The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 166 As Reported by the House Finance and Appropriations Committee (L# 0825-4)As Reported by the House Finance and Appropriations Committee (L# 0825-4)
128th General Assembly | Regular Session | 2009-2010 |
| |
Representatives Carney, McGregor
Cosponsors:
Representatives Ujvagi, Murray, Hackett, Slesnick, Domenick, Hagan, Mallory, Bolon, Foley, Yuko, Combs, Balderson, McClain, Ruhl
A BILL
To amend sections 4511.21, 5501.03, 5501.311,
5531.09, and 5531.18 and to enact sections
5539.01, 5539.02, 5539.03, 5539.031, 5539.04,
5539.05, 5539.06, 5539.07, 5539.08, 5539.09,
5539.10, 5539.11, and 5539.12 of the Revised Code
to authorize the creation of transportation
innovation authorities by specified governmental
entities, to establish the powers and duties of
such authorities, to establish a speed limit for a
specific portion of U.S. Route 6 within Cleveland,
and to make an appropriation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.21, 5501.03, 5501.311, 5531.09,
and 5531.18 be amended and sections 5539.01, 5539.02, 5539.03,
5539.031, 5539.04, 5539.05, 5539.06, 5539.07, 5539.08, 5539.09,
5539.10, 5539.11, and 5539.12 of the Revised Code be enacted to
read as follows:
Sec. 4511.21. (A) No person shall operate a motor vehicle,
trackless trolley, or streetcar at a speed greater or less than is
reasonable or proper, having due regard to the traffic, surface,
and width of the street or highway and any other conditions, and
no person shall drive any motor vehicle, trackless trolley, or
streetcar in and upon any street or highway at a greater speed
than will permit the person to bring it to a stop within the
assured clear distance ahead.
(B) It is prima-facie lawful, in the absence of a lower limit
declared or established pursuant to this section by the director
of transportation or local authorities, for the operator of a
motor vehicle, trackless trolley, or streetcar to operate the same
at a speed not exceeding the following:
(1)(a) Twenty miles per hour in school zones during school
recess and while children are going to or leaving school during
the opening or closing hours, and when twenty miles per hour
school speed limit signs are erected; except that, on
controlled-access highways and expressways, if the right-of-way
line fence has been erected without pedestrian opening, the speed
shall be governed by division (B)(4) of this section and on
freeways, if the right-of-way line fence has been erected without
pedestrian opening, the speed shall be governed by divisions
(B)(9) and (10) of this section. The end of every school zone may
be marked by a sign indicating the end of the zone. Nothing in
this section or in the manual and specifications for a uniform
system of traffic control devices shall be construed to require
school zones to be indicated by signs equipped with flashing or
other lights, or giving other special notice of the hours in which
the school zone speed limit is in effect.
(b) As used in this section and in section 4511.212 of the
Revised Code, "school" means any school chartered under section
3301.16 of the Revised Code and any nonchartered school that
during the preceding year filed with the department of education
in compliance with rule 3301-35-08 of the Ohio Administrative
Code, a copy of the school's report for the parents of the
school's pupils certifying that the school meets Ohio minimum
standards for nonchartered, nontax-supported schools and presents
evidence of this filing to the jurisdiction from which it is
requesting the establishment of a school zone. "School" also
includes a special elementary school that in writing requests the
county engineer of the county in which the special elementary
school is located to create a school zone at the location of that
school. Upon receipt of such a written request, the county
engineer shall create a school zone at that location by erecting
the appropriate signs.
(c) As used in this section, "school zone" means that portion
of a street or highway passing a school fronting upon the street
or highway that is encompassed by projecting the school property
lines to the fronting street or highway, and also includes that
portion of a state highway. Upon request from local authorities
for streets and highways under their jurisdiction and that portion
of a state highway under the jurisdiction of the director of
transportation or a request from a county engineer in the case of
a school zone for a special elementary school, the director may
extend the traditional school zone boundaries. The distances in
divisions (B)(1)(c)(i), (ii), and (iii) of this section shall not
exceed three hundred feet per approach per direction and are
bounded by whichever of the following distances or combinations
thereof the director approves as most appropriate:
(i) The distance encompassed by projecting the school
building lines normal to the fronting highway and extending a
distance of three hundred feet on each approach direction;
(ii) The distance encompassed by projecting the school
property lines intersecting the fronting highway and extending a
distance of three hundred feet on each approach direction;
(iii) The distance encompassed by the special marking of the
pavement for a principal school pupil crosswalk plus a distance of
three hundred feet on each approach direction of the highway.
Nothing in this section shall be construed to invalidate the
director's initial action on August 9, 1976, establishing all
school zones at the traditional school zone boundaries defined by
projecting school property lines, except when those boundaries are
extended as provided in divisions (B)(1)(a) and (c) of this
section.
(d) As used in this division, "crosswalk" has the meaning
given that term in division (LL)(2) of section 4511.01 of the
Revised Code.
The director may, upon request by resolution of the
legislative authority of a municipal corporation, the board of
trustees of a township, or a county board of developmental
disabilities created pursuant to Chapter 5126. of the Revised
Code, and upon submission by the municipal corporation, township,
or county board of such engineering, traffic, and other
information as the director considers necessary, designate a
school zone on any portion of a state route lying within the
municipal corporation, lying within the unincorporated territory
of the township, or lying adjacent to the property of a school
that is operated by such county board, that includes a crosswalk
customarily used by children going to or leaving a school during
recess and opening and closing hours, whenever the distance, as
measured in a straight line, from the school property line nearest
the crosswalk to the nearest point of the crosswalk is no more
than one thousand three hundred twenty feet. Such a school zone
shall include the distance encompassed by the crosswalk and
extending three hundred feet on each approach direction of the
state route.
(e) As used in this section, "special elementary school"
means a school that meets all of the following criteria:
(i) It is not chartered and does not receive tax revenue from
any source.
(ii) It does not educate children beyond the eighth grade.
(iii) It is located outside the limits of a municipal
corporation.
(iv) A majority of the total number of students enrolled at
the school are not related by blood.
(v) The principal or other person in charge of the special
elementary school annually sends a report to the superintendent of
the school district in which the special elementary school is
located indicating the total number of students enrolled at the
school, but otherwise the principal or other person in charge does
not report any other information or data to the superintendent.
(2) Twenty-five miles per hour in all other portions of a
municipal corporation, except on state routes outside business
districts, through highways outside business districts, and
alleys;
(3) Thirty-five miles per hour on all state routes or through
highways within municipal corporations outside business districts,
except as provided in divisions (B)(4) and (6) of this section;
(4) Fifty miles per hour on controlled-access highways and
expressways within municipal corporations;
(5) Fifty-five miles per hour on highways outside municipal
corporations, other than highways within island jurisdictions as
provided in division (B)(8) of this section and freeways as
provided in divisions (B)(13) and (14) of this section;
(6) Fifty miles per hour on state routes within municipal
corporations outside urban districts unless a lower prima-facie
speed is established as further provided in this section;
(7) Fifteen miles per hour on all alleys within the municipal
corporation;
(8) Thirty-five miles per hour on highways outside municipal
corporations that are within an island jurisdiction;
(9) Fifty-five miles per hour at all times on freeways with
paved shoulders inside municipal corporations, other than freeways
as provided in divisions (B)(13) and (14) of this section;
(10) Fifty-five miles per hour at all times on freeways
outside municipal corporations, other than freeways as provided in
divisions (B)(13) and (14) of this section;
(11) Fifty-five miles per hour at all times on all portions
of freeways that are part of the interstate system and on all
portions of freeways that are not part of the interstate system,
but are built to the standards and specifications that are
applicable to freeways that are part of the interstate system for
operators of any motor vehicle weighing in excess of eight
thousand pounds empty weight and any noncommercial bus, except as
provided in division (B)(14) of this section;
(12) Fifty-five miles per hour for operators of any motor
vehicle weighing eight thousand pounds or less empty weight and
any commercial bus at all times on all portions of freeways that
are part of the interstate system and that had such a speed limit
established prior to October 1, 1995, and freeways that are not
part of the interstate system, but are built to the standards and
specifications that are applicable to freeways that are part of
the interstate system and that had such a speed limit established
prior to October 1, 1995, unless a higher speed limit is
established under division (L) of this section;
(13) Sixty-five miles per hour for operators of any motor
vehicle weighing eight thousand pounds or less empty weight and
any commercial bus at all times on all portions of the following:
(a) Freeways that are part of the interstate system and that
had such a speed limit established prior to October 1, 1995, and
freeways that are not part of the interstate system, but are built
to the standards and specifications that are applicable to
freeways that are part of the interstate system and that had such
a speed limit established prior to October 1, 1995;
(b) Freeways that are part of the interstate system and
freeways that are not part of the interstate system but are built
to the standards and specifications that are applicable to
freeways that are part of the interstate system, and that had such
a speed limit established under division (L) of this section;
(c) Rural, divided, multi-lane highways that are designated
as part of the national highway system under the "National Highway
System Designation Act of 1995," 109 Stat. 568, 23 U.S.C.A. 103,
and that had such a speed limit established under division (M) of
this section.
