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(127th General Assembly)
(Substitute House Bill Number 233)
AN ACT
To enact sections 122.23, 122.24, 122.25, 122.26, and
122.27 of the Revised Code and to amend Sections
384.10 and 757.03 of Am. Sub. H.B. 119 of the
127th General Assembly to revive the Rural
Industrial Parks Loan Program, to make changes
regarding the Local Government Service
Collaboration Grant Fund Program, and to create
the Ohio Agriculture to Chemicals,
Polymers, and
Advanced Materials Task Force.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 122.23, 122.24,
122.25, 122.26, and
122.27 of the Revised Code be enacted to read
as follows:
Sec. 122.23. As used in sections 122.23 to 122.27 of the
Revised Code:
(A)
"Distressed area" means a county with a population of
less
than one hundred twenty-five thousand that meets at least two
of the
following criteria of economic distress:
(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) 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.
(B)
"Eligible applicant" means
any of the following that is
designated by the governing
body of an eligible area as provided
in division (B)(1) of section
122.27 of the Revised Code:
(1) A port authority as defined in division (A) of section
4582.01 or division (A) of section 4582.21 of the Revised Code;
(2) A community improvement corporation as defined in
section
1724.01 of
the Revised Code;
(3) A community-based organization or action group that
provides social
services and has experience in economic
development;
(4) Any other nonprofit economic development entity;
(5) A private developer that previously has not received
financial
assistance under section 122.24 of the Revised Code
and
that has experience and a successful
history in industrial
development.
(C)
"Eligible area"
means a distressed area, a labor surplus
area, or a situational distress area,
as designated annually by
the director
of development pursuant to division (A) of section
122.25 of the Revised Code.
(D)
"Labor surplus area" means an area designated as a labor
surplus area by the United States department of labor.
(E)
"Official poverty line" has the same meaning as in
division
(A) of section 3923.51 of the Revised Code.
(F)
"Situational distress area" means a county that has a
population of less than one hundred twenty-five thousand,
or a
municipal corporation in such a county, that has experienced
or is
experiencing a closing or downsizing of a
major employer
that will
adversely affect the county's or municipal
corporation's
economy.
In order to be designated as a situational distress
area
for a
period not to exceed thirty-six months, the county or
municipal
corporation may petition the
director of development.
The petition
shall include documentation that
demonstrates all of
the
following:
(1) The number of jobs lost by the closing or
downsizing;
(2) The impact that the job loss has on the county's 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 the
suppliers located in the rural county or municipal corporation.
(G)
"Governing body" means, in the case
of a county, the
board of county commissioners; in the case of a municipal
corporation, the legislative authority; and in the case of a
township, the
board of township trustees.
(H)
"Infrastructure improvements"
includes site preparation,
including building demolition
and removal; retention ponds and
flood and drainage improvements; streets,
roads, bridges, and
traffic control devices; parking lots and facilities;
water and
sewer lines and treatment plants; gas, electric, and
telecommunications hook-ups; and waterway and railway access
improvements.
(I)
"Private developer" means any individual, firm,
corporation,
or entity, other than a nonprofit entity, limited
profit entity, or
governmental entity.
Sec. 122.24. To promote economic development in rural areas
and to improve the economic welfare of the people of the state,
the director
of development shall administer the rural industrial
park loan program, which
is hereby established in accordance with
Ohio Constitution,
Article VIII, Section 13, to assist eligible
applicants in
financing the development and improvement of
industrial parks by providing
financial assistance in the form of
loans and loan guarantees for land
acquisition; constructing,
reconstructing, rehabilitating, remodeling,
renovating, enlarging,
or improving industrial park buildings; and
infrastructure
improvements.
This program shall not be used to compete against existing
Ohio industrial parks.
An eligible applicant receiving assistance under the rural
industrial
park program is not precluded from further
participation in this or any other
department of development
financial program, except that a private
developer that previously
has received financial assistance under this section
is precluded
from further participation in the rural industrial park loan
program.
Sec. 122.25. (A) In administering the program
established
under section 122.24 of the Revised
Code, the director of
development shall do all of the
following:
(1) Annually designate, by the first day of January of
each
year, the entities that constitute the eligible areas in this
state as
defined in section 122.23 of the Revised Code;
(2) Inform local governments and others in the state of
the
availability of the program and financial assistance
established
under sections 122.23 to 122.27 of the
Revised Code;
(3) Report to the governor, president of the
senate, speaker
of the house of representatives, and minority leaders of the
senate and the house of representatives by the
thirtieth day of
June of each year on the activities
carried out under the program
during the preceding calendar
year. The report shall include the
number of loans made that year and the
amount and recipient of
each loan.
