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H. B. No. 676 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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A BILL
To amend sections 1710.01, 1710.02, 1710.021,
1710.03, 1710.04, 1710.05, 1710.06, 1710.061,
1710.07, 1710.11, 1710.12, 1710.13, 4582.06, and
4582.31; to amend, for the purpose of adopting a
new section number as indicated in parentheses,
section 1710.061 (1710.40); and to enact sections
1710.20, 1710.21, 1710.22, 1710.23, 1710.24,
1710.25, 1710.26, 1710.27, 1710.28, 1710.29,
1710.30, 1710.31, 1710.32, 1710.33, 1710.34,
1710.35, 1710.36, and 1710.37 of the Revised Code
to authorize port authorities to create energy
special improvement districts for the purpose of
developing and implementing plans for special
energy improvement projects and to alter the law
governing such districts that are governed by a
nonprofit corporation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1710.01, 1710.02, 1710.021,
1710.03, 1710.04, 1710.05, 1710.06, 1710.061, 1710.07, 1710.11,
1710.12, 1710.13, 4582.06, and 4582.31 be amended, section
1710.061 (1710.40) be amended for the purpose of adopting a new
section number as indicated in parentheses, and sections 1710.20,
1710.21, 1710.22, 1710.23, 1710.24, 1710.25, 1710.26, 1710.27,
1710.28, 1710.29, 1710.30, 1710.31, 1710.32, 1710.33, 1710.34,
1710.35, 1710.36, and 1710.37 of the Revised Code be enacted to
read as follows:
Sec. 1710.01. As used in this chapter:
(A) "Special improvement district" means a special
improvement district organized under this chapter sections 1710.02
to 1710.13 of the Revised Code.
(B) "Church" means a fellowship of believers, congregation,
society, corporation, convention, or association that is formed
primarily or exclusively for religious purposes and that is not
formed for the private profit of any person.
(C) "Church property" means property that is described as
being exempt from taxation under division (A)(2) of section
5709.07 of the Revised Code and that the county auditor has
entered on the exempt list compiled under section 5713.07 of the
Revised Code.
(D) "Municipal executive" means the mayor, city manager, or
other chief executive officer of the municipal corporation in
which a special improvement district is located.
(E) "Participating political subdivision" means the municipal
corporation or township, or each of the municipal corporations or
townships, that has territory within the boundaries of a special
improvement district or an energy special improvement district
created under this chapter.
(F) "Legislative authority of a participating political
subdivision" means, with reference to a township, the board of
township trustees.
(G) "Public improvement" means the planning, design,
construction, reconstruction, enlargement, or alteration of any
facility or improvement, including the acquisition of land, for
which a special assessment may be levied under Chapter 727. of the
Revised Code, and includes any special energy improvement project.
(H) "Public service" means any service that can be provided
by a municipal corporation or any service for which a special
assessment may be levied under Chapter 727. of the Revised Code.
(I) "Special energy improvement project" means any property,
device, structure, or equipment necessary for the acquisition,
installation, equipping, and improvement of any real or personal
property used for the purpose of creating a solar photovoltaic
project, a solar thermal energy project, a geothermal energy
project, a waste heat recovery project, a hydroelectric project, a
water efficiency project, a combined heat and power (CHP) project,
a fuel source conversion project, a cogeneration project, a
biodigestor project, a customer-generated energy project, or an
energy efficiency improvement, whether such real or personal
property is publicly or privately owned.
(J) "Existing qualified nonprofit corporation" means a
nonprofit corporation that existed before the creation of the
corresponding special improvement district under this chapter,
that is composed of members located within or adjacent to the
district, that has established a police department under section
1702.80 of the Revised Code, and that is organized for purposes
that include acquisition of real property within an area specified
by its articles for the subsequent transfer of such property to
its members exclusively for charitable, scientific, literary, or
educational purposes, or holding and maintaining and leasing such
property; planning for and assisting in the development of its
members; providing for the relief of the poor and distressed or
underprivileged in the area and adjacent areas; combating
community deterioration and lessening the burdens of government;
providing or assisting others in providing housing for low- or
moderate-income persons; and assisting its members by the
provision of public safety and security services, parking
facilities, transit service, landscaping, and parks.
(K) "Energy efficiency improvement" means energy efficiency
technologies, products, and activities that reduce or support the
reduction of energy consumption, allow for the reduction in
demand, or support the production of clean, renewable energy and
that are or will be permanently fixed to real property.
(L) "Customer-generated energy project" means a wind,
biomass, or gasification facility for the production of
electricity that meets either of the following requirements:
(1) The facility is designed to have a generating capacity of
two hundred fifty kilowatts of electricity or less.
(a) Designed to have a generating capacity of more than two
hundred fifty kilowatts of electricity;
(b) Operated in parallel with electric transmission and
distribution facilities serving the real property at the site of
the customer-generated energy project;
(c) Intended primarily to offset part or all of the facility
owner's requirements for electricity at the site of the
customer-generated energy project and is located on the facility
owner's real property; and
(d) Not producing energy for direct sale by the facility
owner to the public.
(M) "Reduction in demand" means a change in customer behavior
or a change in customer-owned or operated assets that reduces or
has the capability to reduce the demand for electricity as a
result of price signals or other incentives.
(N) "Electric distribution utility" and "mercantile customer"
have the same meanings as in section 4928.01 of the Revised Code.
(O) "Fuel source conversion project" means a project
undertaken by a property owner, rural cooperative, or political
subdivision of this state to convert an existing fossil fuel-based
technology, product, or system to a more efficient technology,
product, or system, including conversion to a natural gas or
electricity-based technology, product, or system.
(P) "Nonresidential property" means real property that is not
classified as either residential or agricultural property for
property tax purposes.
(Q) "Port authority" means a port authority created under
section 4582.02 or section 4582.22 of the Revised Code.
Sec. 1710.02. (A) A special improvement district may be
created within the boundaries of any one municipal corporation,
any one township, or any combination of contiguous municipal
corporations and townships for the purpose of developing and
implementing plans for public improvements and public services
that benefit the district. A district may be created by petition
of the owners of real property within the proposed district, or by
an existing qualified nonprofit corporation. If the district is
created by an existing qualified nonprofit corporation, the
purposes for which the district is created may be supplemental to
the other purposes for which the corporation is organized. All
territory in a special improvement district shall be contiguous;
except that the territory in a special improvement district may be
noncontiguous if at least one special energy improvement project
is designated for each parcel of real property included within the
special improvement district. Additional territory may be added to
a special improvement district created under this chapter for the
purpose of developing and implementing plans for special energy
improvement projects if at least one special energy improvement
project is designated for each parcel of real property included
within such additional territory and the addition of territory is
authorized by the initial plan proposed under division (F) of this
section or a plan adopted by the board of directors of the special
improvement district under section 1710.06 of the Revised Code.
The district shall be governed by the board of trustees
directors of a nonprofit corporation. This and the board shall be
known as the board of directors of the special improvement
district. No special improvement district shall include any church
property, or property of the federal or state government or a
county, township, or municipal corporation, unless the church or
the county, township, or municipal corporation specifically
requests in writing that the property be included within the
district, or unless the church is a member of the existing
qualified nonprofit corporation creating the district at the time
the district is created. More than one district may be created
within a participating political subdivision, but no real property
may be included within more than one district unless the owner of
the property files a written consent with the clerk of the
legislative authority, the township fiscal officer, or the village
clerk, as appropriate. The area of each district shall be
contiguous; except that the area of a special improvement district
may be noncontiguous if all parcels of real property included
within such area contain at least one special energy improvement
thereon.
(B) Except as provided in division (C) of this section, a
district created under this chapter sections 1710.02 to 1710.13 of
the Revised Code is not a political subdivision. A district
created under this chapter those sections shall be considered a
public agency under section 102.01 and a public authority under
section 4115.03 of the Revised Code. Each member of the board of
directors of a district, each member's designee or proxy, and each
officer and employee of a district shall be considered a public
official or employee under section 102.01 of the Revised Code and
a public official and public servant under section 2921.42 of the
Revised Code. Districts created under this chapter sections
1710.02 to 1710.13 of the Revised Code are not subject to sections
121.81 to 121.83 of the Revised Code. Districts created under this
chapter but are subject to sections 121.22 and 121.23 of the
Revised Code.
(C) Each district created under this chapter sections 1710.02
to 1710.13 of the Revised Code shall be considered a political
subdivision for purposes of section 4905.34 of the Revised Code.
Membership on the board of directors of the district shall
not be considered as holding a public office. Directors and their
designees shall be entitled to the immunities provided by Chapter
1702. and to the same immunity as an employee under division
(A)(6) of section 2744.03 of the Revised Code, except that
directors and their designees shall not be entitled to the
indemnification provided in section 2744.07 of the Revised Code
unless the director or designee is an employee or official of a
participating political subdivision of the district and is acting
within the scope of the director's or designee's employment or
official responsibilities.
District officers and district members and directors and
their designees or proxies shall not be required to file a
statement with the Ohio ethics commission under section 102.02 of
the Revised Code. All records of the district shall be treated as
public records under section 149.43 of the Revised Code, except
that records of organizations contracting with a district shall
not be considered to be public records under section 149.43 or
section 149.431 of the Revised Code solely by reason of any
contract with a district.
(D) Except as otherwise provided in this section, the
nonprofit corporation that governs a district shall be organized
in the manner described in Chapter 1702. of the Revised Code.
Except in the case of a district created by an existing qualified
nonprofit corporation, the corporation's articles of incorporation
are required to be approved, as provided in division (E) of this
section, by resolution of the legislative authority of each
participating political subdivision of the district. A copy of
that resolution shall be filed along with the articles of
incorporation in the secretary of state's office.
In addition to meeting the requirements for articles of
incorporation set forth in Chapter 1702. of the Revised Code, the
articles of incorporation for the nonprofit corporation governing
a district formed under this chapter sections 1710.02 to 1710.13
of the Revised Code shall provide all the following:
(1) The name for the district, which shall include the name
of each participating political subdivision of the district;
(2) A description of the territory within the district, which
may be all or part of each participating political subdivision.
The description shall be specific enough to enable real property
owners to determine if their property is located within the
district.
(3) A description of the procedure by which the articles of
incorporation may be amended. The procedure shall include
receiving approval of the amendment, by resolution, from the
legislative authority of each participating political subdivision
and filing the approved amendment and resolution with the
secretary of state.
(4) The reasons for creating the district, plus an
explanation of how the district will be conducive to the public
health, safety, peace, convenience, and welfare of the district.
