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H. B. No. 149 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Letson, Weddington, Williams, S., Yates, Luckie, Domenick, Chandler, Foley, Murray
A BILL
To amend section 166.01 of the Revised Code to allow
Chapter 166. loans and loan guarantees to be made
to establish supermarkets and grocery stores in
underserved communities, and to make an
appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 166.01 of the Revised Code be amended
to read as follows:
Sec. 166.01. As used in this chapter:
(A) "Allowable costs" means all or part of the costs of
project facilities, eligible projects, eligible innovation
projects, eligible
research and development projects, eligible
advanced energy projects, or eligible logistics and distribution
projects, including
costs of acquiring,
constructing,
reconstructing, rehabilitating,
renovating,
enlarging, improving,
equipping, or furnishing project
facilities, eligible projects,
eligible innovation projects, eligible research and development
projects, eligible advanced energy projects, or eligible logistics
and distribution projects, site clearance and
preparation,
supplementing and
relocating public capital
improvements or
utility facilities,
designs, plans,
specifications, surveys,
studies, and estimates of
costs,
expenses
necessary or incident
to determining the
feasibility or
practicability of assisting an
eligible project, an
eligible
innovation project, an eligible
research and
development project, an eligible advanced energy
project, or an eligible logistics and distribution project, or
providing
project facilities
or facilities
related to an eligible
project, an eligible innovation project, an eligible research
and
development project, an eligible advanced energy project, or
an
eligible logistics and distribution project, architectural,
engineering, and legal
services fees and expenses, the costs of
conducting any other
activities as part of a voluntary action, and
such other expenses
as may be necessary or incidental to the
establishment or
development of an eligible project, an eligible
innovation
project, an eligible research and development
project, an eligible advanced energy project, or an eligible
logistics and distribution project, and
reimbursement of moneys
advanced or
applied by any governmental
agency or other person
for allowable
costs.
(B)
"Allowable innovation costs" includes allowable costs of
eligible innovation projects and, in addition, includes the costs
of research and
development of eligible innovation projects;
obtaining or creating
any requisite software or computer hardware
related to an eligible
innovation project or the products or
services associated
therewith; testing (including, without
limitation, quality control activities necessary
for initial
production), perfecting, and marketing of such products
and
services; creating and protecting intellectual property
related to
an eligible innovation project or any products or
services related
thereto, including costs of securing appropriate
patent,
trademark, trade secret, trade dress, copyright, or other
form of
intellectual property protection for an eligible
innovation
project or related products and services; all to the
extent that
such expenditures could be capitalized under
then-applicable
generally accepted accounting principles; and the
reimbursement of
moneys advanced or applied by any governmental
agency or other
person for allowable innovation costs.
(C) "Eligible innovation project" includes an eligible
project, including any project facilities associated with an
eligible innovation project
and, in addition, includes all
tangible and intangible property related to a new product
or
process based on new technology or the creative application of
existing technology, including research and development, product
or process testing, quality control, market research, and related
activities, that is to be acquired, established, expanded,
remodeled, rehabilitated, or modernized for industry, commerce,
distribution, or research, or any combination thereof, the
operation of which, alone or in conjunction with other eligible
projects, eligible innovation projects, or innovation property,
will create new jobs or preserve existing jobs and employment
opportunities and improve the economic welfare of the people of
the state.
(D) "Eligible project" means project facilities to be
acquired, established, expanded, remodeled, rehabilitated, or
modernized for industry, commerce, distribution, or research, or
any combination thereof, the operation of which, alone or in
conjunction with other facilities, will create new jobs or
preserve existing jobs and employment opportunities and improve
the economic welfare of the people of the state. "Eligible
project" includes, without limitation, a voluntary action. For
purposes of this division, "new jobs" does not include existing
jobs transferred from another facility within the state, and
"existing jobs" includes only those existing jobs with work
places
within the municipal corporation or unincorporated area of
the
county in which the eligible project is located.
