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S. B. No. 350 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Seitz, Goodman, Mumper, Padgett, Buehrer
A BILL
To amend sections 123.01, 1505.07, 1531.06, and
3706.01, to enact sections 1501.50 and 3745.50,
and to repeal sections 5119.40, 5120.12, and
5123.23 of the Revised Code to grant the
Department of Natural Resources exclusive
authority to enter into leases for oil and gas
development on state land, to require the Director
of Environmental Protection and the Director of
Development to create a streamlined permitting
process for certain energy related facilities, to
expand the facilities that may be funded by the
Air Quality Development Authority to include
certain energy related facilities, and to create
the Energy Planning Task Force.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 123.01, 1505.07, 1531.06, and
3706.01 be amended and sections 1501.50 and 3745.50 of the Revised
Code be enacted to read as follows:
Sec. 123.01. (A) The department of administrative
services,
in addition to those powers enumerated in Chapters 124.
and 125.
of the Revised Code and provided elsewhere by law,
shall exercise
the following powers:
(1) To prepare, or contract to be prepared, by licensed
engineers or architects, surveys, general and detailed plans,
specifications, bills of materials, and estimates of cost for any
projects, improvements, or public buildings to be constructed by
state agencies that may be authorized by legislative
appropriations or any other funds made available therefor,
provided that the construction of the projects, improvements, or
public buildings is a statutory duty of the department. This
section does not require the independent employment of an
architect or engineer as provided by section 153.01 of the
Revised
Code in the cases to which that section applies nor
affect or
alter the existing powers of the director of
transportation.
(2) To have general supervision over the construction of
any
projects, improvements, or public buildings constructed for a
state agency and over the inspection of materials previous to
their incorporation into those projects, improvements, or
buildings;
(3) To make contracts for and supervise the construction
of
any projects and improvements or the construction and repair
of
buildings under the control of a state agency, except
contracts
for the repair of buildings under the management and
control of
the departments of public safety, job and
family services,
mental
health, mental retardation and developmental disabilities,
rehabilitation and correction, and youth services, the bureau of
workers' compensation, the
rehabilitation
services commission, and
boards of trustees of educational and
benevolent institutions and
except contracts for the construction of projects that do not
require the issuance of a building permit or the issuance of a
certificate of occupancy and that are necessary to remediate
conditions at a hazardous waste facility, solid waste facility, or
other location at which the director of environmental protection
has reason to believe there is a substantial threat to public
health or safety or the environment. These contracts shall be made
and
entered into by the directors of public safety, job and
family
services,
mental health, mental retardation and developmental
disabilities,
rehabilitation and correction, and youth services,
the
administrator of workers' compensation, the rehabilitation
services commission,
the
boards of
trustees of such institutions,
and the director of environmental protection, respectively. All
such contracts
may be in whole or in part on unit price basis of
maximum
estimated cost, with payment computed and made upon actual
quantities or units.
(4) To prepare and suggest comprehensive plans for the
development of grounds and buildings under the control of a state
agency;
(5) To acquire, by purchase, gift, devise, lease, or
grant,
all real estate required by a state agency, in the
exercise of
which power the department may exercise the power of
eminent
domain, in the manner provided by sections 163.01 to
163.22 of the
Revised Code;
(6) To make and provide all plans, specifications, and
models
for the construction and perfection of all systems of
sewerage,
drainage, and plumbing for the state in connection with
buildings
and grounds under the control of a state agency;
(7) To erect, supervise, and maintain all public monuments
and memorials erected by the state, except where the supervision
and maintenance is otherwise provided by law;
(8) To procure, by lease, storage accommodations for a
state
agency;
(9) To lease or grant easements or licenses for
unproductive
and unused lands or other property under the control
of a state
agency. Such leases, easements, or licenses shall be
granted for a
period not to exceed fifteen years and shall be
executed for the
state by the director of administrative services
and the governor
and shall be approved as to form by the attorney
general, provided
that leases, easements, or licenses may be
granted to any county,
township, municipal corporation, port
authority, water or sewer
district, school district, library
district, health district, park
district, soil and water
conservation district, conservancy
district, or other political
subdivision or taxing district, or
any agency of the United
States government, for the exclusive use
of that agency,
political subdivision, or taxing district, without
any right of
sublease or assignment, for a period not to exceed
fifteen years,
and provided that the director shall grant leases,
easements, or
licenses of university land for periods not to
exceed twenty-five
years for purposes approved by the respective
university's board
of trustees wherein the uses are compatible
with the uses and
needs of the university and may grant leases of
university land
for periods not to exceed forty years for purposes
approved by
the respective university's board of trustees pursuant
to section
123.77 of the Revised Code.