(E) The articles of incorporation for a nonprofit corporation
governing a district created under this chapter sections 1710.02
to 1710.13 of the Revised Code and amendments to them shall be
submitted to the municipal executive, if any, and the legislative
authority of each municipal corporation or township in which the
proposed district is to be located. Except in the case of a
district created by an existing qualified nonprofit corporation,
the articles or amendments shall be accompanied by a petition
signed either by the owners of at least sixty per cent of the
front footage of all real property located in the proposed
district that abuts upon any street, alley, public road, place,
boulevard, parkway, park entrance, easement, or other existing
public improvement within the proposed district, excluding church
property or property owned by the state, county, township,
municipal, or federal government, unless a church, county,
township, or municipal corporation has specifically requested in
writing that the property be included in the district, or by the
owners of at least seventy-five per cent of the area of all real
property located within the proposed district, excluding church
property or property owned by the state, county, township,
municipal, or federal government, unless a church, county,
township, or municipal corporation has specifically requested in
writing that the property be included in the district. Pursuant to
Section 2o of Article VIII, Ohio Constitution, the petition
required under this division may be for the purpose of developing
and implementing plans for special energy improvement projects,
and, in such case, is determined to be in furtherance of the
purposes set forth in Section 2o of Article VIII, Ohio
Constitution. If a special improvement district is being created
under this chapter for the purpose of developing and implementing
plans for special energy improvement projects, the petition
required under this division shall be signed by one hundred per
cent of the owners of the area of all real property located within
the proposed special improvement district, at least one special
energy improvement project shall be designated for each parcel of
real property within the special improvement district, and the
special improvement district may include any number of parcels of
real property as determined by the legislative authority of each
participating political subdivision in which the proposed special
improvement district is to be located. For purposes of determining
compliance with these requirements, the area of the district, or
the front footage and ownership of property, shall be as shown in
the most current records available at the county recorder's office
and the county engineer's office sixty days prior to the date on
which the petition is filed.
Each municipal corporation or township with which the
petition is filed has sixty days to approve or disapprove, by
resolution, the petition, including the articles of incorporation.
In the case of a district created by an existing qualified
nonprofit corporation, each municipal corporation or township has
sixty days to approve or disapprove the creation of the district
after the corporation submits the articles of incorporation or
amendments thereto. This chapter section does not prohibit or
restrict the rights of municipal corporations under Article XVIII
of the Ohio Constitution or the right of the municipal legislative
authority to impose reasonable conditions in a resolution of
approval. The acquisition, installation, equipping, and
improvement of a special energy improvement project under this
chapter shall not supersede any local zoning, environmental, or
similar law or regulation.
(F) Persons proposing creation and operation of the district
may propose an initial plan for public services or public
improvements that benefit all or any part of the district. Any
initial plan shall be submitted as part of the petition proposing
creation of the district or, in the case of a district created by
an existing qualified nonprofit corporation, shall be submitted
with the articles of incorporation or amendments thereto.
An initial plan may include provisions for the following:
(1) Creation and operation of the district and of the
nonprofit corporation to govern the district under this chapter;
(2) Hiring employees and professional services;
(3) Contracting for insurance;
(4) Purchasing or leasing office space and office equipment;
(5) Other actions necessary initially to form, operate, or
organize the district and the nonprofit corporation to govern the
district;
(6) A plan for public improvements or public services that
benefit all or part of the district, which plan shall comply with
the requirements of division (A) of section 1710.06 of the Revised
Code and may include, but is not limited to, any of the permissive
provisions described in the fourth sentence of that division or
listed in divisions (A)(1) to (7)(5) of that section;
(7) If the special improvement district is being created
under this chapter for the purpose of developing and implementing
plans for special energy improvement projects, provision for the
addition of territory to the special improvement district.
After the initial plan is approved by all municipal
corporations and townships to which it is submitted for approval
and the district is created, each participating subdivision shall
levy a special assessment within its boundaries to pay for the
costs of the initial plan. The levy shall be for no more than ten
years from the date of the approval of the initial plan; except
that if the proceeds of the levy are to be used to pay the costs
of a special energy improvement project, the levy of a special
assessment shall be for no more than thirty years from the date of
approval of the initial plan. In the event that additional
territory is added to a special improvement district, the special
assessment to be levied with respect to such additional territory
shall commence not earlier than the date such territory is added
and shall be for no more than thirty years from such date. For
purposes of levying an assessment for this initial plan, the
services or improvements included in the initial plan shall be
deemed a special benefit to property owners within the district.
(G) Each nonprofit corporation governing a district under
this chapter sections 1710.02 to 1710.13 of the Revised Code may
do the following:
(1) Exercise all powers of nonprofit corporations granted
under Chapter 1702. of the Revised Code that do not conflict with
this chapter sections 1710.02 to 1710.13 of the Revised Code;
(2) Develop, adopt, revise, implement, and repeal plans for
public improvements and public services for all or any part of the
district;
(3) Contract with any person, political subdivision as
defined in section 2744.01 of the Revised Code, or state agency as
defined in section 1.60 of the Revised Code to develop and
implement plans for public improvements or public services within
the district;
(4) Contract and pay for insurance for the district and for
directors, officers, agents, contractors, employees, or members of
the district for any consequences of the implementation of any
plan adopted by the district or any actions of the district.
The board of directors of a special improvement district may,
acting as agent and on behalf of a participating political
subdivision, sell, transfer, lease, or convey any special energy
improvement project owned by the participating political
subdivision upon a determination by the legislative authority
thereof that the project is not required to be owned exclusively
by the participating political subdivision for its purposes, for
uses determined by the legislative authority thereof as those that
will promote the welfare of the people of such participating
political subdivision; to improve the quality of life and the
general and economic well-being of the people of the participating
political subdivision; better ensure the public health, safety,
and welfare; protect water and other natural resources; provide
for the conservation and preservation of natural and open areas
and farmlands, including by making urban areas more desirable or
suitable for development and revitalization; control, prevent,
minimize, clean up, or mediate certain contamination of or
pollution from lands in the state and water contamination or
pollution; or provide for safe and natural areas and resources.
The legislative authority of each participating political
subdivision shall specify the consideration for such sale,
transfer, lease, or conveyance and any other terms thereof. Any
determinations made by a legislative authority of a participating
political subdivision under this division shall be conclusive.
Any sale, transfer, lease, or conveyance of a special energy
improvement project by a participating political subdivision or
the board of directors of the special improvement district may be
made without advertising, receipt of bids, or other competitive
bidding procedures applicable to the participating political
subdivision or the special improvement district under Chapter 153.
or 735. or section 1710.11 of the Revised Code or other
representative provisions of the Revised Code.
Sec. 1710.021. Any owner of an interest in real property
that is located within a proposed or existing special improvement
district who enters into a contract to transfer the interest shall
give to the transferee of the interest within the specified period
of time both of the following:
(A) Within five days after entering into the contract, each
notice that the owner received under this chapter sections 1710.02
to 1710.13 of the Revised Code within ninety days prior to
entering into the contract;
(B) Within five days after its receipt, each notice that the
owner receives under this chapter sections 1710.02 to 1710.13 of
the Revised Code after entering into the contract until the
contract is completely performed or terminated.
Sec. 1710.03. (A) Except as otherwise provided in this
division, each owner of real property within a special improvement
district other than the state or federal government is a member of
the district, and the real property of each member of the district
is subject to special assessment under division (C) of section
1710.06 of the Revised Code. A church is not a member of the
district unless the church specifically requested in writing that
its property be included in the district or unless, in the case of
a district created by an existing qualified nonprofit corporation,
the church is a member of the corporation at the time the district
is created. A county, township, or municipal corporation owning
real property in the district is not a member of the district
unless such entity specifically requested in writing that its
property be included in the district.
The identity and address of the owners shall be determined
for any particular action of the nonprofit corporation that
governs the district, including notice of meetings of the
district, no more than sixty days prior to the date of the action,
from the most current records available at the county auditor's
office. For purposes of this chapter sections 1710.02 to 1710.13
of the Revised Code, the persons shown on such records as having
common or joint ownership interests in a parcel of real property
collectively shall constitute the owner of the real property.
(B) A member may file a written statement with the district's
secretary at least three days prior to any meeting of the entire
membership of the district to appoint a proxy to carry out the
member's rights and responsibilities under this chapter sections
1710.02 to 1710.13 of the Revised Code at that meeting.
(C) A member also may appoint a designee to carry out the
member's rights and responsibilities under this chapter sections
1710.02 to 1710.13 of the Revised Code by filing a written
designation form with the district's secretary. This form shall
include the name and address of the member, the name and address
of the designee, and the expiration date, if any, of the
designation and may authorize the designee to vote at any meeting
of the district.
(D) A proxy or designee need not be an elector or resident of
any participating political subdivision of the district or a
member of the district. The appointment of a proxy or a designee
may be changed by filing a new form with the district's secretary.
The most current form filed with the secretary is the valid
appointment. Service of any notice upon a proxy or designee at the
proxy's or designee's address as shown on that form satisfies any
requirements for notification of the member.
Sec. 1710.04. (A) A special improvement district created
under this chapter sections 1710.02 to 1710.13 of the Revised Code
shall be governed by the board of directors of the special
improvement district. The board shall consist of at least five
directors. The board shall include a person appointed by the
legislative authority of each participating political subdivision
and the municipal executive of each municipal corporation with
territory within the boundaries of the special improvement
district. The remainder of the board's members shall be members of
the district. Except for the municipal executives and the
appointees of the legislative authorities, and except as otherwise
provided in this division, members of the board of directors shall
be elected at a meeting of the entire membership of the district.
The initial election of directors may occur at the first meeting
of the entire membership of the district after its creation. All
subsequent elections shall be held at a November an annual meeting
of the membership.
Each municipal executive may designate one person who is an
employee of the municipal corporation involved with its planning
or economic development functions to serve in the municipal
executive's stead. This designee shall serve at the pleasure of
the municipal executive.
In the case of a district created by an existing qualified
nonprofit corporation, the corporation's board of trustees
directors or other governing board, however denominated, shall be
the board of directors of the special improvement district for the
purposes of
this chapter sections 1710.02 to 1710.13 of the
Revised Code. The election of directors otherwise required by this
division shall not be required, and the requirement that municipal
executives and appointees of the legislative authorities be
members of the district's board of directors may be satisfied by
the membership on the corporation's governing board of
representatives of such participating political subdivisions, or
may be waived if approved by resolution of the legislative
authorities of the participating political subdivisions.