(4) Work in conjunction with conventional lending
institutions, local
revolving loan funds, private investors, and
other
private and public financing sources to provide loans or
loan guarantees to
eligible applicants;
(5) Establish fees, charges, interest rates, payment
schedules, local
match requirements, and other
terms and
conditions for loans and loan guarantees provided under the
program;
(6) Require each applicant to demonstrate the suitability of
any site for
the assistance sought; that the site has been
surveyed, that the site has adequate or
available utilities, and
that there are
no zoning restrictions, environmental
regulations,
or other
matters impairing the use of the site for the purpose
intended;
(7) Require each applicant to provide a marketing plan and
management
strategy for the project;
(8) Adopt rules establishing all of the following:
(a) Forms and procedures by which eligible
applicants may
apply for assistance;
(b) Criteria for reviewing, evaluating, and
ranking
applications, and for approving applications that best serve the
goals
of the program;
(c) Reporting requirements and monitoring
procedures;
(d) Guidelines regarding situations in which industrial
parks
would be
considered to compete against one another for the
purposes of division
(B)(2) of section 122.27 of the Revised Code;
(e) Any other rules necessary to implement and
administer
the
program.
(B) The director may adopt rules establishing requirements
governing
the
use of any industrial park site receiving assistance
under section
122.24
of the Revised
Code, such that a certain
portion of the
site
must be used for manufacturing, distribution,
high
technology, research and
development, or other businesses
wherein
a majority of the product or service
produced is exported
out of
the state.
(C) As a condition of receiving assistance under section
122.24
of the Revised Code, and except as provided in division
(D)
of this section, an applicant shall agree, for a period of five
years, not to permit the use of a site that is developed or
improved with such
assistance to cause the relocation of jobs to
that site from elsewhere in
the state.
(D) A site developed or improved with
assistance under
section 122.24 of the Revised
Code may be the site of jobs
relocated from
elsewhere in the state if the director of
development
does all of the following:
(1) Makes a written determination that the site from which
the jobs would
be relocated is inadequate to
meet market or
industry conditions, expansion plans, consolidation plans, or
other business considerations affecting the relocating employer;
(2) Provides a copy of the determination
required by
division
(D)(1) of this section to
the members of the general
assembly
whose legislative districts include the
site from which
the jobs
would be relocated;
(3) Determines that the governing body of the area from
which
the jobs
would be relocated has been notified in writing by
the
relocating company of
the possible relocation.
(E) The director of development shall obtain the approval of
the
controlling board for any loan or loan guarantee provided
under sections
122.23 to 122.27 of the Revised Code.
Sec. 122.26. The rural industrial park loan fund is hereby
created in the state treasury for the purposes of the program
established under section 122.24 of the Revised
Code. The
director
of development shall deposit money
received for the
purposes of
that section to the credit of the
fund. The amount of
the fund
shall not exceed ten million dollars.
Sec. 122.27. (A) In order to be eligible for
financial
assistance under section 122.24 of the
Revised Code, an applicant
shall
demonstrate to the director of
development the applicant's
capacity to undertake and oversee the project, as
evidenced by
documentation of the applicant's past performance in
economic
development projects.
(B) In order for an applicant to be eligible for
financial
assistance under section 122.24 of the Revised
Code, both of the
following apply:
(1) The governing body of the entity that has been
designated
as an
eligible area by the director of development
under division
(A) of
section 122.25 of the Revised Code, by
resolution or
ordinance, shall designate the applicant that will
carry out the
project for
the purposes described in section 122.24
of the
Revised
Code and specify the eligible area's financial
participation in the
project.
(2) The board of county commissioners of a county that has
been designated
as an eligible area by the director of development
under division
(A)(1)
of section 122.25 of the Revised Code shall
certify,
by resolution, that no existing
industrial park is
located in the county that would compete against an
industrial
park that would be developed and improved in the county through
the
use of financial assistance provided to the applicant under
the rural
industrial park loan program. Guidelines regarding
situations in which
industrial parks would be considered to
compete against one another shall be
established by rule in
accordance with division
(A)(8)(d) of section
122.25 of the
Revised Code.