(14) Sixty-five miles per hour at all times on all portions
of freeways that are part of the interstate system and that had
such a speed limit on the effective date of this amendment July 1,
2009, for operators of any motor vehicle weighing in excess of
eight thousand pounds empty weight and any noncommercial bus;
(15) Thirty-five miles per hour on the portion of United
States route number six located within the municipal corporation
of Cleveland, running in an easterly and westerly direction and
commencing at mile marker number cuy-6-12.20, which is located at
the intersection of west shore way and lake road, and ending at
mile marker number cuy-6-14.49, which is located at the
intersection of west shore way, Detroit avenue, and west
twenty-fifth street. The portion of United States route number six
described in division (B)(15) of this section is under the
jurisdiction of the municipal corporation of Cleveland.
(C) It is prima-facie unlawful for any person to exceed any
of the speed limitations in divisions (B)(1)(a), (2), (3), (4),
(6), (7), and (8), and (15) of this section, or any declared or
established pursuant to this section by the director or local
authorities and it is unlawful for any person to exceed any of the
speed limitations in division (D) of this section. No person shall
be convicted of more than one violation of this section for the
same conduct, although violations of more than one provision of
this section may be charged in the alternative in a single
affidavit.
(D) No person shall operate a motor vehicle, trackless
trolley, or streetcar upon a street or highway as follows:
(1) At a speed exceeding fifty-five miles per hour, except
upon a freeway as provided in divisions (B)(13) and (14) of this
section;
(2) At a speed exceeding sixty-five miles per hour upon a
freeway as provided in divisions (B)(13) and (14) of this
section;
(3) If a motor vehicle weighing in excess of eight thousand
pounds empty weight or a noncommercial bus as prescribed in
division (B)(11) of this section, at a speed exceeding fifty-five
miles per hour upon a freeway as provided in that division;
(4) At a speed exceeding the posted speed limit upon a
freeway for which the director has determined and declared a speed
limit of not more than sixty-five miles per hour pursuant to
division (L)(2) or (M) of this section;
(5) At a speed exceeding sixty-five miles per hour upon a
freeway for which such a speed limit has been established through
the operation of division (L)(3) of this section;
(6) At a speed exceeding the posted speed limit upon a
freeway for which the director has determined and declared a speed
limit pursuant to division (I)(2) of this section.
(E) In every charge of violation of this section the
affidavit and warrant shall specify the time, place, and speed at
which the defendant is alleged to have driven, and in charges made
in reliance upon division (C) of this section also the speed which
division (B)(1)(a), (2), (3), (4), (6), (7), or (8), or (15) of,
or a limit declared or established pursuant to, this section
declares is prima-facie lawful at the time and place of such
alleged violation, except that in affidavits where a person is
alleged to have driven at a greater speed than will permit the
person to bring the vehicle to a stop within the assured clear
distance ahead the affidavit and warrant need not specify the
speed at which the defendant is alleged to have driven.
(F) When a speed in excess of both a prima-facie limitation
and a limitation in division (D)(1), (2), (3), (4), (5), or (6) of
this section is alleged, the defendant shall be charged in a
single affidavit, alleging a single act, with a violation
indicated of both division (B)(1)(a), (2), (3), (4), (6), (7), or
(8), or (15) of this section, or of a limit declared or
established pursuant to this section by the director or local
authorities, and of the limitation in division (D)(1), (2), (3),
(4), (5), or (6) of this section. If the court finds a violation
of division (B)(1)(a), (2), (3), (4), (6), (7), or (8), or (15)
of, or a limit declared or established pursuant to, this section
has occurred, it shall enter a judgment of conviction under such
division and dismiss the charge under division (D)(1), (2), (3),
(4), (5), or (6) of this section. If it finds no violation of
division (B)(1)(a), (2), (3), (4), (6), (7),
or (8), or (15) of,
or a limit declared or established pursuant to, this section, it
shall then consider whether the evidence supports a conviction
under division (D)(1), (2), (3), (4), (5), or (6) of this section.
(G) Points shall be assessed for violation of a limitation
under division (D) of this section in accordance with section
4510.036 of the Revised Code.
(H) Whenever the director determines upon the basis of a
geometric and traffic characteristic study that any speed limit
set forth in divisions (B)(1)(a) to (D) of this section is greater
or less than is reasonable or safe under the conditions found to
exist at any portion of a street or highway under the jurisdiction
of the director, the director shall determine and declare a
reasonable and safe prima-facie speed limit, which shall be
effective when appropriate signs giving notice of it are erected
at the location.
(I)(1) Except as provided in divisions (I)(2) and (K) of this
section, whenever local authorities determine upon the basis of an
engineering and traffic investigation that the speed permitted by
divisions (B)(1)(a) to (D) of this section, on any part of a
highway under their jurisdiction, is greater than is reasonable
and safe under the conditions found to exist at such location, the
local authorities may by resolution request the director to
determine and declare a reasonable and safe prima-facie speed
limit. Upon receipt of such request the director may determine and
declare a reasonable and safe prima-facie speed limit at such
location, and if the director does so, then such declared speed
limit shall become effective only when appropriate signs giving
notice thereof are erected at such location by the local
authorities. The director may withdraw the declaration of a
prima-facie speed limit whenever in the director's opinion the
altered prima-facie speed becomes unreasonable. Upon such
withdrawal, the declared prima-facie speed shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.
(2) A local authority may determine on the basis of a
geometric and traffic characteristic study that the speed limit of
sixty-five miles per hour on a portion of a freeway under its
jurisdiction that was established through the operation of
division (L)(3) of this section is greater than is reasonable or
safe under the conditions found to exist at that portion of the
freeway. If the local authority makes such a determination, the
local authority by resolution may request the director to
determine and declare a reasonable and safe speed limit of not
less than fifty-five miles per hour for that portion of the
freeway. If the director takes such action, the declared speed
limit becomes effective only when appropriate signs giving notice
of it are erected at such location by the local authority.
(J) Local authorities in their respective jurisdictions may
authorize by ordinance higher prima-facie speeds than those stated
in this section upon through highways, or upon highways or
portions thereof where there are no intersections, or between
widely spaced intersections, provided signs are erected giving
notice of the authorized speed, but local authorities shall not
modify or alter the basic rule set forth in division (A) of this
section or in any event authorize by ordinance a speed in excess
of fifty miles per hour.
Alteration of prima-facie limits on state routes by local
authorities shall not be effective until the alteration has been
approved by the director. The director may withdraw approval of
any altered prima-facie speed limits whenever in the director's
opinion any altered prima-facie speed becomes unreasonable, and
upon such withdrawal, the altered prima-facie speed shall become
ineffective and the signs relating thereto shall be immediately
removed by the local authorities.