(B) A director may file a written statement with the
district's secretary at least three days prior to any meeting of
the board to have a person act as proxy to carry out the
director's rights and responsibilities under this chapter sections
1710.02 to 1710.13 of the Revised Code at that meeting.
A director may also appoint a designee to carry out the
director's rights and responsibilities under this chapter sections
1710.02 to 1710.13 of the Revised Code by filing a written
designation form with the district's secretary. This form shall
include the name and address of the director, the name and address
of the designee, and the expiration date, if any, of the
designation.
A proxy or designee need not be an elector or resident of a
participating political subdivision of the district or a member of
the district. The appointment of a proxy or designee may be
changed by filing a new form with the district's secretary. The
most current form filed with the secretary is the valid
appointment. Service of any notice upon a proxy or designee at the
proxy's or designee's address as shown on that form satisfies any
requirements for notification of the director.
(C) Notice of the time, date, place, and agenda for any
meeting of the board of directors shall be by written notice to
each director, transmitted by certified mail, personal service, or
electronic device prior to the meeting. If possible, the notice
shall be served at least one week prior to the meeting.
The board shall act by a majority vote of those present and
authorized to vote at any meeting where proper notice has been
served.
(D) The board shall elect a chairperson, vice-chairperson,
secretary, and treasurer of the board. These officers shall serve
at the board's pleasure. A director may be elected to more than
one office, except that the director elected as treasurer shall
not be elected to any other office of the board.
By the first day of March of each year, the treasurer shall
submit to each member of the district and to the municipal
executive, chief fiscal officer, and legislative authority of each
municipal corporation with territory within the boundaries of the
special improvement district and the board of township trustees of
each township with territory within the boundaries of the special
improvement district, a report of the district's activities and
financial condition for the previous year.
(E) Divisions (B), (C), and (D) of this section do not apply
to a district created by an existing qualified nonprofit
corporation to the extent those divisions are not consistent with
the regulations of the corporation, in which case the regulations
of the corporation shall govern.
Sec. 1710.05. Except as otherwise provided in this chapter
sections 1710.02 to 1710.13 of the Revised Code, the articles of
incorporation or the code of regulations governing the nonprofit
corporation shall provide for the method by which notice for
meetings of the membership of the special improvement district is
to be given and the method for voting by the membership of the
district.
Sec. 1710.06. (A) The board of directors of a special
improvement district may develop and adopt one or more written
plans for public improvements or public services that benefit all
or any part of the district. Each plan shall set forth the
specific public improvements or public services that are to be
provided, identify the area in which they will be provided, and
specify the method of assessment to be used. Each plan for public
improvements or public services shall indicate the period of time
the assessments are to be levied for the improvements and services
and, if public services are included in the plan, the period of
time the services are to remain in effect. Plans for public
improvements may include the planning, design, construction,
reconstruction, enlargement, or alteration of any public
improvements and the acquisition of land for the improvements.
Plans for public improvements or public services may also include,
but are not limited to, provisions for the following:
(1) Creating and operating the district and the nonprofit
corporation under this chapter sections 1710.02 to 1710.13 of the
Revised Code, including hiring employees and professional
services, contracting for insurance, and purchasing or leasing
office space and office equipment and other requirements of the
district;
(2) Planning, designing, and implementing a public
improvements or public services plan, including hiring
architectural, engineering, legal, appraisal, insurance,
consulting, energy auditing, and planning services, and, for
public services, managing, protecting, and maintaining public and
private facilities, including public improvements;
(3) Conducting court proceedings to carry out this chapter
sections 1710.02 to 1710.13 of the Revised Code;
(4) Paying damages resulting from the provision of public
improvements or public services and implementing the plans;
(5) Paying the costs of issuing, paying interest on, and
redeeming or refunding notes and bonds issued for funding public
improvements and public services plans;
(6) Sale, lease, lease with an option to purchase, conveyance
of other interests in, or other contracts for the acquisition,
construction, maintenance, repair, furnishing, equipping,
operation, or improvement of any special energy improvement
project by the special improvement district, between a
participating political subdivision and the special improvement
district, and between the special improvement district and any
owner of real property in the special improvement district on
which a special energy improvement project has been acquired,
installed, equipped, or improved; and
(7) Aggregating the renewable energy credits generated by one
or more special energy improvement projects within a special
improvement district, upon the consent of the owners of the
credits and for the purpose of negotiating and completing the sale
of such credits.
(B) Once the board of directors of the special improvement
district adopts a plan, it shall submit the plan to the
legislative authority of each participating political subdivision
and the municipal executive of each municipal corporation in which
the district is located, if any. The legislative authorities and
municipal executives shall review the plan and, within sixty days
after receiving it, may submit their comments and recommendations
about it to the district. After reviewing these comments and
recommendations, the board of directors may amend the plan. It may
then submit the plan, amended or otherwise, in the form of a
petition to members of the district whose property may be assessed
for the plan. Once the petition is signed by those members who own
at least sixty per cent of the front footage of property that is
to be assessed and that abuts upon a street, alley, public road,
place, boulevard, parkway, park entrance, easement, or other
public improvement, or those members who own at least seventy-five
per cent of the area to be assessed for the improvement or
service, the petition may be submitted to each legislative
authority for approval. If the special improvement district was
created for the purpose of developing and implementing plans for
special energy improvement projects, the petition required under
this division shall be signed by one hundred per cent of the
owners of the area of all real property located within the area to
be assessed for the special energy improvement project.
Each legislative authority shall, by resolution, approve or
reject the petition within sixty days after receiving it. If the
petition is approved by the legislative authority of each
participating political subdivision, the plan contained in the
petition shall be effective at the earliest date on which a
nonemergency resolution of the legislative authority with the
latest effective date may become effective. A plan may not be
resubmitted to the legislative authorities and municipal
executives more than three times in any twelve-month period.
(C) Each participating political subdivision shall levy, by
special assessment upon specially benefited property located
within the district, the costs of any public improvements or
public services plan contained in a petition approved by the
participating political subdivisions under this section or
division (F) of section 1710.02 of the Revised Code. The levy
shall be made in accordance with the procedures set forth in
Chapter 727. of the Revised Code, except that:
(1) The assessment for each improvements or services plan may
be levied by any one or any combination of the methods of
assessment listed in section 727.01 of the Revised Code, provided
that the assessment is uniformly applied.
(2) For the purpose of levying an assessment, the board of
directors may combine one or more improvements or services plans
or parts of plans and levy a single assessment against specially
benefited property.
(3) For purposes of special assessments levied by a township
pursuant to this chapter sections 1710.02 to 1710.13 of the
Revised Code, references in Chapter 727. of the Revised Code to
the municipal corporation shall be deemed to refer to the
township, and references to the legislative authority of the
municipal corporation shall be deemed to refer to the board of
township trustees.
Church property or property owned by a political subdivision,
including any participating political subdivision in which a
special improvement district is located, shall be included in and
be subject to special assessments made pursuant to a plan adopted
under this section or division (F) of section 1710.02 of the
Revised Code, if the church or political subdivision has
specifically requested in writing that its property be included
within the special improvement district and the church or
political subdivision is a member of the district or, in the case
of a district created by an existing qualified nonprofit
corporation, if the church is a member of the corporation.
(D) All rights and privileges of property owners who are
assessed under Chapter 727. of the Revised Code shall be granted
to property owners assessed under this chapter sections 1710.02 to
1710.13 of the Revised Code, including those rights and privileges
specified in sections 727.15 to 727.17 and 727.18 to 727.22 of the
Revised Code and the right to notice of the resolution of
necessity and the filing of the estimated assessment under section
727.13 of the Revised Code. Property owners assessed for public
services under this chapter sections 1710.02 to 1710.13 of the
Revised Code shall have the same rights and privileges as property
owners assessed for public improvements under this chapter
sections 1710.02 to 1710.13 of the Revised Code.
Sec. 1710.07. The cost of any public improvements or public
services plan of a special improvement district may include, but
is not limited to, the following:
(A) The cost of creating and operating the district under
this chapter sections 1710.02 to 1710.13 of the Revised Code,
including creating and operating a nonprofit organization
organized under this chapter sections 1710.02 to 1710.13 of the
Revised Code, hiring employees and professional services,
contracting for insurance, and purchasing or leasing office space
or office equipment;
(B) The cost of planning, designing, and implementing the
public improvements or public services plan, including payment of
architectural, engineering, legal, appraisal, insurance,
consulting, energy auditing, and planning fees and expenses, and,
for public services, the management, protection, and maintenance
costs of public or private facilities;
(C) Any court costs incurred by the district in implementing
the public improvements or public services plan;
(D) Any damages resulting from implementing the public
improvements or public services plan;
(E) The costs of issuing, paying interest on, and redeeming
or refunding notes and bonds issued for funding the public
improvements or public services plan; and
(F) The costs associated with the sale, lease, lease with an
option to purchase, conveyance of other interests in, or other
contracts for the acquisition, construction, maintenance, repair,
furnishing, equipping, operation, or improvement of any special
energy improvement project by the district, between a
participating political subdivision and the special improvement
district, or between the special improvement district and any
owner of real property in the special improvement district on
which a special energy improvement project has been acquired,
installed, equipped, or improved.
Sec. 1710.11. The board of directors of a special
improvement district shall adopt written rules prescribing
competitive bidding procedures for contracts awarded under this
chapter sections 1710.02 to 1710.13 of the Revised Code. The
procedures may differ from competitive bidding procedures
applicable to the participating political subdivisions of the
district or those provided in Chapter 735. of the Revised Code.
The rules shall provide for advertising for bids and specify the
bidding procedures to be followed, and may specify conditions
under which competitive bidding is not required and other
conditions such as establishing a dollar limit per contract or
specifying particular parties to a contract.
Sec. 1710.12. Any participating political subdivision of a
special improvement district may issue bonds and notes in
anticipation of collection of any special assessments authorized
by this chapter sections 1710.02 to 1710.13 of the Revised Code.
All proceeds of any assessments, such bonds, or notes issued to
fund any public improvements or public services plan under this
chapter
sections 1710.02 to 1710.13 of the Revised Code shall
first be applied by the political subdivision to payment of those
bonds or notes and any interest on them, as required by section
133.17 of the Revised Code. Any remaining proceeds shall be turned
over to the treasurer of the district and deposited in a district
account to be used for the purposes for which the assessment was
made or for which the bonds or notes were issued.
Sec. 1710.13. This section does not apply to a special
improvement district created by an existing qualified nonprofit
corporation.