(10) To lease office space in buildings for the use of a
state agency;
(11) To have general supervision and care of the
storerooms,
offices, and buildings leased for the use of a state
agency;
(12) To exercise general custodial care of all real
property
of the state;
(13) To assign and group together state offices in any
city
in the state and to establish, in cooperation with the state
agencies involved, rules governing space requirements for office
or storage use;
(14) To lease for a period not to exceed forty years,
pursuant to a contract providing for the construction thereof
under a lease-purchase plan, buildings, structures, and other
improvements for any public purpose, and, in conjunction
therewith, to grant leases, easements, or licenses for lands
under
the control of a state agency for a period not to exceed
forty
years. The lease-purchase plan shall provide that at the
end of
the lease period, the buildings, structures, and related
improvements, together with the land on which they are situated,
shall become the property of the state without cost.
(a) Whenever any building, structure, or other improvement
is
to be so leased by a state agency, the department shall retain
either basic plans, specifications, bills of materials, and
estimates of cost with sufficient detail to afford bidders all
needed information or, alternatively, all of the following plans,
details, bills of materials, and specifications:
(i) Full and accurate plans suitable for the use of
mechanics
and other builders in the improvement;
(ii) Details to scale and full sized, so drawn and
represented as to be easily understood;
(iii) Accurate bills showing the exact quantity of
different
kinds of material necessary to the construction;
(iv) Definite and complete specifications of the work to
be
performed, together with such directions as will enable a
competent mechanic or other builder to carry them out and afford
bidders all needed information;
(v) A full and accurate estimate of each item of expense
and
of the aggregate cost thereof.
(b) The department shall give public notice, in such
newspaper, in such form, and with such phraseology as the
director
of administrative services prescribes, published once
each week
for four consecutive weeks, of the time when and place
where bids
will be received for entering into an agreement to
lease to a
state agency a building, structure, or other
improvement. The last
publication shall be at least eight days
preceding the day for
opening the bids. The bids shall contain
the terms upon which the
builder would propose to lease the
building, structure, or other
improvement to the state agency.
The form of the bid approved by
the department shall be used, and
a bid is invalid and shall not
be considered unless that form is
used without change, alteration,
or addition. Before submitting
bids pursuant to this section, any
builder shall comply with
Chapter 153. of the Revised Code.
(c) On the day and at the place named for receiving bids
for
entering into lease agreements with a state agency, the
director
of administrative services shall open the bids and shall
publicly
proceed immediately to tabulate the bids upon duplicate
sheets. No
lease agreement shall be entered into until the
bureau of workers'
compensation has certified that the person to
be awarded the lease
agreement has complied with Chapter 4123. of
the Revised Code,
until, if the builder submitting the lowest and
best bid is a
foreign corporation, the secretary of state has
certified that the
corporation is authorized to do business in
this state, until, if
the builder submitting the lowest and best
bid is a person
nonresident of this state, the person has filed
with the secretary
of state a power of attorney designating the
secretary of state as
its agent for the purpose of accepting
service of summons in any
action brought under Chapter 4123. of
the Revised Code, and until
the agreement is submitted to the
attorney general and the
attorney general's approval is certified
thereon. Within
thirty
days after the day on which the bids are received, the
department
shall investigate the bids received and shall
determine that the
bureau and the secretary of state have made
the certifications
required by this section of the builder who
has submitted the
lowest and best bid. Within ten days of the
completion of the
investigation of the bids, the department shall
award the lease
agreement to the builder who has submitted the
lowest and best bid
and who has been certified by the bureau and
secretary of state as
required by this section. If bidding for
the lease agreement has
been conducted upon the basis of basic
plans, specifications,
bills of materials, and estimates of
costs, upon the award to the
builder the department, or the
builder with the approval of the
department, shall appoint an
architect or engineer licensed in
this state to prepare such
further detailed plans, specifications,
and bills of materials as
are required to construct the building,
structure, or
improvement. The department shall adopt such rules
as are
necessary to give effect to this section. The department
may
reject any bid. Where there is reason to believe there is
collusion or combination among bidders, the bids of those
concerned therein shall be rejected.
(15) To acquire by purchase, gift, devise, or grant and to
transfer, lease, or otherwise dispose of all real property
required to assist in the development of a conversion facility as
defined in section 5709.30 of the Revised Code as that section
existed before its repeal by Amended Substitute House Bill 95 of
the 125th general assembly;
(16) To lease for a period not to exceed forty years,
notwithstanding any other division of this section, the
state-owned property located at 408-450 East Town Street,
Columbus, Ohio, formerly the state school for the deaf, to a
developer in accordance with this section. "Developer," as used
in
this section, has the same meaning as in section 123.77 of the
Revised Code.