(K)(1) As used in divisions (K)(1), (2), (3), and (4) of this
section, "unimproved highway" means a highway consisting of any of
the following:
(b) Unimproved graded and drained earth;
(2) Except as otherwise provided in divisions (K)(4) and (5)
of this section, whenever a board of township trustees determines
upon the basis of an engineering and traffic investigation that
the speed permitted by division (B)(5) of this section on any part
of an unimproved highway under its jurisdiction and in the
unincorporated territory of the township is greater than is
reasonable or safe under the conditions found to exist at the
location, the board may by resolution declare a reasonable and
safe prima-facie speed limit of fifty-five but not less than
twenty-five miles per hour. An altered speed limit adopted by a
board of township trustees under this division becomes effective
when appropriate traffic control devices, as prescribed in section
4511.11 of the Revised Code, giving notice thereof are erected at
the location, which shall be no sooner than sixty days after
adoption of the resolution.
(3)(a) Whenever, in the opinion of a board of township
trustees, any altered prima-facie speed limit established by the
board under this division becomes unreasonable, the board may
adopt a resolution withdrawing the altered prima-facie speed
limit. Upon the adoption of such a resolution, the altered
prima-facie speed limit becomes ineffective and the traffic
control devices relating thereto shall be immediately removed.
(b) Whenever a highway ceases to be an unimproved highway and
the board has adopted an altered prima-facie speed limit pursuant
to division (K)(2) of this section, the board shall, by
resolution, withdraw the altered prima-facie speed limit as soon
as the highway ceases to be unimproved. Upon the adoption of such
a resolution, the altered prima-facie speed limit becomes
ineffective and the traffic control devices relating thereto shall
be immediately removed.
(4)(a) If the boundary of two townships rests on the
centerline of an unimproved highway in unincorporated territory
and both townships have jurisdiction over the highway, neither of
the boards of township trustees of such townships may declare an
altered prima-facie speed limit pursuant to division (K)(2) of
this section on the part of the highway under their joint
jurisdiction unless the boards of township trustees of both of the
townships determine, upon the basis of an engineering and traffic
investigation, that the speed permitted by division (B)(5) of this
section is greater than is reasonable or safe under the conditions
found to exist at the location and both boards agree upon a
reasonable and safe prima-facie speed limit of less than
fifty-five but not less than twenty-five miles per hour for that
location. If both boards so agree, each shall follow the procedure
specified in division (K)(2) of this section for altering the
prima-facie speed limit on the highway. Except as otherwise
provided in division (K)(4)(b) of this section, no speed limit
altered pursuant to division (K)(4)(a) of this section may be
withdrawn unless the boards of township trustees of both townships
determine that the altered prima-facie speed limit previously
adopted becomes unreasonable and each board adopts a resolution
withdrawing the altered prima-facie speed limit pursuant to the
procedure specified in division (K)(3)(a) of this section.
(b) Whenever a highway described in division (K)(4)(a) of
this section ceases to be an unimproved highway and two boards of
township trustees have adopted an altered prima-facie speed limit
pursuant to division (K)(4)(a) of this section, both boards shall,
by resolution, withdraw the altered prima-facie speed limit as
soon as the highway ceases to be unimproved. Upon the adoption of
the resolution, the altered prima-facie speed limit becomes
ineffective and the traffic control devices relating thereto shall
be immediately removed.
(5) As used in division (K)(5) of this section:
(a) "Commercial subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway where, for a distance of three hundred feet or more, the
frontage is improved with buildings in use for commercial
purposes, or where the entire length of the highway is less than
three hundred feet long and the frontage is improved with
buildings in use for commercial purposes.
(b) "Residential subdivision" means any platted territory
outside the limits of a municipal corporation and fronting a
highway, where, for a distance of three hundred feet or more, the
frontage is improved with residences or residences and buildings
in use for business, or where the entire length of the highway is
less than three hundred feet long and the frontage is improved
with residences or residences and buildings in use for business.
Whenever a board of township trustees finds upon the basis of
an engineering and traffic investigation that the prima-facie
speed permitted by division (B)(5) of this section on any part of
a highway under its jurisdiction that is located in a commercial
or residential subdivision, except on highways or portions thereof
at the entrances to which vehicular traffic from the majority of
intersecting highways is required to yield the right-of-way to
vehicles on such highways in obedience to stop or yield signs or
traffic control signals, is greater than is reasonable and safe
under the conditions found to exist at the location, the board may
by resolution declare a reasonable and safe prima-facie speed
limit of less than fifty-five but not less than twenty-five miles
per hour at the location. An altered speed limit adopted by a
board of township trustees under this division shall become
effective when appropriate signs giving notice thereof are erected
at the location by the township. Whenever, in the opinion of a
board of township trustees, any altered prima-facie speed limit
established by it under this division becomes unreasonable, it may
adopt a resolution withdrawing the altered prima-facie speed, and
upon such withdrawal, the altered prima-facie speed shall become
ineffective, and the signs relating thereto shall be immediately
removed by the township.
(L)(1) Within one hundred twenty days of February 29, 1996,
the director of transportation, based upon a geometric and traffic
characteristic study of a freeway that is part of the interstate
system or that is not part of the interstate system, but is built
to the standards and specifications that are applicable to
freeways that are part of the interstate system, in consultation
with the director of public safety and, if applicable, the local
authority having jurisdiction over a portion of such freeway, may
determine and declare that the speed limit of less than sixty-five
miles per hour established on such freeway or portion of freeway
either is reasonable and safe or is less than that which is
reasonable and safe.
(2) If the established speed limit for such a freeway or
portion of freeway is determined to be less than that which is
reasonable and safe, the director of transportation, in
consultation with the director of public safety and, if
applicable, the local authority having jurisdiction over the
portion of freeway, shall determine and declare a reasonable and
safe speed limit of not more than sixty-five miles per hour for
that freeway or portion of freeway.
The director of transportation or local authority having
jurisdiction over the freeway or portion of freeway shall erect
appropriate signs giving notice of the speed limit at such
location within one hundred fifty days of February 29, 1996. Such
speed limit becomes effective only when such signs are erected at
the location.
(3) If, within one hundred twenty days of February 29, 1996,
the director of transportation does not make a determination and
declaration of a reasonable and safe speed limit for a freeway or
portion of freeway that is part of the interstate system or that
is not part of the interstate system, but is built to the
standards and specifications that are applicable to freeways that
are part of the interstate system and that has a speed limit of
less than sixty-five miles per hour, the speed limit on that
freeway or portion of a freeway shall be sixty-five miles per
hour. The director of transportation or local authority having
jurisdiction over the freeway or portion of the freeway shall
erect appropriate signs giving notice of the speed limit of
sixty-five miles per hour at such location within one hundred
fifty days of February 29, 1996. Such speed limit becomes
effective only when such signs are erected at the location. A
speed limit established through the operation of division (L)(3)
of this section is subject to reduction under division (I)(2) of
this section.
(M) Within three hundred sixty days after February 29, 1996,
the director of transportation, based upon a geometric and traffic
characteristic study of a rural, divided, multi-lane highway that
has been designated as part of the national highway system under
the "National Highway System Designation Act of 1995," 109 Stat.
568, 23 U.S.C.A. 103, in consultation with the director of public
safety and, if applicable, the local authority having jurisdiction
over a portion of the highway, may determine and declare that the
speed limit of less than sixty-five miles per hour established on
the highway or portion of highway either is reasonable and safe or
is less than that which is reasonable and safe.
If the established speed limit for the highway or portion of
highway is determined to be less than that which is reasonable and
safe, the director of transportation, in consultation with the
director of public safety and, if applicable, the local authority
having jurisdiction over the portion of highway, shall determine
and declare a reasonable and safe speed limit of not more than
sixty-five miles per hour for that highway or portion of highway.
The director of transportation or local authority having
jurisdiction over the highway or portion of highway shall erect
appropriate signs giving notice of the speed limit at such
location within three hundred ninety days after February 29, 1996.
The speed limit becomes effective only when such signs are erected
at the location.
(N)(1)(a) If the boundary of two local authorities rests on
the centerline of a highway and both authorities have jurisdiction
over the highway, the speed limit for the part of the highway
within their joint jurisdiction shall be either one of the
following as agreed to by both authorities:
(i) Either prima-facie speed limit permitted by division (B)
of this section;
(ii) An altered speed limit determined and posted in
accordance with this section.
