130th Ohio General Assembly
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S. B. No. 2  As Introduced
As Introduced

128th General Assembly
Regular Session
2009-2010
S. B. No. 2


Senator Carey 



A BILL
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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
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 under Title V 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 item in this division is appropriated as designated out of any moneys in the state treasury to the credit of Fund 3080 that are not otherwise appropriated.
Appropriations
DEV Department of Development
Federal Special Revenue Fund Group
3080 195670 Weatherization – Federal Stimulus $ 0 $ 342,926,000
TOTAL FED Federal Special Revenue Fund Group $ 0 $ 342,926,000
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 342,926,000

The foregoing appropriation item 195670, Weatherization – Federal Stimulus, shall be used for the same purposes and in the same manner as existing appropriation item 195605, Federal Projects, as that appropriation item is 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.
Any unexpended and unencumbered amounts remaining in appropriation item 195670, Weatherization – Federal Stimulus, on June 30, 2009, are reappropriated for the same purpose in fiscal year 2010. The reappropriations shall be reported to the Controlling Board.
Expenditures from the appropriations made in this division 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 3. (A) The federal payments made to the state for highway infrastructure under Title XII 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.
Appropriations
DOT Department of Transportation
Highway Operating Fund Group
7002 772445 Highway Construction – Federal Stimulus $ 0 $ 1,036,236,000
TOTAL HOF Highway Operating Fund Group $ 0 $ 1,036,236,000
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 1,036,236,000

The foregoing appropriation item 772445, Highway Construction – Federal Stimulus, shall be used for the same purposes and in the same manner as existing appropriation item 772422, Highway Construction – Federal, subject to the requirements of the American Recovery and Reinvestment Act of 2009 that apply to the money appropriated.
Of the foregoing appropriation item 772445, Highway Construction – Federal Stimulus, not less than $15,000,000 shall be allocated to each district of the Department of Transportation.
Any unexpended and unencumbered amounts remaining in appropriation item 772445, Highway Construction – Federal Stimulus, on June 30, 2009, are reappropriated for the same purpose in fiscal year 2010. The reappropriation shall be reported to the Controlling Board.
Section 4. (A) To the extent allowable by federal law, of the federal payments received by the state that are referred to in division (A) of Section 3 of this act, the Director of Budget and Management shall transfer $200,000,000 in cash on the effective date of this act, or as soon as possible thereafter, from the Highway Operating Fund (Fund 7002) to the Local Transportation Improvement Program Fund (Fund 7052).
(B) The amounts transferred under division (A) of this section are appropriated for use in fiscal year 2009 for the purposes specified in section 164.14 of the Revised Code. All capital appropriations from Fund 7052 in this act remaining unexpended and unencumbered as of June 30, 2009, are reappropriated for use during the period July 1, 2009, through June 30, 2010, for the same purposes.
Section 5. Expenditures from appropriations made in Sections 3 and 4 of this act shall be accounted for as though made in Am. Sub. H.B. 67 of the 127th General Assembly. However, law contained 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 6.  (A) The federal payments made to the state for school modernization, repair, and renovation under Title IX, and particularly section 9301, of the American Recovery and Reinvestment Act of 2009 shall be credited to the Federal School Modernization Fund (Fund 3CY0), which is created. All investment earnings of the fund shall be credited to the fund.
(B) The item in this division is appropriated as designated out of any moneys in the state treasury to the credit of Fund 3CY0 that are not otherwise appropriated:
Appropriations
SFC School Facilities Commission
Federal Special Revenue Fund Group
3CY0 230630 School Facilities – Federal Stimulus $ 0 $ 521,091,000
TOTAL FED Federal Special Revenue Fund Group $ 0 $ 521,091,000
TOTAL ALL BUDGET FUND GROUPS $ 0 $ 521,091,000

The foregoing appropriation item 230630, School Facilities – Federal Stimulus, shall be used for facilities constructed or renovated under Chapter 3318. of the Revised Code, subject to the requirements of the American Recovery and Reinvestment Act of 2009 that apply to the money appropriated.
Any unexpended and unencumbered amounts remaining in appropriation item 230630, School Facilities – Federal Stimulus, on June 30, 2009, are reappropriated for the same purpose in fiscal year 2010. The reappropriations shall be reported to the Controlling Board.
Expenditures made from the appropriation made in this division shall be accounted for as though made in Am. Sub. H.B. 562 of the 127th General Assembly. The appropriation made in this division is subject to all provisions of Am. Sub. H.B. 562 of the 127th General Assembly that are generally applicable to the appropriation.
Section 7.  (A) The federal payments made to the state to provide capitalization grants for the Clean Water State Revolving Fund under Title VIII of the American Recovery and Reinvestment Act of 2009 shall be credited to the Water Pollution Control Loan Fund, which is a custodial fund created in section 6111.036 of the Revised Code.
(B) Moneys received under this section shall be used and administered in accordance with section 6111.036 of the Revised Code, subject to the requirements of the American Recovery and Reinvestment Act of 2009 that apply to the money.
Section 8.  (A) The federal payments made to the state to provide capitalization grants for the Drinking Water State Revolving Fund under Title VIII of the American Recovery and Reinvestment Act of 2009 shall be credited to the Drinking Water Assistance Fund, which is a custodial fund created in section 6109.22 of the Revised Code.
(B) Moneys received under this section shall be used and administered in accordance with section 6109.22 of the Revised Code, subject to the requirements of the American Recovery and Reinvestment Act of 2009 that apply to the money.
Section 9.  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 10. 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.
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