Such a lease shall be for the purpose of development of the
land for use by senior citizens by constructing, altering,
renovating, repairing, expanding, and improving the site as it
existed on June 25, 1982. A developer desiring to lease the land
shall prepare for submission to the department a plan for
development. Plans shall include provisions for roads, sewers,
water lines, waste disposal, water supply, and similar matters to
meet the requirements of state and local laws. The plans shall
also include provision for protection of the property by
insurance
or otherwise, and plans for financing the development,
and shall
set forth details of the developer's financial
responsibility.
The department may employ, as employees or consultants,
persons needed to assist in reviewing the development plans.
Those
persons may include attorneys, financial experts,
engineers, and
other necessary experts. The department shall
review the
development plans and may enter into a lease if it
finds all of
the following:
(a) The best interests of the state will be promoted by
entering into a lease with the developer;
(b) The development plans are satisfactory;
(c) The developer has established the developer's financial
responsibility and satisfactory plans for financing the
development.
The lease shall contain a provision that construction or
renovation of the buildings, roads, structures, and other
necessary facilities shall begin within one year after the date
of
the lease and shall proceed according to a schedule agreed to
between the department and the developer or the lease will be
terminated. The lease shall contain such conditions and
stipulations as the director considers necessary to preserve the
best interest of the state. Moneys received by the state
pursuant
to this lease shall be paid into the general revenue
fund. The
lease shall provide that at the end of the lease
period the
buildings, structures, and related improvements shall
become the
property of the state without cost.
(17) To lease to any person any tract of land owned by the
state and under the control of the department, or any part of
such
a tract, for the purpose of drilling for or the pooling of
oil or
gas. Such a lease shall be granted for a period not
exceeding
forty years, with the full power to contract for,
determine the
conditions governing, and specify the amount the
state shall
receive for the purposes specified in the lease, and
shall be
prepared as in other cases.
(18) To manage the use of space owned and controlled by the
department, including space in property under the jurisdiction of
the Ohio building authority, by doing all of the following:
(a) Biennially implementing, by state agency location, a
census of agency employees assigned space;
(b) Periodically in the discretion of the director of
administrative services:
(i) Requiring each state agency to categorize the use of
space allotted to the agency between office space, common areas,
storage space, and other uses, and to report its findings to the
department;
(ii) Creating and updating a master space utilization plan
for all space allotted to state agencies. The plan shall
incorporate space utilization metrics.
(iii) Conducting a cost-benefit analysis to determine the
effectiveness of state-owned buildings;
(iv) Assessing the alternatives associated with consolidating
the commercial leases for buildings located in Columbus.
(c) Commissioning a comprehensive space utilization and
capacity study in order to determine the feasibility of
consolidating existing commercially leased space used by state
agencies into a new state-owned facility.
(B) This section and section 125.02 of the Revised Code
shall
not interfere with any of the following:
(1) The power of the adjutant general to purchase military
supplies, or with the custody of the adjutant general of property
leased, purchased, or constructed by the state and used for
military purposes, or with the functions of the adjutant general
as director of state armories;
(2) The power of the director of transportation in
acquiring
rights-of-way for the state highway system, or the
leasing of
lands for division or resident district offices, or
the leasing of
lands or buildings required in the maintenance
operations of the
department of transportation, or the purchase of
real property
for
garage sites or division or resident district offices, or in
preparing plans and specifications for and constructing such
buildings as the director may require in the administration of
the
department;
(3) The power of the director of public safety and the
registrar of motor vehicles to purchase or lease real property
and
buildings to be used solely as locations to which a deputy
registrar is assigned pursuant to division (B) of section
4507.011
of the Revised Code and from which the deputy registrar is
to
conduct the deputy registrar's business, the power of the director
of
public safety to purchase or lease real property and buildings
to be used as
locations for division or district offices as
required in the maintenance of
operations of the department of
public safety, and the power of the
superintendent of the state
highway patrol in the purchase or leasing of real property and
buildings needed by the patrol, to negotiate the sale of real
property owned
by the patrol, to rent or lease real property owned
or leased by the patrol,
and to make or cause to be made repairs
to all property owned or under the
control of the patrol;
(4) The power of the division of liquor control in the
leasing or purchasing of retail outlets and warehouse facilities
for the use of the division;
(5) The power of the director of development to enter into
leases
of real property, buildings, and office space to be used
solely as locations
for the state's foreign offices to carry out
the purposes of section 122.05
of the Revised Code;
(6) The power of the director of environmental protection to
enter into environmental covenants, to grant and accept easements,
or to sell property pursuant to division (G) of section 3745.01 of
the Revised Code.