(C) Solely for the purpose of applying
for assistance for
infrastructure improvements, a governing body may designate
itself
as an eligible applicant.
SECTION 2. (A) There is herby created the Ohio Agriculture to
Chemicals, Polymers, and Advanced Materials Task Force, which
shall consist of thirteen members as follows:
(1) Three members of the House of Representatives appointed
by the Speaker of the House of Representatives, two of whom shall
be members of the majority party and one of whom shall be a member
of the minority party;
(2) Three members of the Senate appointed by the President of
the Senate, two of whom shall be members of the majority party and
one of whom shall be a member of the minority party;
(3) A representative of the Ohio Chemistry Technology Council
appointed by the Speaker of the House of Representatives;
(4) A representative of Polymer Ohio appointed by the Speaker
of the House of Representatives;
(5) A representative of the Ohio BioProducts Innovation
Center appointed by the President of the Senate;
(6) A representative of the Ohio Farm Bureau Federation
appointed by the President of the Senate;
(7) A representative of the Department of Agriculture
appointed by the Director of Agriculture;
(8) A representative of the Department of Development
appointed by the Director of Development;
(9) The energy advisor to the Governor appointed by the
Governor.
Appointments shall be made, and the Task Force shall hold its
first meeting, not later than fifteen days after the effective
date of this section. The representative
of the Department of
Agriculture shall appoint a chairperson, and
the Task Force shall
elect from its members a vice-chairperson.
(B) Not later than four months after the effective date of
this section, the Ohio Agriculture to
Chemicals, Polymers, and
Advanced Materials Task Force shall
submit a report to the
General Assembly and the Governor. The
report shall do all of the
following:
(1) Provide an overview of the agriculture industry and the
specialty chemicals and polymer industry in this state;
(2) Describe the conditions of and trends in those industries
in this state;
(3) Identify and describe potential alignments between the
agricultural industry and the specialty chemicals and polymer
industry in this state;
(4) Include recommendations to the General Assembly for
expanding the agriculture industry and the specialty chemicals and
polymer industry in this state and for providing methods to
increase alignments between those industries.
Following submission of the report, the Task Force shall
cease to exist.
SECTION 3. That sections 384.10 and 757.03 of Am. Sub. H.B.
119 of the 127th General Assembly be amended to read as follows:
Sec. 384.10. LOCAL GOVERNMENT SERVICES COLLABORATION
GRANT
PROGRAM
(A) The Director of Development shall administer a Local
Government Services Collaboration Grant Program. The Director may
adopt rules under section 111.15 of the Revised Code and do all
things necessary for that purpose.
(B) There is hereby created in the State Treasury the Local
Government Services Collaboration Grant Fund (Fund 088). The fund
shall consist of all cash deposited into it pursuant to Section
757.03 of this act Section 5 of Sub. H.B. 233 of the 127th General
Assembly. The fund shall be used by the Director of
Development
in administering the Local Government Services
Collaboration
Grant Program.
(C) The foregoing appropriation item 110-900, Local
Government Services Collaboration, shall be used by the Director
of Development to administer the Local Government Services
Collaboration Grant Program. Moneys shall be used to provide
grants to counties, municipal corporations, and townships that are
interested in combining the provision of local government services
with those of other counties, municipal corporations, or
townships. Individual grant awards shall be used solely for the
cost of conducting a feasibility study that addresses whether, and
in what manner, counties, municipal corporations, and townships
may combine their respective provision of local government
services.
Individual grants shall be available on a competitive basis
to a county, municipal corporation, or township that proposes to
combine its provision of local government services with those of
at least two other counties, municipal corporations, or townships,
or with any combination of at least two other counties, municipal
corporations, or townships. Grants shall be awarded according to
the following formula:
(1) For a total of, or for any combination of, three
counties, municipal corporations, or townships, the grant shall be
equal to fifty per cent of the total cost of the feasibility
study, or not more than $30,000;
(2) For a total of, or for any combination of, four counties,
municipal corporations, or townships, the grant shall be equal to
sixty per cent of the total cost of the feasibility study, or not
more than $40,000;
(3) For a total of, or for any combination of, five counties,
municipal corporations, or townships, the grant shall be equal to
seventy per cent of the total cost of the feasibility study, or
not more than $50,000;
(4) For a total of, or for any combination of, six counties,
municipal corporations, or townships, the grant shall be equal to
eighty per cent of the total cost of the feasibility study, or not
more than $60,000;
(5) For a total of, or for any combination of, seven
counties, municipal corporations, or townships, the grant shall be
equal to ninety per cent of the total cost of the feasibility
study, or not more than $70,000;
(6) For a total of, or for any combination of, eight or more
counties, municipal corporations, or townships, the grant shall be
equal to the total cost of the feasibility study, or not more than
$80,000.