The process for dissolving a special improvement district or
repealing an improvements or services plan may be initiated by a
petition signed by members of the district who own at least twenty
per cent of the appraised value of the real property located in
the district, excluding church property or real property owned by
the federal government, the state, or a county, township, or
municipal corporation, unless the church, county, township, or
municipal corporation has specifically requested in writing that
the property be included in the district, and filed with the
municipal executive, if any, and the legislative authorities of
all the participating political subdivisions of the district. As
used in this section, "appraised value" means the taxable value
established by the county auditor for purposes of real estate
taxation.
No later than forty-five days after such a petition is filed,
the members of the district shall meet to consider it. Notice of
the meeting shall be given as provided in section 1710.05 of the
Revised Code. Upon the affirmative vote of members who
collectively own more than fifty per cent of the appraised value
of the real property in the district that may be subject to
assessment under division (C) of section 1710.06 of the Revised
Code, the district shall be dissolved, or the plan shall be
repealed, as applicable.
No rights or obligations of any person under any contract, or
in relation to any bonds, notes, or assessments made under
this
chapter sections 1710.02 to 1710.13 of the Revised Code, shall be
affected by the dissolution of the district or the repeal of a
plan, except with the consent of that person or by order of a
court with jurisdiction over the matter. Upon dissolution of a
district, any assets or rights of the district, after payment of
all bonds, notes, or other obligations of the district, shall be
deposited in a special account in the treasury of each
participating political subdivision, prorated among all
participating political subdivisions to reflect the percentage of
the district's territory within that political subdivision, to be
used for the benefit of the territory that made up the district.
Once the members have approved the repeal of a plan, all
bonds, notes, and other obligations of the district associated
with the plan shall be paid. Thereafter, the plan shall be
repealed. Upon receipt of proof that all bonds, notes, and other
obligations have been paid and that the plan has been repealed,
the participating political subdivisions shall terminate any
levies imposed to pay for costs of the plan.
Sec. 1710.20. For the purpose of developing and implementing
plans for special energy improvement projects on nonresidential
property, a property owner or owners may create an energy special
improvement district. The property owner or owners shall create
the district in accordance with sections 1710.20 to 1710.28 of the
Revised Code and shall ensure that all of the following apply to
the district:
(A) The district is governed by a nonprofit corporation
organized under Chapter 1702. of the Revised Code acting through
its board of directors.
(B) The territory comprising the district is within the
boundaries of any one municipal corporation, any one township, or
any combination of contiguous or noncontiguous municipal
corporations or townships.
(C) At least one special energy improvement project is
designated for each parcel of real property within the district.
Sec. 1710.21. In order to create an energy special
improvement district under sections 1710.20 to 1710.28 of the
Revised Code, the person or persons proposing the creation of the
district shall submit to each participating political subdivision
all of the following:
(A) A written plan for special energy improvement projects
created in accordance with section 1710.22 of the Revised Code;
(B) The articles of incorporation for the nonprofit
corporation that will govern the district that meet the
requirements of section 1710.23 of the Revised Code; and
(C) A petition for the creation of the district signed by one
hundred per cent of the property owners located within the
proposed district.
For purposes of compliance with division (C) of this section,
the person or persons proposing creation of the district shall
show the area of the district and the ownership of each parcel of
property of the proposed district by reference to records that
were available from each county recorder's office not more than
sixty days prior to the submission of the petition. A petition
submitted under division (C) of this section is in furtherance of
the purposes set forth in Section 2o of Article VIII, Ohio
Constitution.
Sec. 1710.22. (A) The person or persons proposing the
creation of an energy special improvement district under sections
1710.20 to 1710.28 of the Revised Code shall ensure that the plan
required under section 1710.21 of the Revised Code includes both
of the following:
(1) A description of the proposed special energy improvement
project or projects, including the cost of the proposed project or
projects and a statement of which property or properties each
project will benefit. The person or persons shall designate at
least one special energy improvement project for each parcel of
real property within the proposed district.
(2) The method of assessment to be used and the time period
during which the assessment will be levied.
(B) The person or persons proposing the creation of an energy
special improvement district under sections 1710.20 to 1710.28 of
the Revised Code may include in the plan submitted under section
1710.21 of the Revised Code provisions for the following:
(1) Creating and operating the district and the nonprofit
corporation, including hiring employees and professional services,
contracting for insurance, and purchasing or leasing office space
and office equipment and other requirements of the district;
(2) Planning, designing, and implementing a plan, and paying
the costs of any action taken in furtherance of the plan,
including hiring architectural, engineering, legal, appraisal,
insurance, consulting, energy auditing, and planning services;
(3) Conducting court proceedings to carry out sections
1710.20 to 1710.28 of the Revised Code;
(4) Paying damages resulting from the provision of public
improvements or public services and implementing a plan;
(5) Paying the costs of issuing, paying interest on, and
redeeming or refunding notes and bonds issued for the purpose of
funding a plan;
(6) Sale, lease, lease with an option to purchase, conveyance
of other interests in, or other contracts for the acquisition,
construction, maintenance, repair, furnishing, equipping,
operation, or improvement of any special energy improvement
project by the energy special improvement district, between a
participating political subdivision and the district, and between
the district and any owner of real property in the district on
which a special energy improvement project has been acquired,
installed, equipped, or improved;
(7) Aggregating the renewable energy credits generated by one
or more special energy improvement projects within an energy
special improvement district, upon the consent of the owners of
the credits and for the purpose of negotiating and completing the
sale of such credits;
(8) The addition of territory to the energy special
improvement district;
(9) Any other actions necessary to form, operate, or organize
the energy special improvement district and the nonprofit
corporation that will govern the energy special improvement
district.
Sec. 1710.23. The person or persons proposing the creation
of an energy special improvement district under sections 1710.20
to 1710.28 of the Revised Code shall ensure that in addition to
meeting the requirements for articles of incorporation set forth
in Chapter 1702. of the Revised Code, the articles of
incorporation submitted under section 1710.21 of the Revised Code
for the nonprofit corporation that will govern the energy special
improvement district provide all of the following:
(A) The name for the district;
(B) A description of the territory within the district, which
may be all or part of each participating political subdivision;
(C) A description of the procedure by which the articles of
incorporation may be amended;
(D) The reasons for creating the district and an explanation
of how the district will be conducive to the public health,
safety, peace, convenience, and welfare of the district.
Sec. 1710.24. (A) Each participating political subdivision
with which the petition, the plan, and the articles of
incorporation are filed under section 1710.21 of the Revised Code
has sixty days to approve or disapprove, by resolution, the
petition, the plan, and the articles of incorporation. A copy of
that resolution shall be filed along with the articles of
incorporation in the secretary of state's office. The energy
special improvement district is created upon the filing of
approval by all participating political subdivisions within the
proposed energy special improvement district.
This division does not prohibit or restrict the rights of
municipal corporations under Article XVIII of the Ohio
Constitution or the right of the municipal legislative authority
to impose reasonable conditions in a resolution of approval. The
acquisition, installation, equipping, and improvement of a special
energy improvement project under this section does not supersede
any local zoning, environmental, or similar law or regulation.
(B) If a participating political subdivision approves the
petition, the plan, and the articles of incorporation, the
participating political subdivision shall levy a special
assessment on all real property in the energy special improvement
district that is located within its boundaries to pay for the
costs of the plan. The participating political subdivision shall
levy the special assessment for not more than thirty years from
the first day of the year in which the special assessment is
imposed. In the event that additional territory is added to the
energy special improvement district, a participating political
subdivision shall levy the special assessment with respect to such
additional territory commencing not earlier than the date such
territory is added and for not more than thirty years from the
first day of the year in which the special assessment is first
imposed.
(C) For purposes of levying a special assessment for the
plan, the special energy improvement projects included in the plan
are deemed a special benefit to property owners within the energy
special improvement district. The use of special assessments
levied to benefit such property owners does not constitute
expenditures made with public funds. The participating political
subdivision shall levy the special assessment in accordance with
Chapter 727. of the Revised Code except that:
(1) The participating political subdivision may levy the
assessment for each plan by any one or any combination of the
methods of assessment listed in section 727.01 of the Revised
Code, provided that the assessment is uniformly applied;
(2) For purposes of levying an assessment, the participating
political subdivision may combine one or more plans or parts of
plans and levy a single assessment against specially benefited
property;
(3) For purposes of special assessments levied by a township
under this section, references in Chapter 727. of the Revised Code
to the municipal corporation are deemed to refer to the township,
and references to the legislative authority of the municipal
corporation are deemed to refer to the board of township trustees.
(D) All applicable rights and privileges of a property owner
that is assessed under Chapter 727. of the Revised Code are
granted to a property owner assessed under this section, including
those rights and privileges specified in sections 727.15 to 727.17
and 727.18 to 727.22 of the Revised Code and the right to notice
of the resolution of necessity and the filing of the estimated
assessment under section 727.13 of the Revised Code. Property
owners assessed for public services under this section have the
same rights and privileges as property owners assessed for public
improvements under this section.
Sec. 1710.25. (A) Each nonprofit corporation governing an
energy special improvement district under sections 1710.20 to
1710.28 of the Revised Code may do the following:
(1) Exercise all powers of nonprofit corporations granted
under Chapter 1702. of the Revised Code that do not conflict with
sections 1710.20 to 1710.28 of the Revised Code;
(2) Develop, adopt, revise, implement, and repeal plans for
all or any part of the district;
(3) Contract with any person, political subdivision as
defined in section 2744.01 of the Revised Code, or state agency as
defined in section 1.60 of the Revised Code to develop and
implement plans for special energy improvement projects within the
district;
(4) Contract and pay for insurance for the district and for
directors, officers, agents, contractors, employees, or members of
the district for any consequences of the implementation of any
plan adopted by the district or any actions of the district;
(5) Act as an agent for and on behalf of a participating
political subdivision in order to sell, transfer, lease, or convey
any special energy improvement project owned by the political
subdivision, provided that the legislative authority of the
participating political subdivision determines that the project is
not required to be exclusively owned by the political subdivision
for its purposes, and provided that the sale is for any of the
following purposes:
(a) To promote the welfare of the people of such
participating political subdivision;
(b) To improve the quality of life and the general and
economic well-being of the people of the participating political
subdivision;
(c) To better ensure the public health, safety, and welfare;
(d) To protect water and other natural resources;
(e) To provide for the conservation and preservation of
natural and open areas and farmlands, including by making urban
areas more desirable or suitable for development and
revitalization;
(f) To control, prevent, minimize, clean up, or mediate
certain contamination of or pollution from lands in the state and
water contamination or pollution; or
(g) To provide for safe and natural areas and resources.