(C) Purchases for, and the custody and repair of,
buildings
under the management and control of the capitol square
review and
advisory board, the rehabilitation services commission, the bureau
of
workers' compensation, or the
departments of public safety,
job
and family services, mental health, mental retardation
and
developmental disabilities, and rehabilitation and correction,
and
buildings of educational and benevolent institutions under
the
management and control of boards of trustees, are not subject
to
the control and jurisdiction of the department of
administrative
services.
(D) Any instrument by which real property is acquired
pursuant to
this section
shall identify the agency of the state
that has the use and benefit of the
real property as specified in
section 5301.012 of the Revised Code.
Sec. 1501.50. (A) As used in this section, "state agency"
means an organized body, office, or agency that is established by
the laws of the state for the exercise of any function of state
government.
(B)(1) The department of natural resources has exclusive
authority to lease lands that are owned by the state and
administered by a state agency for the purpose of the exploration
for, development of, and production of oil or natural gas. The
extraction of oil or natural gas pursuant to a lease entered into
under this section shall not unreasonably interfere with the
primary use of the state land.
(2) Notwithstanding division (B)(1) of this section, the
department shall not enter into any lease for the purpose of the
exploration for, development of, and production of oil or natural
gas from under the bed of Lake Erie unless such leases are
authorized by federal law.
(C) The director of natural resources shall adopt rules in
accordance with Chapter 119. of the Revised Code that establish
all of the following:
(1) Procedures for the submission and selection of
competitive bids to conduct drilling for the purpose of the
exploration for, development of, and production of oil or natural
gas under this section;
(2) Procedures and standards for establishing the terms and
conditions of leases entered into under this section;
(3) Requirements applicable to drilling conducted in
accordance with a lease entered into under this section that are
necessary to maintain the scenic, aesthetic, and environmental
quality of land on which drilling takes place;
(4) Any other procedures and requirements that the director
determines are necessary to implement this section.
(D) A lease entered into under this section shall be
conditioned on the lessee's satisfying all applicable state and
federal laws and regulations. The conditions shall include a
requirement that the lessee comply with Chapter 1509. of the
Revised Code and rules adopted under it.
(E) A lease that is entered into under this section may be
assigned by the lessee with the approval of the director.
Sec. 1505.07. Subject to the limitation set forth in
section
1505.08 of the Revised Code, the director of natural
resources,
with the approval of the director of environmental
protection, the
attorney general, and the governor, may issue
permits and make
leases to parties making application for
permission to take and
remove sand, gravel, stone, and other
minerals or substances from
and under the bed of Lake Erie other than oil or gas,
either upon
a royalty or rental basis, as he the director of natural
resources
determines to be
best for the state. Permits shall be issued for
terms of not
less than one year nor more than ten years, and
leases shall be
for a term of years or until the economic
extraction of the
mineral or other substance covered thereby has
been completed.
Such taking and removal shall be within certain
fixed boundaries
that do not conflict with the rights of littoral
owners. Upon
request from the holder of a permit, it shall be
canceled, but in
the case of any permit or lease, any equipment or
buildings owned
by the permittee or lessee shall be held as
security by the
director of natural resources for payment of all
rentals or
royalties due the state at the time of cancellation.
No person shall remove sand, gravel, stone, or other
minerals
or substances from and under the bed of Lake Erie
without first
obtaining a permit or lease therefor from the
director.
The director of natural resources may, in accordance with
Chapter 119. of the Revised Code, adopt, amend, and rescind rules
for the administration, implementation, and enforcement of this
section.
Sec. 1531.06. (A) The chief of the division of wildlife,
with
the approval of the director of natural resources, may
acquire by
gift, lease, purchase, or otherwise lands or surface
rights upon
lands and waters or surface rights upon waters for
wild animals,
fish or game management, preservation, propagation,
and
protection, outdoor and nature activities, public fishing and
hunting grounds, and flora and fauna preservation. The chief,
with
the approval of the director, may receive by grant, devise,
bequest, donation, or assignment evidences of indebtedness, the
proceeds of which are to be used for the purchase of such lands
or
surface rights upon lands and waters or surface rights
upon
waters.
(B)(1) The chief shall adopt rules for the protection of
state-owned
or
leased
lands and waters and property under the
control of the division of wildlife against
wrongful use or
occupancy that will
ensure the carrying out of the
intent of this
section, protect
those lands, waters, and
property from
depredations, and preserve
them from
molestation, spoilation,
destruction, or any improper
use or
occupancy thereof, including
rules with respect
to
recreational activities and for the
government and use of such
lands, waters, and property.
