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Sub. S. B. No. 24 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Niehaus, Grendell, Spada, Harris, Padgett, Mumper, Buehrer, Schaffer, Clancy, Roberts, Miller, D., Kearney, Cates, Goodman, Sawyer, Cafaro, Faber, Wilson, Morano, Fedor, Stivers
Representatives Collier, Celeste, Zehringer, Hagan, R., Wolpert, Mallory, Hagan, J., Reinhard, Schindel, Otterman, Heard, Combs, Williams, B., DeBose, Lundy, McGregor, J., Ujvagi, Chandler, Stebelton, Aslanides, Blessing, Daniels, Domenick, Fende, Flowers, Garrison, Harwood, Hottinger, Hughes, Letson, Luckie, Patton, Raussen, Sayre, Schlichter, Seitz, Setzer, Szollosi, Uecker, Wagoner, Webster, Yates, Yuko
A BILL
To amend sections 122.086, 122.087, 122.089,
122.0810, 122.0812, 122.0814, 122.0817, 122.0819,
and 122.951 of the Revised Code to require the
Director of Development to adopt rules regarding
the annual competitive process for the Job Ready
Site Program and to increase the maximum grant
amount that may be awarded under the Industrial
Site Improvement Fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 122.086, 122.087, 122.089, 122.0810,
122.0812, 122.0814, 122.0817, 122.0819, and 122.951 of the Revised
Code be amended to read as follows:
Sec. 122.086. (A) There is hereby created the job ready site
program to provide grants to pay for allowable costs of eligible
applicants for eligible projects. The program shall be
administered by the department of development pursuant to
guidelines established for it by the director of development. All
grants shall be awarded through one of the following two
processes:
(A)(1) The annual competitive process under sections 122.087
to 122.0811 and, 122.0814, and 122.0815 of the Revised Code;
(B)(2) The discretionary process under sections 122.0812,
122.0813, and 122.0814 to 122.0815 of the Revised Code.
(B) The annual competitive process shall be administered by
the department of development pursuant to rules adopted by the
director of development under Chapter 119. of the Revised Code.
The rules shall not establish criteria that have the effect of
excluding applications for grants from any county of the state.
(C) The discretionary process shall be administered by the
department of development pursuant to guidelines established by
the director of development.
Sec. 122.087. The director of development shall establish an
annual competitive process for making grants described in section
122.086 of the Revised Code in accordance with rules adopted under
that section. At least two-thirds of the amounts that may be
distributed as grants each year under the job ready site program
shall be distributed under the annual competitive process.
Sec. 122.089. An eligible applicant shall provide all of the
following on the annual competitive process application:
(A) Contact information for the eligible applicant;
(B) A legal description of the property for which the grant
is requested;
(C) A summary of the proposed eligible project that includes
all of the following:
(1) A general description of the eligible project, including
individuals, organizations, or other entities that will play a
critical role in the implementation of the project;
(2) An explanation of the need for the eligible project, and
the predicted economic impact;
(3) An explanation of the need for a grant from the job ready
site program;
(4) The commitments required pursuant to division (A)(3) of
section 122.0815 of the Revised Code.
(D) A detailed summary of costs for the eligible project,
including supporting documents for cost estimates;
(E) Sources of funding for the eligible project, including
documentation verifying the status of those funds;
(F) Summary results of preliminary engineering studies and
environmental reviews, if any have been conducted;
(G) A comprehensive marketing plan detailing how the eligible
project will be marketed upon completion, if appropriate;
(H) Copies of resolutions or ordinances related to the
eligible project, including resolutions or ordinances adopted by
the political subdivision with jurisdiction over the geographic
area in which the eligible project is located;
(I) Any other information the director of development
requests on the application form.
Sec. 122.0810. (A) Each application for a grant pursuant to
the annual competitive process received by a district public works
integrating committee shall be evaluated by the executive
committee of the district committee. In conducting the evaluation,
the executive committee shall determine whether the application
for the proposed eligible project is complete and whether the
project meets the requirements of section 122.0815 of the Revised
Code. If the application is complete and the eligible project
meets the requirements of section 122.0815 of the Revised Code,
the executive committee shall prioritize the eligible project
pursuant to section 122.0816 of the Revised Code and pursuant to
local priorities, as those priorities are determined by the
executive committee, with all other eligible projects with
complete applications that meet the requirements of section
122.0815 of the Revised Code. If the application is incomplete or
the project does not meet the requirements of section 122.0815 of
the Revised Code, the executive committee shall notify the
applicant of the deficiencies and the period of time the applicant
has to correct the deficiencies and submit the corrections to the
executive committee. Failure to correct deficiencies within the
time designated by the executive committee shall disqualify the
project from consideration for a grant during the annual
competitive process for that year.