(b) If the local authorities are unable to reach an
agreement, the speed limit shall remain as established and posted
under this section.
(2) Neither local authority may declare an altered
prima-facie speed limit pursuant to this section on the part of
the highway under their joint jurisdiction unless both of the
local authorities determine, upon the basis of an engineering and
traffic investigation, that the speed permitted by this section is
greater than is reasonable or safe under the conditions found to
exist at the location and both authorities agree upon a uniform
reasonable and safe prima-facie speed limit of less than
fifty-five but not less than twenty-five miles per hour for that
location. If both authorities so agree, each shall follow the
procedure specified in this section for altering the prima-facie
speed limit on the highway, and the speed limit for the part of
the highway within their joint jurisdiction shall be uniformly
altered. No altered speed limit may be withdrawn unless both local
authorities determine that the altered prima-facie speed limit
previously adopted becomes unreasonable and each adopts a
resolution withdrawing the altered prima-facie speed limit
pursuant to the procedure specified in this section.
(O) As used in this section:
(1) "Interstate system" has the same meaning as in 23
U.S.C.A. 101.
(2) "Commercial bus" means a motor vehicle designed for
carrying more than nine passengers and used for the transportation
of persons for compensation.
(3) "Noncommercial bus" includes but is not limited to a
school bus or a motor vehicle operated solely for the
transportation of persons associated with a charitable or
nonprofit organization.
(P)(1) A violation of any provision of this section is one of
the following:
(a) Except as otherwise provided in divisions (P)(1)(b),
(1)(c), (2), and (3) of this section, a minor misdemeanor;
(b) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two
violations of any provision of this section or of any provision of
a municipal ordinance that is substantially similar to any
provision of this section, a misdemeanor of the fourth degree;
(c) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to three or
more violations of any provision of this section or of any
provision of a municipal ordinance that is substantially similar
to any provision of this section, a misdemeanor of the third
degree.
(2) If the offender has not previously been convicted of or
pleaded guilty to a violation of any provision of this section or
of any provision of a municipal ordinance that is substantially
similar to this section and operated a motor vehicle faster than
thirty-five miles an hour in a business district of a municipal
corporation, faster than fifty miles an hour in other portions of
a municipal corporation, or faster than thirty-five miles an hour
in a school zone during recess or while children are going to or
leaving school during the school's opening or closing hours, a
misdemeanor of the fourth degree.
(3) Notwithstanding division (P)(1) of this section, if the
offender operated a motor vehicle in a construction zone where a
sign was then posted in accordance with section 4511.98 of the
Revised Code, the court, in addition to all other penalties
provided by law, shall impose upon the offender a fine of two
times the usual amount imposed for the violation. No court shall
impose a fine of two times the usual amount imposed for the
violation upon an offender if the offender alleges, in an
affidavit filed with the court prior to the offender's sentencing,
that the offender is indigent and is unable to pay the fine
imposed pursuant to this division and if the court determines that
the offender is an indigent person and unable to pay the fine.
Sec. 5501.03. (A) The department of transportation shall:
(1) Exercise and perform such other duties, powers, and
functions as are conferred by law on the director, the department,
the assistant directors, the deputy directors, or on the divisions
of the department;
(2) Coordinate and develop, in cooperation with local,
regional, state, and federal planning agencies and authorities,
comprehensive and balanced state policy and planning to meet
present and future needs for adequate transportation facilities in
this state, including recommendations for adequate funding of the
implementation of such planning;
(3) Coordinate its activities with those of other appropriate
state departments, public agencies, and authorities, and enter
into any contracts with such departments, agencies, and
authorities as may be necessary to carry out its duties, powers,
and functions;
(4) Cooperate with and assist the public utilities commission
in the commission's administration of sections 4907.47 to 4907.476
of the Revised Code, particularly with respect to the federal
highway administration;
(5) Cooperate with and assist the Ohio power siting board in
the board's administration of Chapter 4906. of the Revised Code;
(6) Give particular consideration to the development of
policy and planning for public transportation facilities, and to
the coordination of associated activities relating thereto, as
prescribed under divisions (A)(2) and (3) of this section;
(7) Conduct, in cooperation with the Ohio legislative service
commission, any studies or comparisons of state traffic laws and
local traffic ordinances with model laws and ordinances that may
be required to meet program standards adopted by the United States
department of transportation pursuant to the "Highway Safety Act
of 1966," 80 Stat. 731, U.S.C.A. 401;
(8) Prepare, print, distribute, and advertise books, maps,
pamphlets, and other information that, in the judgment of the
director, will inform the public and other governmental
departments, agencies, and authorities as to the duties, powers,
and functions of the department;
(9) In its research and development program, consider
technologies for improving roadways, including construction
techniques and materials to prolong project life, being used or
developed by other states that have geographic, geologic, or
climatic features similar to this state's, and collaborate with
those states in that development.
(B) Nothing contained in division (A)(1) of this section
shall be held to in any manner affect, limit, restrict, or
otherwise interfere with the exercise of powers relating to
transportation facilities by appropriate agencies of the federal
government, or by counties, municipal corporations, or other
political subdivisions or special districts in this state
authorized by law to exercise such powers.
(C) The department may use all appropriate sources of revenue
to assist in the development and implementation of rail service as
defined by division (C) of section 4981.01 of the Revised Code.
(D) The director of transportation may enter into contracts
with public agencies including political subdivisions, other state
agencies, boards, commissions, regional transit authorities,
county transit boards, and port authorities,
transportation
innovation authorities, and any corporation organized under the
laws of Ohio, to administer the design, qualification of bidders,
competitive bid letting, construction inspection, and acceptance
of any projects administered by the department, provided the
administration of such projects is performed in accordance with
all applicable state and federal laws and regulations with
oversight by the department.
Sec. 5501.311. (A) Notwithstanding sections 123.01 and
127.16 of the Revised Code the director of transportation may
lease or lease-purchase all or any part of a transportation
facility to or from one or more persons, one or more governmental
agencies, a transportation improvement district, transportation
innovation authority, or any combination thereof, and may grant
leases, easements, or licenses for lands under the control of the
department of transportation. The director may adopt rules
necessary to give effect to this section.
(B) Plans and specifications for the construction of a
transportation facility under a lease or lease-purchase agreement
are subject to approval of the director and must meet or exceed
all applicable standards of the department.
(C) Any lease or lease-purchase agreement under which the
department is the lessee shall be for a period not exceeding the
then current two-year period for which appropriations have been
made by the general assembly to the department, and such agreement
may contain such other terms as the department and the other
parties thereto agree, notwithstanding any other provision of law,
including provisions that rental payments in amounts sufficient to
pay bond service charges payable during the current two-year lease
term shall be an absolute and unconditional obligation of the
department independent of all other duties under the agreement
without set-off or deduction or any other similar rights or
defenses. Any such agreement may provide for renewal of the
agreement at the end of each term for another term, not exceeding
two years, provided that no renewal shall be effective until the
effective date of an appropriation enacted by the general assembly
from which the department may lawfully pay rentals under such
agreement. Any such agreement may include, without limitation, any
agreement by the department with respect to any costs of
transportation facilities to be included prior to acquisition and
construction of such transportation facilities. Any such agreement
shall not constitute a debt or pledge of the faith and credit of
the state, or of any political subdivision of the state, and the
lessor shall have no right to have taxes or excises levied by the
general assembly, or the taxing authority of any political
subdivision of the state, for the payment of rentals thereunder.
Any such agreement shall contain a statement to that effect.
(D) A municipal corporation, township, or county may use
service payments in lieu of taxes credited to special funds or
accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of the
Revised Code to provide its contribution to the cost of a
transportation facility, provided such facility was among the
purposes for which such service payments were authorized. The
contribution may be in the form of a lump sum or periodic
payments.