(D) Of the foregoing appropriation item 110-900, Local
Government Services Collaboration, not more than $100,000 over the
biennium may be used by the Department of Development for
operating expenditures in administering the Local Government
Services Collaboration Grant Program.
(E) Applicants for funding under the Local Government
Services Collaboration Grant Program are encouraged to utilize the
services of state-funded colleges and universities to conduct the
feasibility studies referenced under this section.
(F) As used in this section, "local government services"
means services typically provided by a county, municipal
corporation, or township for the health, safety, and well-being of
community residents and includes, but is not limited to, police
and fire protection, 9-1-1 emergency service, trash collection,
snow removal, road repair, and the provision of public utilities
such as water and sewer services.
(G) On or before June 30, 2008, the unencumbered balance of
the foregoing appropriation item 110-900, Local Government
Services Collaboration, for fiscal year 2008 is hereby
appropriated for the same purpose for fiscal year 2009.
Sec. 757.03. (A) Beginning in July 2007 and ending in
November 2007, on or before the seventh day of each month, the Tax
Commissioner shall determine and certify to the Director of Budget
and Management the amount to be credited from each tax source
under divisions (B), (C), and (D) of this section to the Local
Government Fund, the Library and Local Government Support Fund,
and the Local Government Revenue Assistance Fund.
(B) Notwithstanding sections 5727.45, 5727.84, 5733.12,
5739.21, 5741.03, and 5747.03 of the Revised Code or any other
provision of law to the contrary, for each month in the period
beginning July 1, 2007, and ending November 30, 2007, tax revenues
credited to the Local Government Fund, the Library and Local
Government Support Fund, and the Local Government Revenue
Assistance Fund under those sections shall instead be credited as
follows:
(1) An amount shall first be credited to the Local Government
Fund as prescribed under division (C) of this section;
(2) An amount shall next be credited to the Local Government
Revenue Assistance Fund as prescribed under division (C) of this
section;
(3) An amount shall next be credited to the Library and Local
Government Support Fund as prescribed under division (D) of this
section.
In December 2007, an amount totaling $1,000,000 shall be
credited from amounts otherwise scheduled to be credited to the
Local Government Fund to the Local Government Services
Collaboration Grant Fund established under section 384.10 of this
act.
(C) Receipts from the corporation franchise, sales and use,
public utility excise, kilowatt-hour, and personal income taxes
shall be credited to the Local Government Fund and the Local
Government Revenue Assistance Fund as follows:
(1) In July 2007, the amount that was credited in July 2006;
(2) In August 2007, the amount that was credited in August
2006;
(3) In September 2007, the amount that was credited in
September 2006;
(4) In October 2007, the amount that was credited in October
2006;
(5) In November 2007, the amount that was credited in
November 2006.
(D) Receipts from the personal income tax shall be credited
to the Library and Local Government Support Fund as follows:
(1) In July 2007, the amount that was credited in July 2006;
(2) In August 2007, the amount that was credited in August
2006;
(3) In September 2007, the amount that was credited in
September 2006;
(4) In October 2007, the amount that was credited in October
2006;
(5) In November 2007, the amount that was credited in
November 2006, except that the amount credited to the Local
Government Fund from personal income tax revenue shall be reduced
by an additional $1,000,000 and this reduction shall be borne
entirely by the countywide nontownship and nonvillage distribution
in January 2008.
(E)(1) To the extent the amounts required to be credited to
the Local Government Fund, the Library and Local Government
Support Fund, and the Local Government Revenue Assistance Fund
under divisions (C) and (D) of this section exceed the amounts
that otherwise would have been credited to those funds under
sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03
of the Revised Code, amounts required to be credited to the
General Revenue Fund under those sections shall be reduced
accordingly.