(2) The chief may adopt rules benefiting wild
animals, fish
or game management, preservation, propagation, and
protection,
outdoor and nature activities, public fishing and
hunting grounds,
and flora and fauna preservation, and regulating the
taking and
possession of wild animals on any lands or waters
owned or leased
or under the division's supervision and control and,
for a
specified period of years, may prohibit or recall the taking
and
possession of any wild animal on any portion of such lands or
waters. The division clearly shall define and mark the
boundaries
of the lands and waters owned or leased or under
its supervision
and control upon which the taking of any
wild animal is
prohibited.
(C) The chief, with the approval of the director, may
acquire
by gift, lease, or purchase land for the purpose of
establishing
state fish hatcheries and game farms and may erect
on
it buildings
or structures that are necessary.
The title to or lease of such lands and waters shall be
taken
by the chief in the name of the state. The lease or
purchase
price
of all such lands and waters may be paid from
hunting and
trapping
and fishing licenses and any other funds.
(D) To provide more public recreation, stream and lake
agreements for public fishing only may be obtained under rules
adopted by the chief.
(E) The chief, with the approval of the director, may
establish
user fees for the use of special public facilities or
participation
in special activities on lands and waters
administered by the
division. The special facilities and
activities may include
hunting or fishing on special designated
public lands and waters
intensively managed or stocked with
artificially propagated game
birds or fish, field trial
facilities, wildlife nature centers,
firearm ranges, boat mooring
facilities, camping sites, and other
similar special facilities
and activities. The chief shall determine whether
the user fees
are refundable and shall ensure that that information is
provided
at the time the user fees are paid.
(F) The chief, with the
approval of the director, may enter
into lease agreements for
rental of concessions or other special
projects situated on
state-owned or leased lands or waters or
other property under
the division's control. The chief shall set
and collect the fees for
concession rentals or other special
projects; regulate through
contracts between the division and
concessionaires the sale of
tangible objects at concessions or
other special projects; and
keep a record of all such fee payments
showing the amount
received, from whom received, and for
what
purpose the
fee was collected.
(G) The chief may sell or donate
conservation-related items
or items that promote wildlife
conservation, including, but not
limited to, stamps, pins,
badges, books, bulletins, maps,
publications, calendars, and any other
educational article or
artifact pertaining to wild animals; sell
confiscated or forfeited
items; and sell surplus structures and
equipment, and timber or
crops from lands owned, administered,
leased, or controlled by the
division. The chief, with the approval of the director, also may
engage in campaigns and special events that promote wildlife
conservation by selling or donating wildlife-related materials,
memberships, and other items of promotional value.
(H) The chief may sell, lease, or transfer minerals or
mineral rights,
with the approval of the director, when the chief
and the director determine
it to be in the best interest of the
state. Upon approval of the director,
the chief may make,
execute,
and deliver contracts, including leases, to mine,
drill,
or
excavate iron ore, stone, coal, petroleum, gas, salt, and other
minerals, other than oil or gas, upon and under lands owned by the
state and administered
by the
division to any person who complies
with the terms of such
a contract. No
such contract shall be valid
for more than fifty
years from its effective
date. Consideration
for minerals and
mineral rights shall be by rental or
royalty
basis as prescribed
by the chief and payable as prescribed by
contract. Moneys
collected under
this division shall be paid into
the state
treasury to the
credit of the wildlife habitat
fund
created in
section 1531.33 of
the Revised Code. Contracts entered
into under
this division also
may provide for
consideration for
minerals or
mineral rights in
the form of acquisition of
lands as
provided
under divisions (A)
and (C) of this section.
(I) All moneys received under divisions (E), (F), and (G) of
this section
shall be paid into the state treasury to
the credit
of a fund that shall be used for the purposes
outlined in section
1533.15 of the
Revised Code and for the
management of other wild
animals for
their ecological and
nonconsumptive recreational value
or
benefit.
(J) The chief, with
the approval of the director, may barter
or sell wild animals to
other states, state or federal agencies,
and conservation or
zoological organizations. Moneys received
from
the sale of wild
animals shall be deposited into the wild
animal
fund created in
section 1531.34 of the Revised Code.
(K) The chief shall adopt rules establishing standards
and
guidelines for the administration of contraceptive chemicals
to
noncaptive wild animals. The rules may specify chemical
delivery
methods and devices and monitoring requirements.
The chief shall establish criteria for the issuance of
and
shall issue permits for the administration of contraceptive
chemicals to noncaptive wild animals. No person shall
administer
contraceptive chemicals to noncaptive wild animals
without a
permit issued by the chief.
