Laws, Acts, and Legislation

To provide for the distribution of moneys received by the state from the federal American Recovery and Reinvestment Act of 2009 by making appropriations and to declare an emergency.

Section 1. For all appropriations made in this act, those in the first column are for fiscal year 2008 and those in the second column are for fiscal year 2009. The appropriations made in this act are in addition to any other appropriations made for fiscal years 2008 and 2009.

Section 2. (A) The federal payments made to the state for the Weatherization Assistance Program and the State Energy Grant Program under Title IV of Division A of the American Recovery and Reinvestment Act of 2009 shall be deposited to the credit of the Federal Special Revenue Fund (Fund 3080).

(B) The federal payments made to the state for the Home Investment Partnerships Program under Title XII of Division A of the American Recovery and Reinvestment Act of 2009 shall be deposited to the credit of the HOME Program Fund (Fund 3V10).

(C) The federal payments made to the state for the Community Development Block Grant program under Title XII of Division A of the American Recovery and Reinvestment Act of 2009 shall be deposited to the credit of the Community Development Block Grant Fund (Fund 3K80). The amounts deposited for the purposes of the Community Development Block Grant program are hereby appropriated, subject to the approval of the Controlling Board.

(D) The items in this division are appropriated as designated out of any moneys in the state treasury to the credit of their respective funds that are not otherwise appropriated.

3080	195605	Federal Projects	$	$	276,553,000
3080	195618	Energy Federal Grants	$	$	122,604,000
3V10	195601	HOME Program	$	$	83,381,000
TOTAL FED Federal Special Revenue Fund Group			$	$	482,538,000
TOTAL ALL BUDGET FUND GROUPS			$	$	482,538,000

The foregoing appropriation item 195605, Federal Projects, shall be used to carry out the Home Weatherization Assistance Program, subject to any requirements of the American Recovery and Reinvestment Act of 2009 that apply to the money appropriated.

The foregoing appropriation items 195618, Energy Federal Grants and 195601, HOME Program, shall be used in accordance with the requirements of the American Recovery and Reinvestment Act of 2009 that apply to the money appropriated.

Section 3. (A) The federal payments made to the state for Education Technology under Title VIII of Division A of the American Recovery and Reinvestment Act of 2009 shall be deposited to the credit of the Technology Literacy Transfer Fund (Fund 3S20).

(B) The item in this section is appropriated as designated out of any moneys in the state treasury to the credit of Fund 3S20 that are not otherwise appropriated.

3S20	200641	Education Technology	$	$	23,902,000
TOTAL FED Federal Special Revenue Fund Group			$	$	23,902,000
TOTAL ALL BUDGET FUND GROUPS			$	$	23,902,000

(C) The foregoing appropriation item 200641, Education Technology, shall be used to assist school districts in their efforts to implement school technology plans and to assist school districts with the integration of technology into curricula and instruction practices and may be used to provide ongoing professional development to teachers, subject to the requirements of the American Recovery and Reinvestment Act of 2009 that apply to the money appropriated.

Section 4. (A) The federal payments made to the state for clean air under Title VII of Division A of the "American Recovery and Reinvestment Act of 2009" shall be deposited to the credit of the Clean Air Fund (Fund 4K20).

(B) The item in this section is appropriated as designated out of any moneys in the state treasury to the credit of Fund 4K20 that are not otherwise appropriated.

The foregoing appropriation item 715648, Clean Air Non-Title V, shall be used in accordance with the requirements of the "American Recovery and Reinvestment Act of 2009" that apply to the money appropriated.

Section 5. The federal payments that are made to the state from the Clean Water State Revolving Fund pursuant to Title VIII of the "American Recovery and Reinvestment Act of 2009" shall be credited to the Water Pollution Control Loan Fund created in section 6111.036 of the Revised Code. Notwithstanding the requirements of section 6111.036 of the Revised Code, money credited to the fund under this section shall be used and administered to provide financial assistance in any manner that is consistent with the requirements of the "Federal Water Pollution Control Act" or the "American Recovery and Reinvestment Act of 2009."

Notwithstanding the requirements of section 6111.036 of the Revised Code, rules adopted under it and Chapter 3745-47 of the Administrative Code, the Director of Environmental Protection, for the purpose of obtaining federal payments pursuant to Title VIII of the "American Recovery and Reinvestment Act of 2009," may impose alternative public comment procedures for the draft intended use plan, including alternative time frames for public notice and comment and the frequency of public meetings. However, nothing in this section eliminates the requirement that public meetings and comment periods be held.

Section 6. The federal payments that are made to the state from the Drinking Water State Revolving Fund pursuant to Title VIII of the "American Recovery and Reinvestment Act of 2009" shall be credited to the Drinking Water Assistance Fund created in section 6109.22 of the Revised Code. Notwithstanding the requirements of section 6109.22 of the Revised Code, money credited to the fund under this section shall be used and administered to provide financial assistance in any manner that is consistent with the requirements of the "Safe Drinking Water Act" or the "American Recovery and Reinvestment Act of 2009."