(E) Pursuant to the "Telecommunications Act of 1996," 110
Stat. 152, 47 U.S.C. 332 note, the director may grant a lease,
easement, or license in a transportation facility to a
telecommunications service provider for construction, placement,
or operation of a telecommunications facility. An interest granted
under this division is subject to all of the following conditions:
(1) The transportation facility is owned in fee simple or
easement by this state at the time the lease, easement, or license
is granted to the telecommunications provider.
(2) The lease, easement, or license shall be granted on a
competitive basis in accordance with policies and procedures to be
determined by the director. The policies and procedures may
include provisions for master leases for multiple sites.
(3) The telecommunications facility shall be designed to
accommodate the state's multi-agency radio communication system,
the intelligent transportation system, and the department's
communication system as the director may determine is necessary
for highway or other departmental purposes.
(4) The telecommunications facility shall be designed to
accommodate such additional telecommunications equipment as may
feasibly be co-located thereon as determined in the discretion of
the director.
(5) The telecommunications service providers awarded the
lease, easement, or license, agree to permit other
telecommunications service providers to co-locate on the
telecommunications facility, and agree to the terms and conditions
of the co-location as determined in the discretion of the
director.
(6) The director shall require indemnity agreements in favor
of the department as a condition of any lease, easement, or
license granted under this division. Each indemnity agreement
shall secure this state and its agents from liability for damages
arising out of safety hazards, zoning, and any other matter of
public interest the director considers necessary.
(7) The telecommunications service provider fully complies
with any permit issued under section 5515.01 of the Revised Code
pertaining to land that is the subject of the lease, easement, or
license.
(8) All plans and specifications shall meet with the
director's approval.
(9) Any other conditions the director determines necessary.
(F) In accordance with section 5501.031 of the Revised Code,
to further efforts to promote energy conservation and energy
efficiency, the director may grant a lease, easement, or license
in a transportation facility to a utility service provider that
has received its certificate from the Ohio power siting board or
appropriate local entity for construction, placement, or operation
of an alternative energy generating facility service provider as
defined in section 4928.64 of the Revised Code. An interest
granted under this division is subject to all of the following
conditions:
(1) The transportation facility is owned in fee simple or in
easement by this state at the time the lease, easement, or license
is granted to the utility service provider.
(2) The lease, easement, or license shall be granted on a
competitive basis in accordance with policies and procedures to be
determined by the director. The policies and procedures may
include provisions for master leases for multiple sites.
(3) The alternative energy generating facility shall be
designed to provide energy for the department's transportation
facilities with the potential for selling excess power on the
power grid, as the director may determine is necessary for highway
or other departmental purposes.
(4) The director shall require indemnity agreements in favor
of the department as a condition of any lease, easement, or
license granted under this division. Each indemnity agreement
shall secure this state from liability for damages arising out of
safety hazards, zoning, and any other matter of public interest
the director considers necessary.
(5) The alternative energy service provider fully complies
with any permit issued by the Ohio power siting board under
Chapter 4906. of the Revised Code and complies with section
5515.01 of the Revised Code pertaining to land that is the subject
of the lease, easement, or license.
(6) All plans and specifications shall meet with the
director's approval.
(7) Any other conditions the director determines necessary.
(G) Money the department receives under divisions (E) and (F)
of this section shall be deposited into the state treasury to the
credit of the highway operating fund.
(H) A lease, easement, or license granted under division (E)
or (F) of this section, and any telecommunications facility or
alternative energy generating facility relating to such interest
in a transportation facility, is hereby deemed to further the
essential highway purpose of building and maintaining a safe,
energy-efficient, and accessible transportation system.
Sec. 5531.09. (A) The state infrastructure bank shall
consist of the highway and transit infrastructure bank fund, the
aviation infrastructure bank fund, the rail infrastructure bank
fund, and the infrastructure bank obligations fund, and the new
generation infrastructure bank funds, which are hereby created as
funds of the state treasury, to be administered by the director of
transportation and used for the purposes described in division (B)
of this section. The highway and transit infrastructure bank fund,
the aviation infrastructure bank fund, and the rail infrastructure
bank fund shall consist of federal grants and awards or other
assistance received by the state and eligible for deposit therein
under applicable federal law, payments received by the department
in connection with providing financial assistance for qualifying
projects under division (B) of this section, and such other
amounts as may be provided by law. The infrastructure bank
obligations fund shall consist of such amounts of the proceeds of
obligations issued under section 5531.10 of the Revised Code as
the director of transportation determines with the advice of the
director of budget and management; and such other amounts as may
be provided by law.
The new generation infrastructure bank funds
shall consist of such other assistance received by the state as
may be provided by law. The director of budget and management,
upon the request of the director of transportation, may transfer
amounts between the funds created in this division, except the
infrastructure bank obligations fund. The investment earnings of
each fund created by this division shall be credited to such fund.
(B)(1) The director of transportation shall use the state
infrastructure bank, except the new generation infrastructure bank
funds, to encourage public and private investment in
transportation facilities that contribute to the multi-modal and
intermodal transportation capabilities of the state, develop a
variety of financing techniques designed to expand the
availability of funding resources and to reduce direct state
costs, maximize private and local participation in financing
projects, and improve the efficiency of the state transportation
system by using and developing the particular advantages of each
transportation mode to the fullest extent. In furtherance of these
purposes, the director shall use the state infrastructure bank to
provide financial assistance to public or private entities for
qualified projects. Such assistance shall be in the form of loans,
loan guarantees, letters of credit, leases, lease-purchase
agreements, interest rate subsidies, debt service reserves, and
such other forms as the director determines to be appropriate.
All fees, charges, rates of interest, payment schedules, security
for, and other terms and conditions relating to such assistance
shall be determined by the director.
(2) The director shall use the new generation infrastructure
bank funds to encourage transportation innovation authorities
created under Chapter 5539. of the Revised Code to invest in
transportation facilities that contribute to the multi-modal and
intermodal transportation capabilities of the state, develop a
variety of financing techniques designed to expand the
availability of funding resources and to reduce direct state
costs, maximize transportation innovation authorities'
participation in financing projects, and improve the efficiency of
the state transportation system by using and developing the
particular advantages of each transportation mode to the fullest
extent. In furtherance of these purposes, the director shall use
the new generation infrastructure bank funds to provide financial
assistance to transportation innovation authorities for qualified
projects. Such assistance shall be in the form of loans, loan
guarantees, letters of credit, leases, lease-purchase agreements,
interest rate subsidies, debt service reserves, and such other
forms of assistance as the director determines to be appropriate.
All fees, charges, rates of interest, payment schedules, security
for, and other terms and conditions relating to such assistance
shall be determined by the director.
(C) The director of transportation shall adopt rules
establishing guidelines necessary for the implementation and
exercise of the authority granted by this section, including rules
for receiving, reviewing, evaluating, and selecting projects for
which financial assistance may be approved.
(D) As used in this section and in section 5531.10 of the
Revised Code, "qualified project" means any public or private
transportation project as determined by the director of
transportation, including, without limitation, planning,
environmental impact studies, engineering, construction,
reconstruction, resurfacing, restoring, rehabilitation, or
replacement of public or private transportation facilities within
the state, studying the feasibility thereof, and the acquisition
of real or personal property or interests therein; any highway,
public transit, aviation, rail, or other transportation project
eligible for financing or aid under any federal or state program;
and any project involving the maintaining, repairing, improving,
or construction of any public or private highway, road, street,
parkway, public transit, aviation, or rail project, and any
related rights-of-way, bridges, tunnels, railroad-highway
crossings, drainage structures, signs, guardrails, or protective
structures.
(E) The general assembly finds that state infrastructure
projects, as defined in division (A)(8) of section 5531.10 of the
Revised Code, and the state infrastructure bank, will materially
contribute to the economic revitalization of areas of the state
and result in improving the economic welfare of all the people of
the state. Accordingly, it is declared to be the public purpose of
the state, through operations under sections 5531.09 and 5531.10
of the Revised Code, and other applicable laws adopted pursuant to
Section 13 of Article VIII, Ohio Constitution, and other authority
vested in the general assembly, to assist in and facilitate the
purposes set forth in division (B) of section 5531.10 of the
Revised Code, and to assist and cooperate with any governmental
agency in achieving such purposes.