The executive committee, by the affirmative vote of a
majority of all its members, shall select up to three eligible
projects from the projects it has prioritized each year pursuant
to the annual competitive process. The executive committee shall
forward the applications and any accompanying information for each
of the selected eligible projects to the department of development
in the time and manner required by the guidelines rules governing
the annual competitive process for the job ready site program.
(B) For a district public works integrating committee that
does not have an executive committee, the full committee shall
perform the functions assigned to the executive committee under
section 122.0816 of the Revised Code and division (A) of this
section.
(C) An executive committee, or a district committee that does
not have an executive committee, may appoint a working group of
committee members and staff to perform the functions of those
committees as provided in this section.
Sec. 122.0812. The director of development shall establish a
discretionary process that permits the director to make grants
described in section 122.086 of the Revised Code in situations
that include those in which the timing of a proposed eligible
project is such that the annual competitive process is not
suitable. The director, as part of the guidelines established for
the discretionary process for the job ready site program, shall
establish all the procedures and requirements governing
application for the discretionary grants.
Sec. 122.0814. If the controlling board approves a grant for
an eligible project pursuant to the annual competitive process or
the discretionary process, the director of development shall enter
into an agreement with the eligible applicant to provide the grant
for the project. The agreement shall be executed prior to the
payment or disbursement of any funds under the grant and shall
contain the following provisions:
(A) A designation of a single officer or employee of the
eligible applicant who will serve as the manager of the eligible
project;
(B) A detailed description of the scope of the work required
under the eligible project, including anticipated sources and uses
of funds;
(C) 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 the cost;
(D) Provisions for the recovery by the department of
development of grant funds for failure to meet the terms of the
agreement;
(E) A requirement that annual reports be made by the eligible
applicant on the progress of the eligible project and any other
information about the status of the project as required by the
guidelines and rules established for the job ready site program;
(F) Any other provisions the director determines necessary.
Sec. 122.0817. In accordance with the guidelines established
to govern the discretionary process and the rules adopted to
govern the annual competitive process for the job ready site
program, the director of development shall publish an annual
report that includes the following:
(A) Details on each grant awarded pursuant to the program;
(B) The status of projects funded in previous years;
(C) The amount of grants awarded for projects in economically
distressed areas and, to the extent possible, the impact of those
grants in those areas.
Sec. 122.0819. The guidelines established rules adopted to
govern the annual competitive process for the job ready site
program may provide for recovery of the costs, or a portion
thereof, incurred by district public works integrating committees
and executive committees in conducting their duties under the
program.
Sec. 122.951. (A) If the director of development determines
that a grant from the industrial site improvement fund may create
new jobs or preserve existing jobs and employment opportunities in
an eligible county, the director may grant up to five seven
hundred fifty thousand dollars from the fund to the eligible
county for the purpose of acquiring commercial or industrial land
or buildings and making improvements to commercial or industrial
areas within the eligible county, including, but not limited to:
(1) Expanding, remodeling, renovating, and modernizing
buildings, structures, and other improvements;
(2) Remediating environmentally contaminated property on
which hazardous substances exist under conditions that have caused
or would cause the property to be identified as contaminated by
the Ohio or United States environmental protection agency; and
(3) Infrastructure improvements, including, but not limited
to, site preparation, including building demolition and removal;
streets, roads, bridges, and traffic control devices; parking lots
and facilities; water and sewer lines and treatment plants; gas,
electric, and telecommunications, including broadband, hook-ups;
and water and railway access improvements.
A grant awarded under this section shall provide not more
than seventy-five per cent of the estimated total cost of the
project for which an application is submitted under this section.
In addition, not more than ten per cent of the amount of the grant
shall be used to pay the costs of professional services related to
the project.
(B) An eligible county may apply to the director for a grant
under this section in the form and manner prescribed by the
director. The eligible county shall include on the application all
information required by the director. The application shall
require the eligible county to provide a detailed description of
how the eligible county would use a grant to improve commercial or
industrial areas within the eligible county, and to specify how a
grant will lead to the creation of new jobs or the preservation of
existing jobs and employment opportunities in the eligible county.
The eligible county shall specify in the application the amount of
the grant for which the eligible county is applying.
(C) An eligible county that receives a grant under this
section is not eligible for any additional grants from the
industrial site improvement fund in the fiscal year in which the
grant is received and in the subsequent fiscal year.
(D) An eligible county may designate a port authority,
community improvement corporation as defined in section 122.71 of
the Revised Code, or other economic development entity that is
located in the county to apply for a grant under this section. If
a port authority, community improvement corporation, or other
economic development entity is so designated, references to an
eligible county in this section include references to the
authority, corporation, or other entity.
Section 2. That existing sections 122.086, 122.087, 122.089,
122.0810, 122.0812, 122.0814, 122.0817, 122.0819, and 122.951 of
the Revised Code are hereby repealed.
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