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H. B. No. 107 As Introduced
As Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Adams, J., Balderson, Batchelder, Boose, Burke, Grossman, Hall, Hite, Huffman, Mandel, Martin, Mecklenborg, Morgan, Snitchler, Stebelton, Uecker
A BILL
To amend section 123.01, to enact sections 131.50,
1509.50, 1509.51, 1509.52, 1509.53, and 1509.54,
and to repeal sections 5119.40, 5120.12,
and
5123.23 of the Revised Code to create the Oil and
Gas Leasing Board and to establish a
procedure by
which the Board may enter into leases
for oil and
gas production on land owned or under the control
of a state
agency for the purpose of providing
funding for
capital and operating costs for the
agency.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 123.01 be amended and sections
131.50, 1509.50, 1509.51, 1509.52, 1509.53, and 1509.54
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. 131.50. (A) There is hereby created in the state
treasury the state land royalty fund
consisting of money credited
to it under section 1509.51 of the
Revised Code. Any investment
proceeds earned on money in the fund
shall be credited to the
fund and used as required in division (B)
of this section.
(B) Money in the state land royalty fund shall be used to pay
capital and operating costs of
state agencies on whose behalf
money has been contributed to the
fund by the oil and gas leasing
board under section
1509.51 of the Revised Code. Such a state
agency is entitled to receive from the fund the amount contributed
on its behalf by the board and a share
of the investment earnings
of the fund in an amount that is
equivalent to the proportionate
share of contributions made on
behalf of the state agency to the
fund.
Sec. 1509.50. (A) It is the policy of the state to provide
access to and support the exploration for, development of, and
production of oil and natural gas resources owned or controlled by
the state in an effort to stabilize energy prices for citizens of
this state and to use the state's natural resources responsibly.
(B) There is hereby created the oil and gas leasing board
consisting of the chief of the division of mineral resources
management and the following four members appointed by the
governor:
(1) Two members recommended by a statewide organization
representing the oil and gas industry;
(2) One member representing a statewide environmental
advocacy
organization;
(3) One member representing the public.
(B) Of the initial members appointed to the board, one shall
serve a term of two years, one shall serve a term of three years,
one shall serve a term of four years, and one shall serve a term
of five years. Thereafter, terms of office of members shall
be
for five years from the date of appointment. Each member
appointed by the governor shall hold office from the date of
appointment until the end of the term for which the member was
appointed. The governor shall fill a vacancy occurring on the
board by appointing a member within sixty days after the vacancy
occurs. A member appointed to fill a vacancy occurring prior to
the expiration 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.
(C) Three members constitute a quorum of the board, and no
action
of the board is valid unless it has the concurrence of at
least
three members. The board shall keep a record of its
proceedings.
The chief of the
division of mineral resources
management shall serve as the
chairperson of the board.
(D) The governor may remove an appointed member from the
board
for inefficiency, malfeasance, misfeasance, or nonfeasance.
(E) Members of the board shall receive no compensation, but
shall
be reimbursed for their actual and necessary expenses
incurred in
the course of the performance of their duties as
members of the
board.
(F) The division of mineral
resources management shall
provide staff assistance to the board
if requested by the board.
Sec. 1509.51. (A) As used in this section, "state agency" has
the same meaning as in section 1.60 of the Revised Code.
(B) The oil and gas leasing board has exclusive
authority to
lease any parcel of land that is owned or controlled by a state
agency for the purpose of exploring for and developing and
producing oil and natural gas resources. A person that is an owner
and that is interested in leasing a parcel of land that is owned
or controlled by a state agency for the exploration for and the
development and production of oil or natural gas may submit to the
board a nomination that identifies the parcel of land. A person
submitting a nomination
shall submit it in the manner and form
established in rules
adopted under section 1509.52 of the Revised
Code and shall
include with the nomination the information
required by those
rules.
(C) Not later than thirty days after the receipt of a
nomination, the board shall conduct a meeting for the purpose of
determining whether to enter into a lease for the parcel of land
that is identified in the nomination. Not later than sixty days
after the
meeting, the board shall approve or disapprove the
nomination. In
making its decision to approve or disapprove the
nomination, the
board shall consider all of the following:
(1) The economic benefits, including the potential income
from an oil or natural gas operation, that would result if the
lease that is the subject of the nomination were
approved;
(2) Whether the proposed oil or gas operation is compatible
with the current uses of the parcel of land that is the subject of
the nomination;
(3) Any objections to the nomination submitted to the board
by the state agency that owns or controls the land on which the
proposed oil or natural gas operation would
take place;
(4) Any other factors that the board establishes in rules
adopted under section 1509.52 of the Revised Code.
Prior to making its decision to approve or disapprove a
nomination,
the board shall notify the agency that owns or
controls the
land on which the oil or gas operation would take
place.