Sec. 5531.18. The director of transportation shall establish
a procedure whereby a political subdivision or other governmental
agency or agencies may submit a written application to the
director in accordance with Chapter 5539. of the Revised Code
requesting the department of transportation to construct and
operate a toll project within the boundaries of the subdivision,
agency, or agencies making the request. The procedure shall
include a requirement that the director send a written reply to
the subdivision, agency, or agencies explaining the disposition of
the request. The procedure established pursuant to this section
shall not become effective unless it is approved by the Ohio
transportation finance commission created under section 5531.12 of
the Revised Code.
Sec. 5539.01. As used in this chapter:
"Governmental agency" means a county, township, or municipal
corporation, and any agency thereof; any other political
subdivision; any county transit system, regional transit
authority, or regional transit commission created under Chapter
306. of the Revised Code; any new community authority organized
under Chapter 349. of the Revised Code; one or more municipal
corporations and one or more townships acting pursuant to a
cooperative economic development agreement entered into under
section 701.07 of the Revised Code; any joint economic development
zone or joint economic development district organized under
Chapter 715. of the Revised Code; any metropolitan planning
organization; any port authority created under Chapter 4582. of
the Revised Code; any transportation improvement district created
under Chapter 5540. of the Revised Code; the Ohio rail development
commission created under Chapter 4981. of the Revised Code; any
other public corporation, agency, or commission established
pursuant to state law; and any combination of the above.
"Multimodal and intermodal transportation system" means a
system of roads and highways, rail lines, water ports, airports,
bicycle paths, pedestrian walkways, or public transit systems,
including connections between them, and related facilities.
"Passenger rail service" means passenger railroad service
that connects two or more urbanized areas.
"Public transportation" has the same meaning as in section
5501.01 of the Revised Code.
"Transportation innovation authority" means a body corporate
and politic created pursuant to section 5539.03 of the Revised
Code.
"Transportation project" means a project constructed,
improved, operated, or managed under this chapter, including the
construction, reconstruction, alteration, repair, improvement,
operation, or management of any road, highway, bridge, or other
transportation facility as defined in section 5501.01 of the
Revised Code; any multimodal and intermodal systems; any public
transit system; and any freight or intercity passenger rail
system.
Sec. 5539.02. (A) The director of transportation is hereby
authorized to establish a transportation innovation authority
pilot project and shall approve not more than two transportation
innovation authorities per district of the department of
transportation pursuant to division (B) of section 5539.03 of the
Revised Code and shall report to the general assembly pursuant to
division (C) of section 5539.07 of the Revised Code.
(B) The purpose of a transportation innovation authority
established under this chapter is to foster and encourage the
investment of public and private resources in the planning and
implementation of innovative transportation projects to enhance
the efficiency of the state's transportation system, enhance
intermodal and multimodal systems to streamline the
transportation of goods and persons, and encourage the improvement
and development of public transit systems and intercity passenger
rail service throughout the state. A transportation innovation
authority shall assist governmental agencies in the identification
of transportation needs that will foster growth and economic
development in the region conducive to the transportation projects
and shall assist in funding priority projects through cooperative
arrangements involving public and private partnerships.
(C) In determining which transportation innovation
authorities to approve, the director shall give greater weight and
consideration to transportation projects of potential authorities
where transportation, water, sewer, and other utility
infrastructure already is in existence, and shall adopt rules to
reflect these weights and preferences.
Sec. 5539.03. (A) Subject to approval by the director of
transportation under division (B) of this section, any
governmental agency, by resolution, ordinance, or other formal
action by the appropriate legislative authority of such
governmental agency, as applicable, may enter into an agreement
with one or more other governmental agencies proposing to form a
transportation innovation authority. The agreement between all
participating governmental agencies, at a minimum, shall do all of
the following:
(1) Identify all members of the authority;
(2) Designate the geographical area to be included in the
jurisdiction of the authority;
(3) Specify the role and voting rights of the authority's
board of directors from among the governmental agencies that are
not counties, townships, or municipal corporations;
(4) Identify the transportation needs of the geographical
area covered by the authority and define the transportation
projects necessary to meet such needs;
(5) Provide for the planning, construction, operation, and
maintenance of transportation projects proposed to be undertaken
by the authority;
(6) Establish the dates for the existence and operation of
the authority, which shall include a date of creation, the means
for determining when the authority shall cease to exist, how the
authority may expand its membership, and how a member may end its
membership;
(7) Allow for and establish the terms of funding arrangements
for the identified projects through any combination of funding
sources authorized by this chapter or otherwise authorized by law;
(8) Subject to section 5539.031 of the Revised Code, require
all political subdivisions participating as members of the
authority to agree, in a time and manner specified in the
agreement, to adopt zoning and land use policies and laws that
are consistent with and that complement the transportation
innovation authority priorities, objectives, and identified
projects;
(9) Designate how its members shall provide the authority
with any clerical, legal, and other staff assistance necessary to
implement the agreement and pay for copying, mailing, and any
other such expenses incurred by the authority in meeting the
requirements imposed by sections 5539.01 to 5539.11 of the Revised
Code;
(10) Specify the process by which the boards or legislative
authorities of member governmental agencies may ratify a
transportation project and the funding thereof as recommended by
the authority. The ratification process may specify the adoption
by all governmental agencies, a majority of governmental agencies,
the governmental agencies of the most populous jurisdictions
participating in the authority, or other acceptable process.
(11) Specify the types of funding mechanisms that the members
of the transportation innovation authority agree to use for the
transportation project and the implementation procedures,
including notification, as may be provided in the Revised Code or
appropriate local law, for such mechanisms.
(B) Upon entering into an agreement, a proposed
transportation innovation authority shall provide a copy of the
agreement to the director of transportation, who shall approve or
disapprove the agreement or suggest modifications to ensure
consistency with the purposes of this chapter. Each member shall
be notified of the director's approval, disapproval, or suggested
modifications, with a deadline for any action that is required to
be taken. If the authority has not adopted an agreement on or
before the deadline, the authority shall cease to exist.
(C) A transportation innovation authority is deemed to be
created upon the adoption by each participating governmental
agency, acting by resolution, ordinance, or other formal action,
as applicable, of an agreement approved by the director.
(D) A governmental agency that is a member of a
transportation innovation authority may exercise any powers
granted to such authority members by this chapter, but no other
power is granted to such a governmental agency solely by virtue of
its participation as a member of an authority. A governmental
agency that is a member of an authority retains all powers granted
to it by law, subject to any limitations imposed on authority
members by this chapter and by any agreements entered into by the
governmental agency pursuant to this chapter as a member of an
authority.
Sec. 5539.031. (A) As soon as practicable after approval of
an agreement under division (C) of section 5539.03 of the Revised
Code and before engaging in any transportation project
development, a transportation innovation authority shall develop a
proposed land use plan for the area within the authority that
includes recommended changes to current land use and zoning
policies and other measures that promote land use consistent with
the authority's proposed transportation projects. The proposed
land use plan shall be submitted to each member governmental
agency and the department of transportation. The plan shall
include a document that specifically details the changes required
of each such governmental agency to that agency's current land use
and zoning policies. Upon receipt of the proposed land use plan,
the appropriate legislative authority of the governmental agency,
in the time and manner specified in the agreement adopted under
section 5539.03 of the Revised Code, shall express its intent to
take action to change its land use policies and regulations.
(B) Upon approval of a proposed land use plan, the authority
shall develop a transportation project, including proposed funding
sources for the project. The authority shall submit a draft of its
proposed plan to the board of directors for approval. If approved,
the members of the authority shall submit the proposed plan to
their respective boards or legislative authorities, which shall
take appropriate action to ratify or disapprove the proposed plan.
Each such board or legislative authority shall notify the
transportation innovation authority in writing of its ratification
or disapproval of the proposed plan.