The legislative authority of a participating political
subdivision shall specify the consideration for such sale,
transfer, lease, or conveyance and any other terms thereof. Any
determinations made by a legislative authority of a participating
political subdivision under division (A)(5) of this section are
conclusive.
(B) A participating political subdivision or a nonprofit
corporation governing an energy special improvement district may
make any purchase, sale, transfer, lease, or conveyance of a
special energy improvement project without advertising, receipt of
bids, or other competitive bidding procedures applicable to the
participating political subdivision or the energy special
improvement district under Chapter 153. or 735. or section 1710.11
of the Revised Code or other representative provisions of the
Revised Code.
(C) Membership on the board of directors of the district is
not considered holding a public office. Directors and their
designees are entitled to the immunities provided by Chapter 1702.
and to the same immunity as an employee under division (A)(6) of
section 2744.03 of the Revised Code, except that directors and
their designees are not entitled to the indemnification provided
in section 2744.07 of the Revised Code unless the director or
designee is an employee or official of a participating political
subdivision of the district and is acting within the scope of the
director's or designee's employment or official responsibilities.
District officers and district members and directors and
their designees or proxies are not required to file a statement
with the Ohio ethics commission under section 102.02 of the
Revised Code. All records of the district are public records under
section 149.43 of the Revised Code, except that records of
organizations contracting with a district are not public records
under section 149.43 or section 149.431 of the Revised Code solely
by reason of any contract with a district.
Sec. 1710.26. (A) Each owner of real property within an
energy special improvement district created under sections 1710.20
to 1710.28 of the Revised Code is a member of the energy special
improvement district. The nonprofit corporation governing the
district shall determine the identity and address of each owner
for any particular action of the nonprofit corporation, including
notice of meetings of the district, not more than sixty days prior
to the date of the action, from the most current records available
at the county auditor's office. For purposes of this section, the
persons shown on such records as having common or joint ownership
interests in a parcel of real property collectively constitute the
owner of the real property. The articles of incorporation or the
code of regulations governing the nonprofit corporation shall
provide for the method by which notice for meetings of the
membership of the energy special improvement district is given and
the method for voting by the membership of the district.
(B) A member may file a written statement with the district's
secretary at least three days prior to any meeting of the entire
membership of the district to appoint a proxy to carry out the
member's rights and responsibilities under sections 1710.20 to
1710.28 of the Revised Code at that meeting.
(C) A member also may appoint a designee to carry out the
member's rights and responsibilities under sections 1710.20 to
1710.28 of the Revised Code by filing a written designation form
with the district's secretary. This form shall include the name
and address of the member, the name and address of the designee,
and the expiration date, if any, of the designation and may
authorize the designee to vote at any meeting of the district.
(D) A proxy or designee need not be an elector or resident of
any participating political subdivision of the district or a
member of the district. A member may change the appointment of a
proxy or a designee by filing a new form with the district's
secretary. The most current form filed with the secretary is the
valid appointment. Service of any notice upon a proxy or designee
at the proxy's or designee's address as shown on that form
satisfies any requirements for notification of the member.
Sec. 1710.27. The board of directors of the nonprofit
corporation that governs an energy special improvement district
created under sections 1710.20 to 1710.28 of the Revised Code may
add additional territory to the district upon approval of a
petition by one hundred per cent of the property owners of the
additional territory and a plan that designates at least one
special energy improvement project for each parcel of real
property and that complies with section 1710.22 of the Revised
Code.
Sec. 1710.28. A nonprofit corporation created for the
purpose of governing an energy special improvement district
created under sections 1710.20 to 1710.28 of the Revised Code may
be dissolved not earlier than one year following the creation of
the district if both of the following apply:
(A) The petition of property owners or the plan submitted
under section 1710.21 of the Revised Code authorized dissolution;
(B) Sufficient provisions have been made to levy and collect
special assessments to pay the costs of existing special energy
improvement projects pursuant to a written agreement with a
participating political subdivision.
Upon dissolution of a nonprofit corporation that governs an
energy special improvement district, the property owners shall
succeed to all rights and responsibilities of the nonprofit
corporation.
Sec. 1710.29. On and after the effective date of this
section, any energy special improvement district that, prior to
the effective date of this section, was created under sections
1710.01 to 1710.13 of the Revised Code for the purpose of
developing and implementing plans for special energy improvement
projects shall continue and shall be treated as though it was
created under sections 1710.20 to 1710.28 of the Revised Code.
Such a district shall hereafter be governed by the requirements of
sections 1710.20 to 1710.28 of the Revised Code.
Sec. 1710.30. For the purpose of developing and implementing
plans for special energy improvement projects on nonresidential
property, a port authority may create an energy special
improvement district. The port authority shall create the district
in accordance with sections 1710.30 to 1710.37 of the Revised Code
and shall ensure that all of the following apply to the district:
(A) The district is governed either by the board of directors
of the port authority or a nonprofit corporation organized under
Chapter 1702. of the Revised Code acting through its board of
directors.
(B) The territory comprising the district is within the
jurisdiction of the port authority, but may include territory
within the boundaries of any one municipal corporation, any one
township, or any combination of contiguous or noncontiguous
municipal corporations or townships.
(C) At least one special energy improvement project is
designated for each parcel of real property within the district.
Sec. 1710.31. In order to create an energy special
improvement district under sections 1710.30 to 1710.37 of the
Revised Code, the person or persons proposing the creation of the
district shall submit to the board of directors of a port
authority that has jurisdiction over the territory in which the
proposed energy special improvement district is to be located both
of the following:
(A) A written plan for special energy improvement projects
created in accordance with section 1710.32 of the Revised Code;
(B) A petition for the creation of the district signed by one
hundred per cent of the property owners within the proposed
district.
For purposes of compliance with division (B) of this section,
the person or persons proposing creation of the district shall
show the area of the district and the ownership of each parcel of
property of the proposed district by reference to records that
were available from each county recorder's office not more than
sixty days prior to the submission of the petition. A petition
submitted under division (B) of this section is in furtherance of
the purposes set forth in Section 2o of Article VIII, Ohio
Constitution.
Sec. 1710.32. (A) The person or persons proposing the
creation of an energy special improvement district under sections
1710.30 to 1710.37 of the Revised Code shall ensure that the plan
required under section 1710.31 of the Revised Code includes both
of the following:
(1) A description of the proposed special energy improvement
project or projects, including the cost of the proposed project or
projects and a statement of which property or properties each
project will benefit. The person or persons shall designate at
least one special energy improvement project for each parcel of
real property within the proposed district.
(2) The method of assessment to be used and the time period
during which the assessment will be levied.
(B) The person or persons proposing the creation of an energy
special improvement district under sections 1710.30 to 1710.37 of
the Revised Code may include in the plan submitted under section
1710.31 of the Revised Code provisions for the following:
(1) Creating and operating the district and the nonprofit
corporation, including hiring employees and professional services,
contracting for insurance, and purchasing or leasing office space
and office equipment and other requirements of the district;
(2) Planning, designing, and implementing a plan, and paying
the cost of any action taken in furtherance of the plan, including
hiring architectural, engineering, legal, appraisal, insurance,
consulting, energy auditing, and planning services;
(3) Conducting court proceedings to carry out sections
1710.30 to 1710.37 of the Revised Code;
(4) Paying damages resulting from the provision of public
improvements or public services and implementing a plan;
(5) Paying the costs of issuing, paying interest on, and
redeeming or refunding notes and bonds issued for the purpose of
funding a plan;
(6) Sale, lease, lease with an option to purchase, conveyance
of other interests in, or other contracts for the acquisition,
construction, maintenance, repair, furnishing, equipping,
operation, or improvement of any special energy improvement
project by the energy special improvement district, between a
participating political subdivision and the district, and between
the district and any owner of real property in the district on
which a special energy improvement project has been acquired,
installed, equipped, or improved;
(7) Aggregating the renewable energy credits generated by one
or more special energy improvement projects within a district,
upon the consent of the owners of the credits and for the purpose
of negotiating and completing the sale of such credits;
(8) The addition of territory to the energy special
improvement district;
(9) Any other actions necessary to form, operate, or organize
the energy special improvement district and, if applicable, the
nonprofit corporation that will govern the energy special
improvement district.
Sec. 1710.33. (A)(1) The board of directors of a port
authority with which a petition and plan are filed under section
1710.31 of the Revised Code may approve or disapprove of the plan
and petition. If the board approves of the petition and plan, the
board shall create an energy special improvement district. The
board of directors of the port authority also shall determine
whether the board will govern the district or whether the board
will create a nonprofit corporation to govern the district.
(2) If the board of directors of the port authority will
govern the energy special improvement district, the board shall
prepare bylaws for the energy special improvement district that
include all of the following:
(a) The name of the district;
(b) A description of the territory within the district, which
may include all or part of a municipal corporation or township
within the jurisdiction of the port authority;
(c) Procedures and requirements governing meetings on special
energy improvement projects, including procedures governing the
provision of notice regarding such meetings;
(d) A provision governing the addition of territory to the
district;
(e) Provisions for the operation of the district, hiring
employees and professional services, contracting for insurance,
purchasing and leasing office space and office equipment, and
other actions necessary to form, operate, or organize the
district.
(B) If the board of directors of the port authority creates a
nonprofit corporation for the purpose of governing the energy
special improvement district, the board shall prepare articles of
incorporation for the nonprofit corporation. The board shall
ensure that in addition to meeting the requirements for articles
of incorporation set forth in Chapter 1702. of the Revised Code,
the articles of incorporation provide all of the following:
(1) The name for the district;
(2) A description of the territory within the district, which
may be all or part of each participating political subdivision;
(3) A description of the procedure by which the articles of
incorporation may be amended;
(4) The reasons for creating the district and an explanation
of how the district will be conducive to the public health,
safety, peace, convenience, and welfare of the district.
(C) The board of directors of the port authority shall
provide notice to the property owners that submitted the petition
and plan under section 1710.31 of the Revised Code and any
participating political subdivision that is located within the
energy special improvement district of the approval of the
petition and the plan and the creation of an energy special
improvement district. Along with the notice, the board shall
provide the approved petition, the approved plan, and either the
bylaws or the bylaws and the articles of incorporation, as
applicable, that will dictate the governance of the district. The
board shall include with the notice to the participating political
subdivisions a statement of the responsibilities each
participating political subdivision will assume if the political
subdivision approves the petition and the plan.
Sec. 1710.34. (A) Each participating political subdivision
that receives notice of the creation of an energy special
improvement district under section 1710.34 of the Revised Code has
sixty days to approve or disapprove, by resolution, the petition
by the property owners, the plan for special energy improvement
projects, and either the bylaws or the bylaws and the articles of
incorporation, as applicable, that dictate the governance of the
district. A copy of that resolution shall be filed in the
secretary of state's office.