(2) To the extent the amounts required to be credited to the
Local Government Fund, the Library and Local Government Support
Fund, and the Local Government Revenue Assistance Fund under
divisions (C) and (D) of this section are less than the amounts
that otherwise would have been credited to those funds under
sections 5727.45, 5727.84, 5733.12, 5739.21, 5741.03, and 5747.03
of the Revised Code, amounts required to be credited to the
General Revenue Fund under those sections shall be increased
accordingly.
(F) The total amount credited each month under this section
to the Local Government Fund, the Library and Local Government
Support Fund, and the Local Government Revenue Assistance Fund
shall be distributed on or before the tenth day of the immediately
succeeding month as follows:
(1) Each county undivided Local Government Fund shall receive
a distribution from the Local Government Fund that is based upon
its proportionate share of the total amount received by it from
the fund in the same month during the preceding calendar year.
(2) Each municipal corporation receiving a direct
distribution from the Local Government Fund shall receive a
distribution that is based upon its proportionate share of the
total amount received by it from the fund in the same month during
the preceding calendar year.
(3) Each county undivided Local Government Revenue Assistance
Fund shall receive a distribution from the Local Government
Revenue Assistance Fund that is based upon its proportionate share
of the total amount received by it from the fund in the same month
during the preceding calendar year.
(4) Each county undivided Library and Local Government
Support Fund shall receive a distribution from the Library and
Local Government Support Fund that is based upon its proportionate
share of the total amount received by it from the fund in the same
month during the preceding calendar year.
(G) Distributions shall not be made in accordance with
sections 5747.47 and 5747.50 of the Revised Code until January 1,
2008.
(H) Notwithstanding section 5747.47 of the Revised Code, the
Tax Commissioner is not required to issue the certification
required by that section to be made in December 2007 for calendar
year 2007. The Tax Commissioner may, as the Commissioner considers
appropriate, provide to each county auditor additional revised
estimates or other information relating to distributions in 2007,
2008, or 2009 at any time during the period beginning July 1,
2007, and ending June 30, 2009.
(I)(1) Notwithstanding division (A) of section 131.51 of the
Revised Code, on or before January 5, 2008, the Director of Budget
and Management shall credit to the Local Government Fund an amount
equal to three and sixty-eight one-hundredths per cent of total
tax revenues credited to the General Revenue Fund during December
2007. In determining the total tax revenues credited to the
General Revenue Fund during that month, transfers made from the
General Revenue Fund during that month to the Local Government
Fund, the Local Government Revenue Assistance Fund, and the
Library and Local Government Support Fund shall be disregarded.
Moneys credited to the Local Government Fund under division (I)(1)
of this section shall be distributed in January 2008 in accordance
with section 5747.50 of the Revised Code.
(2) Notwithstanding division (B) of section 131.51 of the
Revised Code, on or before January 5, 2008, the Director of Budget
and Management shall credit to the Library and Local Government
Support Fund an amount equal to two and twenty-two one-hundredths
per cent of total tax revenues credited to the General Revenue
Fund during December 2007. In determining the total tax revenues
credited to the General Revenue Fund during that month, transfers
made from the General Revenue Fund during that month to the Local
Government Fund, the Local Government Revenue Assistance Fund, and
the Library and Local Government Support Fund shall be
disregarded. Moneys credited to the Library and Local Government
Support Fund under division (I)(2) of this section shall be
distributed in January 2008 in accordance with section 5747.47 of
the Revised Code.
SECTION 4. That existing sections 384.10 and 757.03 of Am.
Sub. H.B. 119 of the 127th General Assembly are hereby repealed.
SECTION 5. Notwithstanding division (A) of section 133.51 of
the Revised Code, in January 2008, an amount totaling $1,000,000
shall be credited from amounts otherwise scheduled to be credited
to the Local Government Fund to the Local Government Services
Collaboration Grant Fund established under section 384.10 of Am.
Sub. H.B. 119 of the 127th General Assembly.
SECTION 6. The amendment by this act of sections 384.10 and
757.03 of Am. Sub. H.B. 119 of the 127th General Assembly and
Sections 5
and 6 of this act, and the items of law of which they
are
composed, are not subject to the referendum. Therefore, under
Ohio
Constitution, Article II, Section 1d and section 1.471 of
the
Revised Code, the amendment and the sections, and the items
of law
of which they are composed, go into immediate effect when
this act
becomes law.
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