(L) All fees set by the chief under this section shall be
approved by the wildlife council.
(M) Information contained in the wildlife diversity database
that is established pursuant to division (B)(2) of this section
and section 1531.25 of the Revised Code may be made available to
any individual or public or private agency for research,
educational, environmental, land management, or other similar
purposes that are not detrimental to the conservation of a species
or feature. Information regarding sensitive site locations of
species that are listed pursuant to section 1531.25 of the Revised
Code and of features that are included in the wildlife diversity
database is not subject to section 149.43 of the Revised Code if
the chief determines that the release of the information could be
detrimental to the conservation of a species or feature.
Sec. 3706.01. As used in this chapter:
(A) "Governmental agency" means a department, division, or
other unit of state government, a municipal corporation, county,
township, and other political subdivision, or any other public
corporation or agency having the power to acquire, construct, or
operate air quality facilities, the United States or any agency
thereof, and any agency, commission, or authority established
pursuant to an interstate compact or agreement.
(B) "Person" means any individual, firm, partnership,
association, or corporation, or any combination thereof.
(C) "Air contaminant" means particulate matter, dust,
fumes,
gas, mist, smoke, noise, vapor, heat, radioactivity,
radiation, or
odorous substance, or any combination thereof.
(D) "Air pollution" means the presence in the ambient air
of
one or more air contaminants in sufficient quantity and of
such
characteristics and duration as to injure human health or
welfare,
plant or animal life, or property, or that unreasonably
interferes
with the comfortable enjoyment of life or property.
(E) "Ambient air" means that portion of the atmosphere
outside of buildings and other enclosures, stacks, or ducts that
surrounds human, plant, or animal life, or property.
(F) "Emission" means the release into the outdoor
atmosphere
of an air contaminant.
(G) "Air quality facility" means any
of the following:
(1) Any method, modification
or replacement of property,
process, device, structure, or
equipment that removes, reduces,
prevents, contains, alters,
conveys, stores, disperses, or
disposes of air contaminants or
substances containing air
contaminants, or that renders less
noxious or reduces the
concentration of air contaminants in the
ambient air, including,
without limitation, facilities and
expenditures that qualify as
air pollution control facilities
under section 103 (C)(4)(F) of
the Internal Revenue Code of 1954,
as amended, and regulations
adopted thereunder;
(2) Motor vehicle
inspection stations operated in accordance
with, and any
equipment used for motor vehicle inspections
conducted under,
section 3704.14 of the Revised Code and rules
adopted under it;
(3) Ethanol or other biofuel facilities, including any
equipment used at the
ethanol or other biofuel facility for the
production of ethanol or other biofuels;
(4) Any property or portion thereof used for the collection,
storage,
treatment, utilization, processing, or final disposal of
a by-product or
solid
waste resulting from any method, process,
device, structure,
or
equipment that removes, reduces, prevents,
contains, alters,
conveys, stores, disperses, or disposes of air
contaminants, or
that renders less noxious or reduces the
concentration of air
contaminants in the ambient air;
(5) Any property, device, or
equipment that promotes the
reduction of emissions of air
contaminants into the ambient air
through improvements in the
efficiency of energy utilization or
energy conservation;
(6) Any coal research and development project conducted under
Chapter 1555. of the Revised Code;
(7) As determined by the director of the Ohio coal
development office, any property or portion thereof that is used
for the collection, storage, treatment, utilization, processing,
or final disposal of a by-product resulting from a coal research
and development project as defined in section 1555.01 of the
Revised Code or from the use of clean coal technology, excluding
any property or portion thereof that is used primarily for other
subsequent commercial purposes;
(8) Any property or portion thereof that is part of the
FutureGen project of the United States department of energy or
related to the siting of the FutureGen project;
(9) Facilities or projects, in addition to those described in
divisions (G)(3) and (6) of this section, that will assist this
state in achieving energy independence through the utilization of
this state's resources such as facilities or projects for the
development of solar, wind, natural gas, oil, and other energy
resources.
"Air quality facility"
further
includes any
property or
system to be used in whole or
in part for any of
the purposes
in
divisions (G)(1) to (8)(9) of this section,
whether
another
purpose
is also
served, and any property or system
incidental to
or
that
has to
do with, or the end purpose of
which is, any of the
foregoing. Air
quality facilities that are
defined in this
division for
industry, commerce, distribution, or
research,
including public
utility companies, are hereby
determined to be
those
that qualify as facilities for the
control of air pollution
and
thermal pollution related to air
under Section 13 of Article
VIII, Ohio Constitution.