This division does not prohibit or restrict the rights of
municipal corporations under Article XVIII of the Ohio
Constitution or the right of the municipal legislative authority
to impose reasonable conditions in a resolution of approval. The
acquisition, installation, equipping, and improvement of a special
energy improvement project under this section shall not supersede
any local zoning, environmental, or similar law or regulation.
(B) If a participating political subdivision approves the
petition, the plan, and either the bylaws or the bylaws and the
articles of incorporation, as applicable, the participating
political subdivision shall levy a special assessment on all real
property in the energy special improvement district that is
located within its boundaries to pay for the costs of the plan.
The participating political subdivision shall levy the special
assessment for not more than thirty years from the first day of
the year in which the special assessment is first imposed. In the
event that additional territory is added to the energy special
improvement district, a participating political subdivision shall
levy the special assessment with respect to such additional
territory commencing not earlier than the date such territory is
added and for not more than thirty years from the first day of the
year in which the special assessment is first imposed.
(C) For purposes of levying a special assessment for the
plan, the special energy improvement projects included in the plan
are deemed a special benefit to property owners within the energy
special improvement district. The use of special assessments
levied to benefit such property owners does not constitute
expenditures made with public funds. The participating political
subdivision shall levy the special assessment in accordance with
Chapter 727. of the Revised Code except that:
(1) The participating political subdivision may levy the
assessment for each plan by any one or any combination of the
methods of assessment listed in section 727.01 of the Revised
Code, provided that the assessment is uniformly applied;
(2) For purposes of levying an assessment, the participating
political subdivision may combine one or more plans or parts of
plans and levy a single assessment against specially benefited
property;
(3) For purposes of special assessments levied by a township
under this section, references in Chapter 727. of the Revised Code
to the municipal corporation are deemed to refer to the township,
and references to the legislative authority of the municipal
corporation are deemed to refer to the board of township trustees.
(D) All applicable rights and privileges of a property owner
that is assessed under Chapter 727. of the Revised Code are
granted to a property owner assessed under this section, including
those rights and privileges specified in sections 727.15 to 727.17
and 727.18 to 727.22 of the Revised Code and the right to notice
of the resolution of necessity and the filing of the estimated
assessment under section 727.13 of the Revised Code. Property
owners assessed for public services under this section have the
same rights and privileges as property owners assessed for public
improvements under this section.
Sec. 1710.35. (A) Each nonprofit corporation or port
authority governing an energy special improvement district under
sections 1710.30 to 1710.37 of the Revised Code may do the
following:
(1) Develop, adopt, revise, implement, and repeal plans for
all or any part of the district;
(2) Contract with any person, political subdivision as
defined in section 2744.01 of the Revised Code, or state agency as
defined in section 1.60 of the Revised Code to develop and
implement plans for special energy improvement projects within the
district;
(3) Contract and pay for insurance for the district and for
directors, officers, agents, contractors, employees, or members of
the district for any consequences of the implementation of any
plan adopted by the district or any actions of the district;
(4) Act as an agent for and on behalf of a participating
political subdivision in order to sell, transfer, lease, or convey
any special energy improvement project owned by the political
subdivision, provided that the legislative authority of the
participating political subdivision determines that the project is
not required to be exclusively owned by the political subdivision
for its purposes, and provided that the sale is for any of the
following purposes:
(a) To promote the welfare of the people of such
participating political subdivision;
(b) To improve the quality of life and the general and
economic well-being of the people of the participating political
subdivision;
(c) To better ensure the public health, safety, and welfare;
(d) To protect water and other natural resources;
(e) To provide for the conservation and preservation of
natural and open areas and farmlands, including by making urban
areas more desirable or suitable for development and
revitalization;
(f) To control, prevent, minimize, clean up, or mediate
certain contamination of or pollution from lands in the state and
water contamination or pollution; or
(g) To provide for safe and natural areas and resources.
The legislative authority of a participating political
subdivision shall specify the consideration for such sale,
transfer, lease, or conveyance and any other terms thereof. Any
determinations made by a legislative authority of a participating
political subdivision under division (A)(4) of this section are
conclusive.
(B) In addition to the actions authorized under division (A)
of this section, a nonprofit corporation governing an energy
special improvement district under sections 1710.30 to 1710.37 of
the Revised Code may exercise all powers of nonprofit corporations
granted under Chapter 1702. of the Revised Code, and a port
authority governing an energy special improvement district under
sections 1710.30 to 1710.37 of the Revised Code may exercise all
applicable powers of port authorities granted under Chapter 4582.
of the Revised Code that do not conflict with sections 1710.30 to
1710.37 of the Revised Code.
(C) A participating political subdivision, or a nonprofit
corporation or port authority governing an energy special
improvement district, may make any purchase, sale, transfer,
lease, or conveyance of a special energy improvement project
without advertising, receipt of bids, or other competitive bidding
procedures applicable to the participating political subdivision
or the energy special improvement district under Chapter 153. or
735. or section 1710.11 of the Revised Code or other
representative provisions of the Revised Code.
(D) Membership on the board of directors of the district is
not considered holding a public office. Directors and their
designees are entitled to the immunities provided by Chapter 1702.
and to the same immunity as an employee under division (A)(6) of
section 2744.03 of the Revised Code, except that directors and
their designees are not entitled to the indemnification provided
in section 2744.07 of the Revised Code unless the director or
designee is an employee or official of a participating political
subdivision of the district and is acting within the scope of the
director's or designee's employment or official responsibilities.
District officers and district members and directors and
their designees or proxies are not required to file a statement
with the Ohio ethics commission under section 102.02 of the
Revised Code. All records of the district are public records under
section 149.43 of the Revised Code, except that records of
organizations contracting with a district are not public records
under section 149.43 or section 149.431 of the Revised Code solely
by reason of any contract with a district.
Sec. 1710.36. (A) Each owner of real property within an
energy special improvement district created under sections 1710.30
to 1710.37 of the Revised Code is a member of the energy special
improvement district. The port authority or nonprofit corporation
governing the district shall determine the identity and address of
each owner for any particular action of the port authority or
nonprofit corporation, including notice of meetings of the
district, not more than sixty days prior to the date of the
action, from the most current records available at the county
auditor's office. For purposes of this section, the persons shown
on such records as having common or joint ownership interests in a
parcel of real property collectively constitute the owner of the
real property. The articles of incorporation or the code of
regulations governing the nonprofit corporation, or the bylaws of
the energy special improvement district, shall provide for the
method by which notice for meetings of the membership of the
district is to be given and the method for voting by the
membership of the district.
(B) A member may file a written statement with the district's
secretary at least three days prior to any meeting of the entire
membership of the district to appoint a proxy to carry out the
member's rights and responsibilities under sections 1710.30 to
1710.37 of the Revised Code at that meeting.
(C) A member also may appoint a designee to carry out the
member's rights and responsibilities under sections 1710.30 to
1710.37 of the Revised Code by filing a written designation form
with the district's secretary. This form shall include the name
and address of the member, the name and address of the designee,
and the expiration date, if any, of the designation and may
authorize the designee to vote at any meeting of the district.
(D) A proxy or designee need not be an elector or resident of
any participating political subdivision of the district or a
member of the district. A member may change the appointment of a
proxy or a designee by filing a new form with the district's
secretary. The most current form filed with the secretary is the
valid appointment. Service of any notice upon a proxy or designee
at the proxy's or designee's address as shown on that form
satisfies any requirements for notification of the member.
Sec. 1710.37. The board of directors of the port authority
or the nonprofit corporation that governs an energy special
improvement district created under sections 1710.30 to 3710.37 of
the Revised Code may add additional territory to the district upon
approval of a petition by one hundred per cent of the property
owners of the additional territory and a plan that designates at
least one special energy improvement project for each parcel of
real property and that complies with section 1710.32 of the
Revised Code.
Sec. 1710.061 1710.40. (A) Except as provided in division
(B) of this section, an electric distribution utility may count
toward its compliance with the energy efficiency and peak demand
reduction requirements of section 4928.66 of the Revised Code any
efficiency savings or reduction in demand produced by a special
energy improvement project located in its certified territory.
(B) A mercantile customer that realizes energy efficiency
savings or reduction in demand produced by a special energy
improvement project that it owns may elect to commit the savings
or reduction to the electric distribution utility in exchange for
an exemption from an energy efficiency cost recovery mechanism
permitted under section 4928.66 of the Revised Code, approved by
the public utilities commission.
(C) The board of directors of a an energy special improvement
district shall submit a quarterly report to the electric
distribution utility that includes, but is not limited to, both of
the following:
(1) The total number and a description of each new and
ongoing special energy improvement project located within the
energy special improvement district that produces energy
efficiency savings or reduction in demand;
(2) Any additional information that the electric distribution
utility needs in order to obtain credit under section 4928.66 of
the Revised Code for energy efficiency savings or reduction in
demand from such projects.
Sec. 4582.06. (A) A port authority created in accordance
with section 4582.02 of the Revised Code may:
(1) Acquire, construct, furnish, equip, maintain, repair,
sell, exchange, lease to or from, lease with an option to
purchase, convey other interests in, or operate real or personal
property, or any combination thereof, related to, useful for, or
in furtherance of any authorized purpose, and make charges for the
use of any port authority facility, which shall be not less than
the charges established for the same services furnished by a
public utility or common carrier in the jurisdiction of the
particular port authority;
(2) Straighten, deepen, and improve any canal, channel,
river, stream, or other water course or way that may be necessary
or proper in the development of the facilities of the port
authority;
(3) Issue bonds or notes for the acquisition, construction,
furnishing, or equipping of any real or personal property, or any
combination thereof, related to, useful for, or in furtherance of
any authorized purpose, in compliance with Chapter 133. of the
Revised Code, except that the bonds or notes only may be issued
pursuant to a vote of the electors residing within the territory
of the port authority. The net indebtedness incurred by a port
authority shall never exceed two per cent of the total value of
all property within the territory comprising the authority as
listed and assessed for taxation.
(4) By resolution of its board of directors, issue revenue
bonds beyond the limit of bonded indebtedness provided by law, for
the acquisition, construction, furnishing, or equipping of any
real or personal property, or any combination thereof, related to,
useful for, or in furtherance of any authorized purpose, including
all costs in connection with or incidental thereto.
