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Am. H. B. No. 436 As Enrolled
(129th General Assembly)
(Amended House Bill Number 436)
To enact sections 122.97 and 122.971 of the Revised
Code to create the SiteOhio certification program
within the Department of Development to certify
and market eligible commercial, industrial, and
manufacturing sites and facilities.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 122.97 and 122.971 of the Revised
Code be enacted to read as follows:
Sec. 122.97. (A) As used in this section:
(1) "Eligible applicant" means a person or a political
(2) "Eligible project" means a project that, upon completion,
will be a site and facility primarily intended for commercial,
industrial, or manufacturing use. "Eligible projects" do not
include sites and facilities intended primarily for residential,
retail, or government use.
(3) "Person" has the same meaning as in section 5701.01 of
the Revised Code.
(4) "Political subdivision" means a municipal corporation,
township, county, school district, or any other body corporate and
politic responsible for governmental activities in a geographic
area smaller than that of the state.
(5) "SiteOhio certification program" means the program
created under this section.
(B) There is hereby created the SiteOhio certification
program to certify and market eligible projects in the state. The
program shall be administered by the department of development.
(C) An eligible applicant may apply to the director of
development on forms prescribed by the director for the director
to certify an eligible project. In addition to the application,
the applicant shall submit any additional materials required by
the director. The director shall establish scoring criteria,
scoring instruments, and materials for use by the department of
development in reviewing applications under the SiteOhio
certification program. The content of the scoring criteria,
scoring instruments, and materials shall be at the discretion of
the director and may include, where practicable, evaluation of
certain quality of life indicators and community assets. The
scoring criteria, scoring instruments, and materials shall be
published and made available with the application.
Subject to any limitations imposed under division (E)(2) of
this section, the director shall approve an application and
certify the applicant's eligible project if the applicant meets
all of the scoring criteria established by the director.
(D) After the director of development certifies an eligible
project, the project shall be listed on the department's web site.
The director shall market certified eligible projects to
(E) The director of development shall adopt rules under
Chapter 119. of the Revised Code necessary to implement and
operate the SiteOhio certification program. The rules may provide
for eligible applicants for certification to be charged fees to
cover administrative costs incurred by the department in the
administration of this section. Any fees collected under this
section shall be credited to the SiteOhio administration fund. The
director may do either of the following:
(1) Contract with one or more persons to administer all or
part of the SiteOhio certification program.
(2) Limit the number of eligible projects the director
certifies according to the available resources and capabilities of
Sec. 122.971. There is hereby created in the state treasury
the SiteOhio administration fund. Money collected from the fees
remitted by applicants for certification under section 122.97 of
the Revised Code shall be credited to the fund. The director of
development shall use the fund to pay the department's
administrative expenses for administering the SiteOhio
certification program under section 122.97 of the Revised Code.