(H) "Project" or "air quality project" means any air
quality
facility, including undivided or other interests therein,
acquired
or to be acquired or constructed or to be constructed by
the Ohio
air quality development authority under this chapter, or
acquired
or to be acquired or constructed or to be constructed by
a
governmental agency or person with all or a part of the cost
thereof being paid from a loan or grant from the authority under
this chapter or otherwise paid from the proceeds of air quality
revenue bonds, including all buildings and facilities that the
authority determines necessary for the operation of the project,
together with all property, rights, easements, and interests that
may be required for the operation of the project.
(I) "Cost" as applied to an air quality project means the
cost of acquisition and construction, the cost of acquisition of
all land, rights-of-way, property rights, easements, franchise
rights, and interests required for such acquisition and
construction, the cost of demolishing or removing any buildings
or
structures on land so acquired, including the cost of
acquiring
any lands to which such buildings or structures may be
moved, the
cost of acquiring or constructing and equipping a
principal office
and sub-offices of the authority, the cost of
diverting highways,
interchange of highways, and access roads to
private property,
including the cost of land or easements for
such access roads, the
cost of public utility and common carrier
relocation or
duplication, the cost of all machinery,
furnishings, and
equipment, financing charges, interest prior to
and during
construction and for no more than eighteen months
after completion
of construction, engineering, expenses of
research and development
with respect to air quality facilities, the cost of any commodity
contract, including fees and expenses related thereto,
legal
expenses, plans,
specifications, surveys, studies,
estimates of
cost and revenues,
working capital, other expenses
necessary or
incident to
determining the feasibility or
practicability of
acquiring or
constructing such project,
administrative expense,
and such other
expense as may be
necessary or incident to the
acquisition or
construction of the
project, the financing of such
acquisition or
construction,
including the amount authorized in
the resolution of
the
authority providing for the issuance of air
quality revenue
bonds
to be paid into any special funds from the
proceeds of such
bonds, and the financing of the placing of such
project in
operation. Any obligation, cost, or expense incurred by
any
governmental agency or person for surveys, borings,
preparation
of
plans and specifications, and other engineering
services, or
any
other cost described above, in connection with
the
acquisition or
construction of a project may be regarded as a
part of the cost of
that project and may be reimbursed out of the
proceeds of air
quality revenue bonds as authorized by this
chapter.
(J) "Owner" includes an individual, copartnership,
association, or corporation having any title or interest in any
property, rights, easements, or interests authorized to be
acquired by this chapter.
(K) "Revenues" means all rentals and other charges
received
by the authority for the use or services of any air
quality
project, any gift or grant received with respect to any
air
quality project, any moneys received with respect to the
lease,
sublease, sale, including installment sale or conditional
sale, or
other disposition of an air quality project, moneys
received in
repayment of and for interest on any loans made by
the authority
to a person or governmental agency, whether from
the United States
or any department, administration, or agency
thereof, or
otherwise, proceeds of such bonds to the extent that
use thereof
for payment of principal of, premium, if any, or
interest on the
bonds is authorized by the authority, amounts received or
otherwise derived from a commodity contract or from the sale of
the related commodity under such a contract, proceeds
from any
insurance,
condemnation, or guaranty pertaining to a
project or
property
mortgaged to secure bonds or pertaining to
the financing
of the
project, and income and profit from the
investment of the
proceeds
of air quality revenue bonds or of any
revenues.
(L) "Public roads" includes all public highways, roads,
and
streets in the state, whether maintained by the state,
county,
city, township, or other political subdivision.
(M) "Public utility facilities" includes tracks, pipes,
mains, conduits, cables, wires, towers, poles, and other
equipment
and appliances of any public utility.
(N) "Construction," unless the context indicates a
different
meaning or intent, includes reconstruction,
enlargement,
improvement, or providing furnishings or equipment.
(O) "Air quality revenue bonds," unless the context
indicates
a different meaning or intent, includes air quality
revenue notes,
air quality revenue renewal notes, and air quality
revenue
refunding bonds, except that notes issued in anticipation
of the
issuance of bonds shall have a maximum maturity of five
years as
provided in section 3706.05 of the Revised Code and
notes
or
renewal notes issued as the definitive obligation may be
issued
maturing at such time or times with a maximum maturity of
forty
years from the date of issuance of the original note.
(P) "Solid waste" means any garbage; refuse; sludge from a
waste water treatment plant, water supply treatment plant, or air
pollution control facility; and other discarded material,
including solid, liquid, semisolid, or contained gaseous material
resulting from industrial, commercial, mining, and agricultural
operations, and from community activities, but not including
solid
or dissolved material in domestic sewage, or solid or
dissolved
material in irrigation return flows or industrial
discharges that
are point sources subject to permits under
section 402 of the
"Federal Water Pollution Control Act
Amendments of 1972," 86 Stat.
