or appropriate
to retain the use of real property
acquired
in fee under
division
(B) of this section
predominantly in agriculture, including,
without limitation,
performing any of the activities described in
division (A)(1) or (2)
of section 5713.30 of
the Revised Code or
entering into contracts
to lease or rent the real property so
acquired to persons or
governmental entities that will use the
land predominantly in
agriculture. (D)(1) When the director
considers it to be necessary or
appropriate, the director may
sell real property acquired in fee,
and stationary personal
property or equipment acquired by gift,
devise, bequest, or
purchase, under division (B) of
this section
on such terms as the director considers to be
advantageous to this
state. (2) An agricultural easement acquired 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. (E) There is hereby
created in the state treasury the
agricultural
easement purchase fund. The fund shall consist of
the proceeds
received from the sale of real and personal property
under
division (D) of this section;
moneys received due to the
extinguishment of agricultural
easements acquired by the director
under division
(B) of this section or section
5301.691 of the
Revised
Code; moneys received due to
the extinguishment of
agricultural easements
purchased with the assistance of matching
grants made under
section 901.22 of the Revised
Code; gifts,
bequests, devises,
and contributions received by the director for
the purpose of
acquiring agricultural easements; and grants
received from
public or private
sources for the purpose of
purchasing
agricultural easements. The
fund shall
be administered
by the
director, and moneys in the fund
shall be
used by the
director
exclusively to purchase
agricultural
easements under
division
(A)
of section 5301.691 of the
Revised
Code and provide
matching
grants
under section 901.22 of the
Revised Code to
municipal
corporations, counties,
townships, and
charitable
organizations
for
the purchase of agricultural
easements. Money
in the fund
shall be used only
to purchase
agricultural easements
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
purchased.
(F) The term of an agricultural
easement purchased wholly
or
in part with money from the clean Ohio conservation fund created
in section 164.27 of the Revised Code
shall be perpetual and shall
run with the land.
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
conservation fund created in section 164.27 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 that
is the subject of an application to other agricultural land 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 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)
Any
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
easements
easement purchase fund
created in section
901.21 of the
Revised Code 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 conservation fund created in section 164.27 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)(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. 5301.67. As used in sections 5301.67 to 5301.70 of
the
Revised Code: (A) "Conservation easement" means an incorporeal
right or
interest in land that is held for the public purpose of
retaining
land, water, or wetland areas predominantly in their
natural,
scenic, open, or wooded condition,
including, without limitation,
the use of land in agriculture when
consistent with and in
furtherance of the purpose of retaining those areas in
such a
condition, or retaining their use predominantly as suitable
habitat for fish, plants, or wildlife; that
imposes any
limitations on the use or development of the areas that are
appropriate at the time of creation of the conservation easement
to achieve one or more of those purposes; and that includes
appropriate provisions for the holder to enter the property
subject to the easement at reasonable times to ensure compliance
with its provisions. (B) "Agriculture" means those activities occurring on land
devoted exclusively to agricultural use, as defined in section
5713.30 of the Revised Code, or on land that constitutes a
homestead. (C) "Agricultural easement" means
an incorporeal right or
interest in land that is held for
the public purpose of retaining
the use of land predominantly in
agriculture; that imposes any
limitations on the use or
development of the land that are
appropriate at the time of
creation of the easement to achieve
that purpose;
that is in the form of articles of dedication,
easement,
covenant, restriction, or condition; and that includes
appropriate provisions for the holder to enter the property
subject to the easement at reasonable times to ensure compliance
with its provisions.
(D) "Homestead" means the portion of a farm on which is
located a dwelling house, yard, or outbuildings such as a barn or
garage.
Sec. 5301.68. An owner of land
may grant a conservation
easement to the
department of natural resources, a park district
created under Chapter 1545.
of the Revised Code, a township
park
district created under section 511.18 of
the Revised Code, a
conservancy district created under Chapter 6101. of the
Revised
Code, a soil and water conservation district created under Chapter
1515. of the Revised Code, a county, a township, a municipal
corporation, or a
charitable organization that is authorized to
hold conservation easements by
division (B) of section 5301.69 of
the Revised Code, in the form of
articles
of dedication, easement,
covenant, restriction, or condition. An owner of
land also may
grant an agricultural easement to the director of
agriculture;
to
a municipal corporation, county, or township; or to a charitable
organization described in division
(B) of section 5301.69 of the
Revised Code. An owner of land may grant an
agricultural easement
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. All conservation easements and agricultural easements shall
be executed
and recorded in the same manner
as other instruments
conveying interests in land.
Sec. 5301.69. (A) The director of natural resources, the
board of park
commissioners of a park
district created under
Chapter 1545. of the Revised Code, the
board of park commissioners
of a township park district created under section
511.18 of the
Revised Code, the
board of directors of a conservancy district
created under Chapter 6101. of
the Revised Code, the board of
supervisors of a soil and water conservation
district created
under Chapter 1515. of the Revised Code, the board of county
commissioners of a county, the board of township trustees of a
township, or the legislative authority of a municipal corporation
may
acquire conservation easements in the name of the state, the
district, or the county, township, or municipal corporation in
the
same manner as other interests in land may be acquired under
section 307.02, 307.18, 505.10, 505.261, 511.23, 717.01, 1501.01,
1515.08,
1545.11, or 6101.15 of the Revised Code.
Each
officer,
board, or authority acquiring a conservation easement shall
name
an appropriate administrative officer, department, or division to
supervise and enforce the easement. (B) A charitable organization may acquire and hold
conservation easements if it is exempt from federal taxation
under
subsection 501(a) and is described in subsection 501(c) of
the
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1,
as
amended, and organized for any of the
following purposes: the
preservation of land areas for public
outdoor recreation or
education, or scenic enjoyment; the
preservation of historically
important land areas or structures;
or the protection of natural
environmental systems. Such a charitable
organization also may
acquire and hold agricultural easements subject to the
limitation
that it may do so 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.
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 conservation fund created in section
164.27 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. (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
created in section 901.21 of the Revised
Code. 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 126.11, 151.01, 164.02,
317.08,
901.21, 901.22, 5301.67, 5301.68, 5301.69, and
5301.691 of
the Revised Code are hereby
repealed.
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