"Eligible project" does not include project facilities to
be
acquired, established, expanded, remodeled, rehabilitated, or
modernized for industry, commerce, distribution, or research, or
any combination of industry, commerce, distribution, or
research,
if the project facilities consist solely of
point-of-final-purchase retail facilities, except underserved
community groceries. If the project
facilities consist of both
point-of-final-purchase retail
facilities and nonretail
facilities, only the portion of the
project facilities consisting
of nonretail facilities or an underserved community grocery is an
eligible project. If a warehouse facility is part of a
point-of-final-purchase retail facility that is not an underserved
community grocery and supplies only that
facility, the warehouse
facility is not an eligible project.
Catalog distribution
facilities are not considered
point-of-final-purchase retail
facilities for purposes of this
paragraph, and are eligible
projects.
(E) "Eligible research and development project" means an
eligible project, including project facilities, comprising,
within, or related to, a facility or portion of a facility at
which research is undertaken for the purpose of discovering
information that is technological in nature and the application of
which is intended to be useful in the development of a new or
improved product, process, technique, formula, or invention, a new
product or process based on new technology, or the creative
application of existing technology.
(F) "Financial assistance" means inducements under
division
(B) of section 166.02 of the Revised Code, loan
guarantees under
section 166.06 of the Revised Code, and direct
loans under section
166.07 of the Revised Code.
(G) "Governmental action" means any action by a
governmental
agency relating to the establishment, development,
or
operation of
an eligible project, eligible innovation project, eligible
research and development project, eligible advanced energy
project, or eligible logistics and distribution project,
and
project facilities that
the
governmental agency acting has
authority to take or provide
for
the purpose under law,
including,
but not limited to, actions
relating to contracts and
agreements,
zoning, building, permits,
acquisition and disposition
of
property, public capital
improvements, utility and
transportation
service, taxation,
employee recruitment and
training, and liaison
and coordination
with and among governmental
agencies.
(H) "Governmental agency" means the state and any state
department, division, commission, institution or authority; a
municipal corporation, county, or township, and any agency
thereof, and any other political subdivision or public
corporation
or the United States or any agency thereof; any
agency,
commission, or authority established pursuant to an
interstate
compact or agreement; and any combination of the
above.
(I) "Innovation financial assistance" means inducements
under
division (B) of section 166.12 of the Revised Code,
innovation
Ohio loan guarantees under section 166.15 of the
Revised Code, and
innovation Ohio loans under section 166.16 of
the Revised Code.
(J) "Innovation Ohio loan guarantee reserve requirement"
means, at any time, with respect to innovation loan guarantees
made under section 166.15 of the Revised Code, a balance in the
innovation Ohio loan guarantee fund equal to the greater of twenty
per cent of the then-outstanding principal amount of all
outstanding innovation loan guarantees made pursuant to section
166.15 of the Revised Code or fifty per cent of the principal
amount of the largest outstanding guarantee made pursuant to
section 166.15 of the Revised Code.
(K) "Innovation property" includes property and also
includes
software,
inventory, licenses, contract rights, goodwill,
intellectual
property, including without limitation, patents,
patent
applications, trademarks and service marks, and trade
secrets, and
other tangible and intangible property, and any
rights and
interests in or
connected to the foregoing.
(L) "Loan guarantee reserve requirement" means, at any
time,
with respect to loan guarantees made under section 166.06 of
the
Revised Code, a balance in the loan guarantee fund equal to
the
greater of twenty per cent of the then-outstanding principal
amount of all outstanding guarantees made pursuant to section
166.06 of the Revised Code or fifty per cent of the principal
amount of the largest outstanding guarantee made pursuant to
section 166.06 of the Revised Code.
(M) "Person" means any individual, firm, partnership,
association, corporation, or governmental agency, and any
combination thereof.
(N) "Project facilities" means buildings, structures, and
other improvements, and equipment and other property, excluding
small tools, supplies, and inventory, and any one, part of, or
combination of the above, comprising all or part of, or serving
or
being incidental to, an eligible project, an eligible innovation
project, an eligible research and development project, an
eligible advanced energy project, or an eligible logistics and
distribution project,
including, but not
limited to, public
capital
improvements.
(O) "Property" means real and personal property and
interests
therein.