880, 33 U.S.C.A. 1342, as amended,
or source, special nuclear, or
byproduct material as defined by
the "Atomic Energy Act of 1954,"
68 Stat. 921, 42 U.S.C.A. 2011,
as amended.
(Q) "Sludge" means any solid, semisolid, or liquid waste,
other than a recyclable by-product, generated from a municipal,
commercial, or industrial waste water treatment plant, water
supply plant, or air pollution control facility or any other such
wastes having similar characteristics and effects.
(R) "Ethanol or other biofuel facility" means a plant at
which
ethanol or other biofuel is
produced.
(S) "Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal, grains, cheese
whey, and sugar beets; forest products; or other renewable or
biomass
resources, including residue and waste generated from the
production, processing, and marketing of agricultural products,
forest products, and other renewable or biomass resources, that
meets all of
the specifications in the American society for
testing and
materials (ASTM) specification D 4806-88 and is
denatured as
specified in Parts 20 and 21 of Title 27 of the Code
of Federal
Regulations.
(T) "Biofuel" means any fuel that is made from cellulosic
biomass resources, including renewable organic matter, crop waste
residue, wood, aquatic plants and other crops, animal waste, solid
waste, or sludge, and that is used for the production of energy
for transportation or other purposes.
(U) "FutureGen project" means the buildings, equipment, and
real property and functionally related buildings, equipment, and
real property, including related research projects that support
the development and operation of the buildings, equipment, and
real property, designated by the United States department of
energy and the FutureGen industrial alliance, inc., as the
coal-fueled, zero-emissions power plant designed to prove the
technical and economic feasibility of producing electricity and
hydrogen from coal and nearly eliminating carbon dioxide emissions
through capture and permanent storage.
(V) "Commodity contract" means a contract or series of
contracts entered into in connection with the acquisition or
construction of air quality facilities for the purchase or sale of
a commodity that is eligible for prepayment with the proceeds of
federally tax exempt bonds under sections 103, 141, and 148 of the
Internal Revenue Code of 1986, as amended, and regulations adopted
under it.
Sec. 3745.50. For the purpose of promoting the expansion of
oil and gas production in this state, the development and
production of other energy resources in this state, and the
protection of the environment, the director of environmental
protection together with the director of development shall
establish procedures and policies for the purpose of streamlining
the permitting process for permits issued by the environmental
protection agency that are related to the siting or expansion of
oil and gas refineries, coal gasification facilities, and other
energy resource related facilities.
Section 2. That existing sections 123.01, 1505.07, 1531.06,
and 3706.01 and sections 5119.40, 5120.12, and 5123.23 of the
Revised Code are hereby repealed.
Section 3. (A) There is hereby created the Energy Planning
Task Force consisting of the following members:
(1) The Director of Natural Resources or the Director's
designee;
(2) The Director of Environmental Protection or the
Director's designee;
(3) The Director of Development or the Director's designee;
(4) Two members of the Senate appointed by the President of
the Senate, one of whom shall be from the majority party and one
of whom shall be from the minority party;
(5) Two members of the House of Representatives appointed by
the Speaker of the House of Representatives, one of whom shall be
from the majority party and one of whom shall be from the minority
party;
(6) The following members appointed jointly by the President
of the Senate and the Speaker of the House of Representatives:
(a) A representative of Ohio's business community who
represents businesses with fewer than fifty employees;
(b) A representative of Ohio's business community who
represents businesses with fifty or more employees;
(c) A representative of large commercial energy users;
(d) A representative of a statewide environmental advocacy
organization;
(e) A person with knowledge and expertise in the area of
alternative energy;
(f) A person with knowledge and expertise in the area of coal
gasification.
(B) All appointments shall be made to the Task Force not
later than thirty days after the effective date of this section.
At the first meeting of the Task Force, the members shall select a
chairperson and a vice-chairperson. Thereafter, the Task Force
shall meet on a regular basis as determined by the chairperson.
Vacancies on the Task Force shall be filled in the manner provided
for original appointments. Members of the Task Force shall receive
no compensation for serving on the Task Force. The Department of
Natural Resources shall provide technical support to the Task
Force.
(C) The Task Force shall develop a state energy plan with the
goal of maximizing access to and utilization of Ohio's energy
resources for the purpose of facilitating Ohio's energy
independence.
(D) The Task Force shall present its state energy plan to the
Governor and the General Assembly not later than eighteen months
after the effective date of this section. Upon submission of the
plan, the Task Force shall cease to exist.
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