Sec. 5539.04. (A) A transportation innovation authority shall
be governed by a board of directors, the membership of which shall
be established by the governmental agencies comprising the
authority; provided, that there shall be an equal number of board
members representing each governmental agency comprising the
authority. Each member of the board serves at the pleasure of the
member's appointing authority, and the appointing authority may
remove an appointee the appointing authority has appointed at any
time and for any reason. Members of the board shall receive no
compensation but may be reimbursed for their necessary and actual
expenses incurred in the course of duties as board members. The
affirmative vote of a majority of the board is necessary to
transact business.
(B) An authority shall adopt bylaws for the regulation of its
affairs and the conduct of its business and shall provide for
public notice and opportunity for public comment on the
identification of transportation projects and plans for funding
the construction, operation, and maintenance of such projects.
(C) A transportation innovation authority is a body both
corporate and politic. The exercise by it of the powers conferred
by this chapter are considered to be essential governmental
functions and shall be governed by all applicable state and
federal laws in the planning, construction, operation, and
maintenance of transportation projects proposed to be undertaken
by the authority.
(D) Membership on the board of directors of a transportation
innovation authority is not the holding of a public office or
employment within the meaning of any section of the Revised Code
or any municipal charter provision prohibiting the holding of
other public office or employment. Membership on such a board is
not a direct or indirect interest in an agreement or expenditure
of money by a governmental agency with which a member may be
affiliated. Notwithstanding any provision of law or a municipal
charter to the contrary, no member of a board of directors of a
transportation innovation authority shall forfeit or be
disqualified from holding any public office or employment by
reason of membership on the board.
(E) The board of directors of a transportation innovation
authority is a public body for the purposes of section 121.22 of
the Revised Code. Chapter 2744. of the Revised Code applies to
such a board and the transportation innovation authority.
Sec. 5539.05. A transportation innovation authority may:
(A) Sue and be sued in its own name, plead, and be impleaded;
provided, any actions against the authority shall be brought in
the court of common pleas in the county in which the authority is
headquartered or in the court of common pleas of the county in
which the cause of action arose, and all summonses and notices of
any kind shall be served on the authority by leaving a copy
thereof at its headquarters;
(B) Purchase, construct, maintain, repair, sell, exchange,
secure, operate, or lease a project as defined by this chapter;
(C) Make and enter into all contracts and agreements
necessary or incidental to the performance of its functions in
designing, planning, and implementing a project and the execution
of its powers under this chapter;
(D) Employ, retain, or contract for the services of local
governments, including councils of governments, regional planning
commissions, community improvement corporations, and other forms
of cooperative local governments, consultants, engineers,
construction and accounting experts, financial advisers, trustees,
attorneys, or other employees, independent contractors, or agents
as are necessary in its judgment for the exercise of its powers
and performance of its duties under this chapter;
(E) Acquire, hold, and dispose of property in the exercise of
its powers and the performance of its duties under this chapter;
(F) Direct its agents or employees, when properly identified
in writing and after reasonable notice, to enter upon lands within
its jurisdiction to make surveys and examinations preliminary to
the location and construction of projects for the authority,
without liability of the authority or its agents or employees
except for actual damages arising solely out of such entry;
(G) Enter into contracts, agreements, or any other
partnerships with private entities, where appropriate, to
streamline and enhance the planning and implementation and funding
of identified projects;
(H) Do all acts necessary and proper to carry out the powers
expressly granted in this chapter.
Sec. 5539.06. The board and members of a transportation
innovation authority shall invite the participation of any new
community authority, county transit system, regional transit
authority, regional transit commission, joint economic development
zone or joint economic development district, transportation
improvement district, port authority, or metropolitan planning
organization whose jurisdiction is within or substantially within
the geographical area as agreed to by the authority.
Sec. 5539.07. (A) The director of transportation may provide
grants for planning and project development, funding from the
state infrastructure bank under section 5531.09 of the Revised
Code, and support for the priority transportation projects
identified by a transportation innovation authority.
(B) In accordance with Chapter 119. of the Revised Code, the
director may adopt rules to assist in the creation and operation
of transportation innovation authorities consistent with the
purposes of this chapter.
(C) The director shall issue an annual report to the general
assembly summarizing the effectiveness of the authorities created
under this chapter in identifying and funding the transportation
needs of the state.
Sec. 5539.08. (A) A transportation innovation authority shall
hold and apply such funds as it considers necessary to carry out
the powers and duties conferred by this chapter and as set forth
in the agreement adopted by the authority.
(B) An authority shall adopt an operating budget to hire
employees, contract for services, and conduct normal business
functions. All funding for such operating budget shall be paid
from contributions from each governmental agency constituting the
authority. No state funds shall be used for the operating budget
of an authority.
(C) An authority shall submit an annual audited financial
report to the general assembly and the director of transportation
setting forth all sources and uses of funds obtained or otherwise
generated by the authority and a detailed breakdown of the
different classes of expenditures made by the authority during
each calendar year of operation. Such report also shall contain
two-year budget projections for the operating expenses for the
authority and specific transportation project funding.
Sec. 5539.09. (A) A transportation innovation authority may
acquire by purchase, lease, lease-purchase, lease with option to
purchase, or otherwise, and in such manner and for such
consideration as it considers proper, any public or private
property necessary, convenient, or proper for the construction,
maintenance, repair, or operation of a transportation project.
Title to real and personal property shall be held in the name of
the authority. Except as otherwise agreed to by the owner, full
compensation shall be paid for public property taken.
(B) A governmental agency may exercise the power of eminent
domain to acquire property necessary for or in connection with a
transportation project, but only to the extent such power is
granted to the governmental agency individually. In any
proceedings for appropriation, the procedure to be followed shall
be in accordance with that provided in sections 163.01 to 163.22
of the Revised Code or as otherwise provided by law for the
governmental agency. Nothing in this chapter shall be construed as
permitting a transportation innovation authority to exercise the
power of eminent domain as a collective entity to acquire property
necessary for or in connection with a transportation project.
(C) This section does not authorize an authority to take or
disturb property or facilities belonging to any public utility or
to a common carrier engaged in interstate commerce or to a cable
operator as defined in section 4939.01 of the Revised Code if the
property or facilities are required for the proper and convenient
operation of the public utility or common carrier or cable
operator unless provision is made for the restoration, relocation,
replication, or duplication of the property or facilities
elsewhere at the sole cost of the authority.
(D) Except as otherwise provided in this chapter, disposition
of real property shall be by sale, lease-purchase agreement, lease
with option to purchase, or otherwise in such manner and for such
consideration as the authority determines if to a governmental
agency or to a private entity involved in the transportation
project funding, and otherwise in the manner provided in section
5501.45 of the Revised Code for the disposition of property by the
director of transportation. Disposition of personal property shall
be in such manner and for such consideration as the authority
determines.
Sec. 5539.10. The board of directors of a transportation
innovation authority may acquire real property in fee simple in
the name of the authority in connection with, but in excess of
that needed for, a project, by any method other than appropriation
and hold the property for such period of time as the board
determines. All right, title, and interest of the authority in the
property may be sold at public auction or otherwise, as the board
considers in the best interests of the authority, but in no event
shall the property be sold for less than two-thirds of its
appraised value. Sale at public auction shall be undertaken only
after the board advertises the sale in a newspaper of general
circulation in the area of the jurisdiction of the authority for
at least two weeks prior to the date set for the sale.
Sec. 5539.11. (A) A governmental agency may fund or assist in
funding a transportation project as set forth in this chapter
using the authority granted to any governmental agency
participating as a member of a transportation innovation
authority, but only to the extent such power is granted to the
governmental agency individually. Nothing in this section shall be
construed as permitting a transportation innovation authority or
granting such authority the right to levy any fee, assessment,
payment, or tax as a collective entity.