(P) "Public capital improvements" means capital
improvements
or facilities that any governmental agency has
authority to
acquire, pay the costs of, own, maintain, or
operate,
or to
contract with other persons to have the same done,
including, but
not limited to, highways, roads, streets, water
and
sewer
facilities, railroad and other transportation
facilities,
and air
and water pollution control and solid waste
disposal
facilities.
For purposes of this division, "air pollution control facilities"
includes, without limitation, solar, geothermal, biofuel, biomass,
wind, hydro, wave, and other advanced energy projects
as defined
in section 3706.25 of the
Revised Code.
(Q) "Research and development financial assistance" means
inducements under section 166.17 of the Revised Code, research and
development loans under section 166.21 of the Revised Code, and
research and development tax credits under sections 5733.352 and
5747.331 of the Revised Code.
(R) "Targeted innovation industry sectors" means industry
sectors involving the production or use of advanced materials,
instruments, controls and electronics, power and propulsion,
biosciences, and information technology, or such other sectors as
may be designated by the director of development.
(S) "Voluntary action" means a voluntary action, as
defined
in section 3746.01 of the Revised Code, that is conducted
under
the voluntary action program established in Chapter 3746.
of
the
Revised Code.
(T) "Project financing obligations" means obligations
issued
pursuant to section 166.08 of the Revised Code other than
obligations for which the bond
proceedings provide that bond
service charges shall be paid from receipts of
the state
representing gross profit on the sale of spirituous liquor as
referred to in division (B)(4) of section 4310.10 of the Revised
Code.
(U) "Regional economic development entity" means an
entity
that
is under contract with the director of development to
administer a loan
program under this chapter in a particular area
of this state.
(V) "Advanced energy research and development fund" means the
advanced energy research and development fund created in section
3706.27 of the Revised Code.
(W) "Advanced energy research and development taxable fund"
means the advanced energy research and development taxable fund
created in section 3706.27 of the Revised Code.
(X) "Eligible advanced energy project" means an eligible
project that is an "advanced energy project" as defined in section
3706.25 of the Revised Code.
(Y) "Eligible logistics and distribution project" means an
eligible project, including project facilities, to be acquired,
established, expanded, remodeled, rehabilitated, or modernized for
transportation logistics and distribution infrastructure purposes.
As used in this division, "transportation logistics and
distribution infrastructure purposes" means promoting, providing
for, and enabling improvements to the ground, air, and water
transportation infrastructure comprising the transportation system
in this state, including, without limitation, highways, streets,
roads, bridges, railroads carrying freight, and air and water
ports and port facilities, and all related supporting facilities.
(Z) "Underserved community grocery" means a retail facility
that operates on a self-service basis, primarily selling fresh
groceries, produce, poultry, meat, baked goods, and dairy
products; classified as a "supermarket and other grocery (except
convenience) store" under the North American industry
classification system; and located in a census tract with
below-average density of supermarkets and groceries or containing
households a majority of which are low-income households.
Section 2. That existing section 166.01 of the Revised Code
is hereby repealed.
Section 3. There is hereby created the Ohio Fresh Food
Initiative, to be administered by the Director of Development for
the purpose of providing grants, loans, and loan guarantees to
underserved community groceries as defined in division (Z) of
section 166.01 of the Revised Code. The Director shall develop
guidelines for the administration of the program and may
collaborate with and provide funding to nonprofit organizations
that provide financial assistance to businesses in underserved
areas.
Pursuant to Chapter 166. of the Revised Code, up to
$10,000,000 in fiscal year 2010 shall be expended from the
Facilities Establishment Fund to establish and provide financial
assistance under the Initiative. Such moneys are appropriated, and
shall be accounted for as though appropriated in appropriation
item 195615, Facilities Establishment, in the main operating
budget act for fiscal years 2010 and 2011.
Section 4. The codified and uncodified sections in this act
are not subject to the referendum. Therefore, under Ohio
Constitution, Article II, section 1d and section 1.471 of the
Revised Code, the codified and uncodified sections of law
contained in this act go into immediate effect when this act
becomes law.
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