The revenue bonds of the port authority shall be secured only
by a pledge of and a lien on the revenues of the port authority
derived from those loan payments, rentals, fees, charges, or other
revenues that are designated in the resolution, including, but not
limited to, any property to be acquired, constructed, furnished,
or equipped with the proceeds of the bond issue, after provision
only for the reasonable cost of operating, maintaining, and
repairing the property of the port authority so designated. The
bonds may further be secured by the covenant of the port authority
to maintain rates or charges that will produce revenues sufficient
to meet the costs of operating, maintaining, and repairing such
property and to meet the interest and principal requirements of
the bonds and to establish and maintain reserves for the foregoing
purposes. The board of directors, by resolution, may provide for
the issuance of additional revenue bonds from time to time, to be
secured equally and ratably, without preference, priority, or
distinction, with outstanding revenue bonds, but subject to the
terms and limitations of any trust agreement described in this
section, and of any resolution authorizing bonds then outstanding.
The board of directors, by resolution, may designate additional
property of the port authority, the revenues of which shall be
pledged and be subject to a lien for the payment of the debt
charges on revenue bonds theretofore authorized by resolution of
the board of directors, to the same extent as the revenues above
described.
In the discretion of the board of directors, the revenue
bonds of the port authority may be secured by a trust agreement
between the board of directors on behalf of the port authority and
a corporate trustee, that may be any trust company or bank having
powers of a trust company, within or without the state.
The trust agreement may provide for the pledge or assignment
of the revenues to be received, but shall not pledge the general
credit and taxing power of the port authority. A trust agreement
securing revenue bonds issued to acquire, construct, furnish, or
equip real property, plants, factories, offices, and other
structures and facilities for authorized purposes consistent with
Section 13 or 16 of Article VIII, Ohio Constitution, may mortgage
the real or personal property, or a combination thereof, to be
acquired, constructed, furnished, or equipped from the proceeds of
such revenue bonds, as further security for the bonds. The trust
agreement or the resolution providing for the issuance of revenue
bonds may set forth the rights and remedies of the bondholders and
trustee, and may contain other provisions for protecting and
enforcing their rights and remedies that are determined in the
discretion of the board of directors to be reasonable and proper.
The agreement or resolution may provide for the custody,
investment, and disbursement of all moneys derived from the sale
of such bonds, or from the revenues of the port authority, other
than those moneys received from taxes levied pursuant to section
4582.14 of the Revised Code, and may provide for the deposit of
such funds without regard to section 4582.15 of the Revised Code.
All bonds issued under authority of this chapter, regardless
of form or terms and regardless of any other law to the contrary,
shall have all qualities and incidents of negotiable instruments,
subject to provisions for registration, and may be issued in
coupon, fully registered, or other form, or any combination
thereof, as the board of directors determines. Provision may be
made for the registration of any coupon bonds as to principal
alone or as to both principal and interest, and for the conversion
into coupon bonds of any fully registered bonds or bonds
registered as to both principal and interest.
The revenue bonds shall bear interest at such rate or rates,
shall bear such date or dates, and shall mature within forty-five
years following the date of issuance and in such amount, at such
time or times, and in such number of installments, as may be
provided in or pursuant to the resolution authorizing their
issuance. The final maturity of any original issue of revenue
bonds shall not be later than forty-five years from their date of
issue. Such resolution also shall provide for the execution of the
bonds, which may be by facsimile signatures unless prohibited by
the resolution, and the manner of sale of the bonds. The
resolution shall provide for, or provide for the determination of,
any other terms and conditions relative to the issuance, sale, and
retirement of the bonds that the board of directors in its
discretion determines to be reasonable and proper.
Whenever a port authority considers it expedient, it may
issue renewal notes and refund any bonds, whether the bonds to be
refunded have or have not matured. The final maturity of any
notes, including any renewal notes, shall not be later than five
years from the date of issue of the original issue of notes. The
final maturity of any refunding bonds shall not be later than the
later of forty-five years from the date of issue of the original
issue of bonds. The refunding bonds shall be sold and the proceeds
applied to the purchase, redemption, or payment of the bonds to be
refunded and the costs of issuance of the refunding bonds. The
bonds and notes issued under this chapter, their transfer, and the
income therefrom, shall at all times be free from taxation within
the state.
(5) Do any of the following, in regard to any interests in
any real or personal property, or any combination thereof,
including, without limitation, machinery, equipment, plants,
factories, offices, and other structures and facilities related
to, useful for, or in furtherance of any authorized purpose, for
such consideration and in such manner, consistent with Article
VIII, Ohio Constitution, as the board in its sole discretion may
determine:
(a) Loan moneys to any person or governmental entity for the
acquisition, construction, furnishing, and equipping of the
property;
(b) Acquire, construct, maintain, repair, furnish, and equip
the property;
(c) Sell to, exchange with, lease, convey other interests in,
or lease with an option to purchase the same or any lesser
interest in the property to the same or any other person or
governmental entity;
(d) Guarantee the obligations of any person or governmental
entity.
A port authority may accept and hold as consideration for the
conveyance of property or any interest therein such property or
interests therein as the board in its discretion may determine,
notwithstanding any restrictions that apply to the investment of
funds by a port authority.
(6) Construct, maintain, repair, furnish, equip, sell,
exchange, lease, or lease with an option to purchase, any property
that it is authorized to acquire. A port authority that is subject
to this section also may operate any property in connection with
transportation, recreational, governmental operations, or cultural
activities.
(a) Any purchase, exchange, sale, lease, lease with an option
to purchase, conveyance of other interests in, or other contract
with a person or governmental entity that pertains to the
acquisition, construction, maintenance, repair, furnishing,
equipping, or operation of any real or personal property, or any
combination thereof, related to, useful for, or in furtherance of
an activity contemplated by Section 13 or 16 of Article VIII, Ohio
Constitution, shall be made in such manner and subject to such
terms and conditions as may be determined by the board of
directors in its discretion.
(b) Division (A)(6)(a) of this section applies to all
contracts that are subject to the division, notwithstanding any
other provision of law that might otherwise apply, including,
without limitation, any requirement of notice, any requirement of
competitive bidding or selection, or any requirement for the
provision of security.
(c) Divisions (A)(6)(a) and (b) of this section do not apply
to either of the following:
(i) Any contract secured by or to be paid from moneys raised
by taxation or the proceeds of obligations secured by a pledge of
moneys raised by taxation;
(ii) Any contract secured exclusively by or to be paid
exclusively from the general revenues of the port authority. For
the purposes of this section, any revenues derived by the port
authority under a lease or other agreement that, by its terms,
contemplates the use of amounts payable under the agreement either
to pay the costs of the improvement that is the subject of the
contract or to secure obligations of the port authority issued to
finance costs of such improvement, are excluded from general
revenues.
(7) Apply to the proper authorities of the United States
pursuant to appropriate law for the right to establish, operate,
and maintain foreign trade zones and to establish, operate, and
maintain foreign trade zones; and to acquire land or property
therefor, in a manner consistent with section 4582.17 of the
Revised Code;
(8) Exercise the right of eminent domain to appropriate any
land, rights, rights-of-way, franchises, easements, or other
property, necessary or proper for any authorized purpose, pursuant
to the procedure provided in sections 163.01 to 163.22 of the
Revised Code, if funds equal to the appraised value of the
property to be acquired as a result of such proceedings are
available for that purpose, except that nothing contained in
sections 4582.01 to 4582.20 of the Revised Code shall authorize a
port authority to take or disturb property or facilities belonging
to any agency or political subdivision of this state, public
utility, or common carrier, which property or facilities are
necessary and convenient in the operation of the agency or
political subdivision, public utility, or common carrier, unless
provision is made for the restoration, relocation, or duplication
of the property or facilities, or upon the election of the agency
or political subdivision, public utility, or common carrier, for
the payment of compensation, if any, at the sole cost of the port
authority, provided that:
(a) If any restoration or duplication proposed to be made
pursuant to this section involves a relocation of such property or
facilities, the new facilities and location shall be of at least
comparable utilitarian value and effectiveness, and the relocation
shall not impair the ability of the public utility or common
carrier to compete in its original area of operation.
(b) If any restoration or duplication made pursuant to this
section involves a relocation of such property or facilities, the
port authority shall acquire no interest or right in or to the
appropriated property or facilities, except as provided in
division (A)(11) of this section, until the relocated property or
facilities are available for use and until marketable title
thereto has been transferred to the public utility or common
carrier.
(c) Provisions for restoration or duplication shall be
described in detail in the resolution for appropriation passed by
the port authority.
(9) Enjoy and possess the same rights, privileges, and powers
granted municipal corporations under sections 721.04 to 721.11 of
the Revised Code;
(10) Maintain such funds as it considers necessary;
(11) Direct its agents or employees, when properly identified
in writing, and after at least five days' written notice, to enter
upon lands within the confines of its jurisdiction in order to
make surveys and examinations preliminary to location and
construction of works for the purposes of the port authority,
without liability of the port authority or its agents or employees
except for actual damage done;
(12) Sell, lease, or convey other interests in real and
personal property and grant easements or rights-of-way over
property of the port authority. The board of directors shall
specify the consideration and any terms thereof for the sale,
lease, or conveyance of other interests in real and personal
property. Any determinations made by the board of directors under
this division shall be conclusive. The sale, lease, or conveyance
may be made without advertising and the receipt of bids.
(13) Promote, advertise, and publicize the port authority
facilities and its authorized purposes, provide information to
persons with an interest in transportation and other port
authority activities, and appear before rate-making authorities to
represent and promote the interests of the port authority and its
authorized purposes;
(14) Adopt rules, not in conflict with general law, governing
the use of and the safeguarding of its property, grounds,
buildings, equipment, and facilities, safeguarding persons and
their property located on or in port authority property, and
governing the conduct of its employees and the public, in order to
promote the public safety and convenience in and about its
terminals and grounds, and to maintain order. Any such regulation
shall be posted at no less than five public places in the port
authority, as determined by the board of directors, for a period
of not fewer than fifteen days, and shall be available for public
inspection at the principal office of the port authority during
regular business hours. No person shall violate any lawful
regulation adopted and posted as provided in this division.
(15) Do all acts necessary or appropriate to carry out its
authorized purposes. The port authority shall have the powers and
rights granted to other subdivisions under section 9.20 of the
Revised Code.
(16) Develop and implement plans for special energy
improvement projects and create and govern energy special
improvement districts in accordance with sections 1710.30 to
1710.37 of the Revised Code.
(B) Any instrument by which real property is acquired
pursuant to this section shall identify the agency of the state
that has the use and benefit of the real property as specified in
section 5301.012 of the Revised Code.
(C) Whoever violates division (A)(14) of this section is
guilty of a minor misdemeanor.