Notwithstanding the requirements of section 6109.22 of the Revised Code, rules adopted under it and Chapter 3745-47 of the Administrative Code, the Director of Environmental Protection, for the purpose of obtaining federal payments pursuant to Title VIII of the "American Recovery and Reinvestment Act of 2009," may impose alternative public comment procedures for the draft intended use plan, including alternative time frames for public notice and comment and the frequency of public meetings. However, nothing in this section eliminates the requirement that public meetings and comment periods be held.

Section 7. Expenditures from the appropriations made in Sections 2 and 3 of this act shall be accounted for as though made in the relevant main operating appropriations act. The appropriations made in this division are subject to all provisions of the relevant main operating appropriations act that are generally applicable to the appropriations.

Section 8. (A) The federal payments made to the state for highway infrastructure under Title XII of Division A of the American Recovery and Reinvestment Act of 2009 shall be deposited to the credit of the Highway Operating Fund (Fund 7002), which is created in section 5735.291 of the Revised Code.

(B) The item in this division is appropriated as designated out of any moneys in the state treasury to the credit of Fund 7002 that are not otherwise appropriated.

7002	772422	Highway Construction – Federal	$	$	935,677,000
TOTAL HOF Highway Operating Fund Group			$	$	935,677,000
TOTAL ALL BUDGET FUND GROUPS			$	$	935,677,000

Of the foregoing appropriation item 772422, Highway Construction - Federal, not less than $15,000,000 shall be allocated to each district of the Department of Transportation.

The Director of Budget and Management may approve written requests from the Director of Transportation for the transfer of appropriations between appropriation items 771412, Planning and Research – Federal, 772422, Highway Construction - Federal, 772424, Highway Construction – Other, 775452, Public Transportation - Federal, 776462, Grade Crossing - Federal, and 777472, Airport Improvements - Federal, based upon the requirements of the American Recovery and Reinvestment Act of 2009 that apply to the money appropriated. The transfers shall be reported to the Controlling Board at its next regularly scheduled meeting.

(C) Expenditures from appropriations made in this section shall be accounted for as though made in Am. Sub. H.B. 67 of the 127th General Assembly. However, law contained in the relevant operating appropriations act that is generally applicable to the appropriations made in that act also is generally applicable to the appropriations made in Sections 3 and 4 of this act.

Section 9. The federal payments made to the state for the Energy Efficiency and Conservation Block Grant under Title IV of Division A of the American Recovery and Reinvestment Act of 2009 shall be deposited to the credit of the Green Block Grant Fund (Fund 3CZ0) which is created for use by the Air Quality Development Authority, subject to the federal requirements that apply to the money appropriated. The amounts deposited under this section are hereby appropriated. All investment earnings of Fund 3CZ0 shall be credited to the fund.

The Air Quality Development Authority shall develop a plan for the distribution of the funds received under this section and shall submit that plan to the Controlling Board.

Section 10. There is hereby created the Energy Star Rebate Program to provide rebates to residential consumers for the purchase of residential Energy products. The federal payments made to the state for the Energy Star Rebate Program under Title IV of Division A of the American Recovery and Reinvestment Act of 2009 shall be deposited to the credit of the Energy Star Rebate Fund (Fund 3A30), which is created for use by the Air Quality Development Authority to fund the program. The amounts deposited into Fund 3A30 are hereby appropriated. All investment earnings of Fund 3A30 shall be credited to the fund.

The Air Quality Development Authority shall develop rules for the administration of the program and a plan for the distribution of funds received under this section. The plan shall be submitted to the Controlling Board.

Section 11. The federal payments made to the state for the Leaking Underground Storage Tank Trust Fund Program under Title VII of Division A of the American Recovery and Reinvestment Act of 2009 shall be deposited to the credit of the Federal Special Revenue Fund (Fund 3480) used by the Department of Commerce. The amounts deposited under this section are hereby appropriated for use to carry out the program, subject to any requirements of the American Recovery and Reinvestment Act of 2009 that apply to the money appropriated.

Section 12. As soon as possible after a state agency approves a project that uses funds provided under the American Recovery and Reinvestment Act of 2009 and appropriated by this act, the applicable state agency shall cause to be posted on the state's web site providing information about the federal stimulus initiative, located at www.recovery.ohio.gov or its successor web site, information about the approved project, including but not limited to a project name and description, the county where the project will be located, the program or sub-program that provided the funding, the project sponsor, the estimated time for the project to begin, the estimated time for the project to be completed, the amount of stimulus moneys funding the project, and the project's total cost.

Section 13. In the award of any contract using money appropriated pursuant to this act, the parties to the contract shall comply with all applicable federal and state laws, including the requirements of the Minority Business Enterprise Program, the Encouraging Diversity, Growth, and Equity Program, and the Buy Ohio Program.

Section 14. Any unexpended, unencumbered amounts remaining in all appropriation items made in this act at the end of fiscal year 2009 are reappropriated for the same purpose in fiscal year 2010. The reappropriations shall be reported to the Controlling Board.

Section 15. 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.

Section 16. This act is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, and safety. The reason for such necessity is to allocate the moneys provided by the American Recovery and Reinvestment Act of 2009 expeditiously pursuant to applicable federal requirements and thereby to increase employment and job security in Ohio. Therefore, this act shall go into immediate effect.