The board shall approve or deny a nomination not later than
ninety days after the receipt of the nomination. Notice of the
decision of
the board shall be sent by certified mail to the
person that
submitted the nomination.
(D) Each calendar quarter, the board shall proceed to
advertise for bids for each lease that was the subject of a
nomination approved during the previous calendar quarter. The
advertisement shall be published on a web site that is maintained
by the board and in a newspaper of general
circulation in
Franklin county and in each county in which the
parcel of land
that was the subject of the nomination is located. The
advertisement shall be published once a week for four
consecutive
weeks prior to the date that is established by the board for the
submission of bids. The notice shall include all of the following:
(1) The procedure for the submission of a bid to enter into a
lease for a parcel of land;
(2) A statement that a standard lease form that is consistent
with the practices of the oil and natural gas industries will be
used for the lease of the parcel of land;
(3) Instructions for obtaining a copy of the standard lease
form that will be used for the lease of the parcel of land;
(4) A statement, if applicable, that special terms and
conditions apply to the lease because of specific conditions
related to the parcel of land. If such special terms and
conditions apply to the lease, the statement shall include
instructions for obtaining a copy of them.
(5) Any other information that the board considers pertinent
to the advertisement for bids.
(E) In order to encourage the submission of bids and the
responsible and reasonable development of the state's natural
resources, the information that is contained in a bid submitted to
the board under this section shall be confidential and shall not
be disclosed.
(F) Not later than fifteen days after a deadline established
by the board for the submission of bids for a particular parcel of
land, bids received by the board shall be unsealed and opened on
the date designated by the board. Not later than thirty days after
the date on which the board unseals and opens the bids, the board
shall enter into a lease under this section with the person who
submits the highest and best bid for that parcel of land, taking
into account the financial responsibility of the prospective
lessee and the ability of the prospective lessee to perform its
obligations under the lease.
(G) All money received by the board in payment for leases
entered into under this section shall be paid by the board into
the state treasury to the credit of the state land royalty fund
created in section 131.50 of the
Revised Code, except money that
is required to be credited to the
oil and gas leasing board
administration fund created in
section 1509.53 of the Revised
Code as required in rules adopted
under section 1509.52 of the
Revised Code. Money credited to the
state land royalty fund shall
be
contributed on behalf of the state agency that owns or
controls
the parcel of land on which the drilling for oil or gas
takes place.
Sec. 1509.52. The oil and gas leasing board shall
adopt
rules in accordance with Chapter 119. of the Revised Code
establishing all of the following:
(A) The form of and the information to be included in
nominations that are submitted under section 1509.51 of the
Revised Code;
(B) Procedures for the submission of nominations to the
board;
(C) Factors that the board may consider when determining
whether to approve or disapprove a nomination submitted under
section 1509.51 of the Revised Code;
(D) A standard lease form that is consistent with the
practices of the oil and natural gas industries and that contains
a one-eighth landowner royalty, which standard lease form shall be
used by the board for leases entered into under section 1509.51 of
the Revised Code;
(E) Factors that the board shall consider when determining
whether special terms and conditions of leases may be required for
a particular parcel of land because of specific conditions related
to the parcel and to the development of any oil or natural gas
from the parcel;
(F) A percentage of the proceeds of each lease agreement that
shall be credited to the oil and gas leasing board
administration
fund created in section 1509.53 of the Revised Code for the
purpose of providing funding for the
board's administrative
expenses and actual and necessary expenses
of the board members;
(G) Any other procedures and requirements that the board
determines necessary to implement sections 1509.50 to 1509.54 of
the Revised Code.
Sec. 1509.53. There is hereby created in the state treasury
the oil and gas leasing board administration fund
consisting of a
percentage of the money derived from leases as
provided in rules
adopted under section 1509.52 of the Revised
Code. Money in the
fund shall be used by the oil and gas
leasing board to pay the
administrative expenses of the board and
to pay the actual and
necessary expenses incurred by members of
the board in the course
of the performance of their duties.
Sec. 1509.54. If a nomination to lease a parcel of land that
is submitted under section 1509.51 of the Revised Code is
disapproved by the oil and gas leasing board, the person that
submitted the nomination may appeal the board's disapproval to the
oil and gas commission for an order reversing the disapproval. The
requirements and procedures established in section 1509.36 of the
Revised Code that apply to an appeal of an order of the chief of
the division of mineral resources management apply to appeals
filed under this section.
Section 2. That existing section 123.01 and sections
5119.40, 5120.12, and 5123.23 of the Revised Code are hereby
repealed.
Section 3. A lease entered into under section 123.01,
155.011, 5119.40, 5120.12, or 5123.23 of the Revised Code as those
sections existed prior to their amendment or repeal by this act
shall remain in effect until the term of the lease expires as
provided in the lease.
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