(B) Projects identified by a transportation innovation
authority under this chapter may be funded through any combination
of revenue generated under the authority granted by this chapter
or under the authority granted to any governmental agency
participating as a member of an authority. Subject to the
following limitations, such funding sources may include special
fees and assessments levied by a governmental agency, fair share
payments, payments in lieu of property tax on improvements, cash
payments by private participants, dedicated portions of local
sales tax and local income tax receipts, loans or grants from
local, state, or federal sources, implementation of tolling
arrangements or other charges as authorized and governed by
section 5531.12 of the Revised Code, or any other revenue raising
or tax incentive authority available to an authority or any
governmental agency acting as a member of an authority:
(1) A transportation innovation authority may participate in
the levy of special assessments by a governmental agency to assist
in the payment of costs for the construction, reconstruction,
alteration, repair, improvement, operation, or management of an
identified transportation project if the authority determines that
the project will benefit the geographical area as agreed to by the
authority.
(2) When it is determined that a project will benefit both a
single political subdivision and the geographical area as agreed
to by the authority, any governmental agency participating as a
member of a transportation innovation authority may exercise its
taxing authority on income, sales, or property under Title LVII of
the Revised Code, or provide for payments in lieu of property tax
on improvements, to benefit the geographical area as agreed to by
the authority.
(3) A transportation innovation authority may obtain loans or
grants from local, state, or federal sources. Loans or grants from
federal or state sources may be used for funding transportation
projects and may not be applied to the operating expenses of an
authority; provided, that an authority may use such loans or
grants to pay the expenses it incurs in planning a transportation
project even if such planning costs normally are categorized as
operating expenses by the authority.
(4) An authority may issue bonds to pay for all or part of
the cost of an identified project.
(5) When it is determined that a project will benefit both a
single political subdivision and the geographical area as agreed
to by the authority, each governmental agency participating as a
member of the authority may issue bonds for a portion of the cost
of any project if Chapter 133. of the Revised Code would authorize
the issuance of those bonds as if the governmental agency alone
were undertaking the project, subject to the same conditions and
restrictions.
(6) Any governmental agency participating as a member of an
authority may appropriate money available to the agency to pay
costs incurred by the authority in the exercise of its powers and
duties.
(7) An authority may enter into agreements with private
entities to assist with the construction, improvement, operation,
or management of transportation projects. Such agreements may
include fair share payments to be made by the private entities to
fund the projects.
(8)(a) An authority may charge tolls or fees for the use of
its transportation projects or facilities pursuant to section
5531.12 of the Revised Code. The authority may retain a portion of
the fees charged as its administrative fee, provided the amount of
the fee is reviewed and approved by the director of transportation
on an annual basis. Subject to division (B)(8)(b) of this section,
all other revenues shall be utilized to support construction,
improvement, repair, maintenance, administration, and operation
costs for transportation projects within the geographical area as
agreed to by the authority. All projects for which a toll or fee
is proposed to be charged shall be subject to the review and
approval of the transportation review advisory council in
accordance with Chapter 5512. of the Revised Code.
(b)(i) If an authority charges tolls or fees for the use of a
transportation project or facility, the authority shall expend
those tolls or fees only on that project or facility and on no
other project or facility.
(ii) If a transportation project or facility is composed of
more than one transportation mode and the authority charges tolls
or fees for any of the different transportation modes that
comprise the project or facility, the authority shall expend those
tolls or fees that are collected for the use of a particular
transportation mode only on that project or facility, only on that
particular transportation mode of that project or facility, and on
no other project or facility.
(C) The exercise of the powers granted by this chapter is in
all respects for the benefit of the people of the state, for the
improvement of their safety, convenience, and welfare, and for the
enhancement of their residential, agricultural, recreational,
economic, commercial, and industrial opportunities and is a public
purpose. As the operation and maintenance of transportation
projects constitute the performance of essential governmental
functions, a transportation innovation authority shall not be
required to pay any taxes or assessments upon any transportation
project, or upon any property acquired or used by the authority
under this chapter, or upon the income therefrom. The transfer to
or from the transportation innovation authority of title or
possession of any transportation project, part thereof, or item
included or to be included in any such project, is not subject to
the taxes levied pursuant to Chapters 5739. and 5741. of the
Revised Code, and any bonds and notes, their transfer, and the
income therefrom, including any gain made on the sale thereof,
shall at all times be free from taxation within the state.
Sec. 5539.12. (A) Prior to taking formal action to adopt or
enter into any instrument granting a tax exemption that provides
for payments in lieu of property tax on improvements located
within a township to fund a transportation project pursuant to
section 5539.11 of the Revised Code, the board of township
trustees of that township shall notify the board of county
commissioners of the county in which the proposed tax-exempted
property is located. The notice shall include a copy of the
instrument or application. The notice shall be delivered not later
than forty-five days prior to the day the board of township
trustees takes formal action to adopt or enter into the
instrument. If the board of county commissioners comments on the
instrument or application to the board of township trustees not
later than thirty days from the date of delivery of the notice,
the board of township trustees shall consider the comments.
(B) Prior to taking formal action to adopt or enter into any
instrument granting a tax exemption that provides for payments in
lieu of property tax on improvements located within a county to
fund a transportation project pursuant to section 5539.11 of the
Revised Code, the board of county commissioners of that county
shall notify the board of township trustees of each township
within that county in which the proposed tax-exempted property is
located. The notice shall include a copy of the instrument or
application. The notice shall be delivered not later than
forty-five days prior to the day the board of county commissioners
takes formal action to adopt or enter into the instrument. If a
board of township trustees comments on the instrument or
application to the board of county commissioners not later than
thirty days from the date of delivery of the notice, the board of
county commissioners shall consider the comments.
(C) Prior to taking formal action to adopt or enter into any
instrument granting a tax exemption that provides for payments in
lieu of property tax on improvements located within a municipal
corporation to fund a transportation project pursuant to section
5539.11 of the Revised Code, the legislative authority of that
municipal corporation shall notify the board of county
commissioners of the county in which the proposed tax-exempted
property is located and the board of township trustees of any
township of which the municipal corporation is a part in which the
proposed tax-exempted property is located. The notice shall
include a copy of the instrument or application. The notice shall
be delivered not later than forty-five days prior to the day the
legislative authority of the municipal corporation takes formal
action to adopt or enter into the instrument. If a board of county
commissioners or board of township trustees comments on the
instrument or application to the legislative authority of the
municipal corporation not later than thirty days from the date of
delivery of the notice, the legislative authority of the municipal
corporation shall consider the comments.
Section 2. That existing sections 4511.21, 5501.03,
5501.311, 5531.09, and 5531.18 of the Revised Code are hereby
repealed.
Section 3. All items in this section are hereby appropriated
as designated out of any moneys in the state treasury to the
credit of the New Generation Infrastructure Bank funds created in
section 5531.09 of the Revised Code. For all appropriations made
in this act, those in the first column are for fiscal year 2010
and those in the second column are for fiscal year 2011. The
appropriations made in this act are in addition to any other
appropriations made for the FY 2010-2011 biennium.
DOT Department of Transportation
Highway Operating Fund Group
2160 |
772439 |
|
New Generation Highway Loan
|
|
$ |
50,000,000 |
|
$ |
0 |
2160 |
772440 |
|
New Generation Highway Bond |
|
$ |
50,000,000 |
|
$ |
0 |
2180 |
775461 |
|
New Generation Multi Modal Loan |
|
$ |
120,000,000 |
|
$ |
0 |
2180 |
775462 |
|
New Generation Multi Modal Bond |
|
$ |
120,000,000 |
|
$ |
0 |
|
|
|
|
|
|
|
|
|
|
TOTAL HOF Highway Operating Fund Group |
|
$ |
340,000,000 |
|
$ |
0 |
TOTAL ALL BUDGET FUND GROUPS |
|
$ |
340,000,000 |
|
$ |
0 |
Within the limits set forth in this act, the Director of
Budget and Management shall establish accounts indicating the
source and amount of funds for each appropriation made in this
act, and shall determine the form and manner in which
appropriation accounts shall be maintained. Expenditures from
appropriations contained in this act shall be accounted for as
though made in Am. Sub. H.B. 2 of the 128th General Assembly.
The appropriations made in this act are subject to all
provisions of Am. Sub. H.B. 2 of the 128th General Assembly that
are generally applicable to such appropriations.
|