Sec. 4582.31. (A) A port authority created in accordance
with section 4582.22 of the Revised Code may:
(1) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(2) Adopt an official seal;
(3) Maintain a principal office within its jurisdiction, and
maintain such branch offices as it may require;
(4) Acquire, construct, furnish, equip, maintain, repair,
sell, exchange, lease to or from, or lease with an option to
purchase, convey other interests in real or personal property, or
any combination thereof, related to, useful for, or in furtherance
of any authorized purpose and operate any property in connection
with transportation, recreational, governmental operations, or
cultural activities;
(5) Straighten, deepen, and improve any channel, river,
stream, or other water course or way which may be necessary or
proper in the development of the facilities of a port authority;
(6) Make available the use or services of any port authority
facility to one or more persons, one or more governmental
agencies, or any combination thereof;
(7) Issue bonds or notes for the acquisition, construction,
furnishing, or equipping of any port authority facility or other
permanent improvement that a port authority is authorized to
acquire, construct, furnish, or equip, in compliance with Chapter
133. of the Revised Code, except that such bonds or notes may only
be issued pursuant to a vote of the electors residing within the
area of jurisdiction of the port authority. The net indebtedness
incurred by a port authority shall never exceed two per cent of
the total value of all property within the territory comprising
the port authority as listed and assessed for taxation.
(8) Issue port authority revenue bonds beyond the limit of
bonded indebtedness provided by law, payable solely from revenues
as provided in section 4582.48 of the Revised Code, for the
purpose of providing funds to pay the costs of any port authority
facility or facilities or parts thereof;
(9) Apply to the proper authorities of the United States
pursuant to appropriate law for the right to establish, operate,
and maintain foreign trade zones and establish, operate, and
maintain foreign trade zones and to acquire, exchange, sell, lease
to or from, lease with an option to purchase, or operate
facilities, land, or property therefor in accordance with the
"Foreign Trade Zones Act," 48 Stat. 998 (1934), 19 U.S.C. 81a to
81u;
(10) Enjoy and possess the same rights, privileges, and
powers granted municipal corporations under sections 721.04 to
721.11 of the Revised Code;
(11) Maintain such funds as it considers necessary;
(12) Direct its agents or employees, when properly identified
in writing, and after at least five days' written notice, to enter
upon lands within the confines of its jurisdiction in order to
make surveys and examinations preliminary to location and
construction of works for the purposes of the port authority,
without liability of the port authority or its agents or employees
except for actual damage done;
(13) Promote, advertise, and publicize the port authority and
its facilities; provide information to shippers and other
commercial interests; and appear before rate-making authorities to
represent and promote the interests of the port authority;
(14) Adopt rules, not in conflict with general law, it finds
necessary or incidental to the performance of its duties and the
execution of its powers under sections 4582.21 to 4582.54 of the
Revised Code. Any such rule shall be posted at no less than five
public places in the port authority, as determined by the board of
directors, for a period of not fewer than fifteen days, and shall
be available for public inspection at the principal office of the
port authority during regular business hours. No person shall
violate any lawful rule adopted and posted as provided in this
division.
(15) Do any of the following, in regard to any interests in
any real or personal property, or any combination thereof,
including, without limitation, machinery, equipment, plants,
factories, offices, and other structures and facilities related
to, useful for, or in furtherance of any authorized purpose, for
such consideration and in such manner, consistent with Article
VIII of the Ohio Constitution, as the board in its sole discretion
may determine:
(a) Loan moneys to any person or governmental entity for the
acquisition, construction, furnishing, and equipping of the
property;
(b) Acquire, construct, maintain, repair, furnish, and equip
the property;
(c) Sell to, exchange with, lease, convey other interests in,
or lease with an option to purchase the same or any lesser
interest in the property to the same or any other person or
governmental entity;
(d) Guarantee the obligations of any person or governmental
entity.
A port authority may accept and hold as consideration for the
conveyance of property or any interest therein such property or
interests therein as the board in its discretion may determine,
notwithstanding any restrictions that apply to the investment of
funds by a port authority.
(16) Sell, lease, or convey other interests in real and
personal property, and grant easements or rights-of-way over
property of the port authority. The board of directors shall
specify the consideration and any terms for the sale, lease, or
conveyance of other interests in real and personal property. Any
determination made by the board under this division shall be
conclusive. The sale, lease, or conveyance may be made without
advertising and the receipt of bids.
(17) Exercise the right of eminent domain to appropriate any
land, rights, rights-of-way, franchises, easements, or other
property, necessary or proper for any authorized purpose, pursuant
to the procedure provided in sections 163.01 to 163.22 of the
Revised Code, if funds equal to the appraised value of the
property to be acquired as a result of such proceedings are
available for that purpose. However, nothing contained in sections
4582.201 to 4582.59 of the Revised Code shall authorize a port
authority to take or disturb property or facilities belonging to
any agency or political subdivision of this state, public utility,
cable operator, or common carrier, which property or facilities
are necessary and convenient in the operation of the agency or
political subdivision, public utility, cable operator, or common
carrier, unless provision is made for the restoration, relocation,
or duplication of such property or facilities, or upon the
election of the agency or political subdivision, public utility,
cable operator, or common carrier, for the payment of
compensation, if any, at the sole cost of the port authority,
provided that:
(a) If any restoration or duplication proposed to be made
under this section involves a relocation of the property or
facilities, the new facilities and location shall be of at least
comparable utilitarian value and effectiveness and shall not
impair the ability of the public utility, cable operator, or
common carrier to compete in its original area of operation;
(b) If any restoration or duplication made under this section
involves a relocation of the property or facilities, the port
authority shall acquire no interest or right in or to the
appropriated property or facilities, except as provided in
division (A)(15) of this section, until the relocated property or
facilities are available for use and until marketable title
thereto has been transferred to the public utility, cable
operator, or common carrier.
As used in division (A)(17) of this section, "cable operator"
has the same meaning as in the "Cable Communications Policy Act of
1984," Pub. L. No. 98-549, 98 Stat. 2780, 47 U.S.C. 522, as
amended by the "Telecommunications Act of 1996," Pub. L. No.
104-104, 110 Stat. 56.
(18)(a) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the performance
of its duties and the execution of its powers under sections
4582.21 to 4582.59 of the Revised Code.
(b)(i) Except as provided in division (A)(18)(c) of this
section or except when the port authority elects to construct a
building, structure, or other improvement pursuant to a contract
made with a construction manager at risk under sections 9.33 to
9.335 of the Revised Code or with a design-build firm under
section 153.65 to 153.73 of the Revised Code, when the cost of a
contract for the construction of any building, structure, or other
improvement undertaken by a port authority involves an expenditure
exceeding the higher of one hundred thousand dollars or the amount
as adjusted under division (A)(18)(b)(ii) of this section, and the
port authority is the contracting entity, the port authority shall
make a written contract after notice calling for bids for the
award of the contract has been given by publication twice, with at
least seven days between publications, in a newspaper of general
circulation in the area of the port authority or as provided in
section 7.16 of the Revised Code. Each such contract shall be let
to the lowest responsive and responsible bidder in accordance with
section 9.312 of the Revised Code. Every contract shall be
accompanied by or shall refer to plans and specifications for the
work to be done, prepared for and approved by the port authority,
signed by an authorized officer of the port authority and by the
contractor, and shall be executed in triplicate.
Each bid shall be awarded in accordance with sections 153.54,
153.57, and 153.571 of the Revised Code. The port authority may
reject any and all bids.
(ii) On January 1, 2012, and the first day of January of
every even-numbered year thereafter, the director of commerce
shall adjust the threshold level for contracts subject to the
bidding requirements contained in division (A)(18)(b)(i) of this
section. The director shall adjust this amount according to the
average increase for each of the two years immediately preceding
the adjustment as set forth in the producer price index for
material and supply inputs for new nonresidential construction as
determined by the bureau of labor statistics of the United States
department of labor or, if that index no longer is published, a
generally available comparable index. If there is no resulting
increase, the threshold shall remain the same until the next
scheduled adjustment on the first day of January of the next
even-numbered year.
(c) The board of directors by rule may provide criteria for
the negotiation and award without competitive bidding of any
contract as to which the port authority is the contracting entity
for the construction of any building or structure or other
improvement under any of the following circumstances:
(i) There exists a real and present emergency that threatens
damage or injury to persons or property of the port authority or
other persons, provided that a statement specifying the nature of
the emergency that is the basis for the negotiation and award of a
contract without competitive bidding shall be signed by the
officer of the port authority that executes that contract at the
time of the contract's execution and shall be attached to the
contract.
(ii) A commonly recognized industry or other standard or
specification does not exist and cannot objectively be articulated
for the improvement.
(iii) The contract is for any energy conservation measure as
defined in section 307.041 of the Revised Code.
(iv) With respect to material to be incorporated into the
improvement, only a single source or supplier exists for the
material.
(v) A single bid is received by the port authority after
complying with the provisions of division (A)(18)(b) of this
section.
(d)(i) If a contract is to be negotiated and awarded without
competitive bidding for the reason set forth in division
(A)(18)(c)(ii) of this section, the port authority shall publish a
notice calling for technical proposals twice, with at least seven
days between publications, in a newspaper of general circulation
in the area of the port authority or as provided in section 7.16
of the Revised Code. After receipt of the technical proposals, the
port authority may negotiate with and award a contract for the
improvement to the proposer making the proposal considered to be
the most advantageous to the port authority.
(ii) If a contract is to be negotiated and awarded without
competitive bidding for the reason set forth in division
(A)(18)(c)(iv) of this section, any construction activities
related to the incorporation of the material into the improvement
also may be provided without competitive bidding by the source or
supplier of that material.
(e)(i) Any purchase, exchange, sale, lease, lease with an
option to purchase, conveyance of other interests in, or other
contract with a person or governmental entity that pertains to the
acquisition, construction, maintenance, repair, furnishing,
equipping, or operation of any real or personal property, or any
combination thereof, related to, useful for, or in furtherance of
an activity contemplated by Section 13 or 16 of Article VIII, Ohio
Constitution, shall be made in such manner and subject to such
terms and conditions as may be determined by the board of
directors in its discretion.
(ii) Division (A)(18)(e)(i) of this section applies to all
contracts that are subject to the division, notwithstanding any
other provision of law that might otherwise apply, including,
without limitation, any requirement of notice, any requirement of
competitive bidding or selection, or any requirement for the
provision of security.
(iii) Divisions (A)(18)(e)(i) and (ii) of this section do not
apply to either of the following: any contract secured by or to be
paid from moneys raised by taxation or the proceeds of obligations
secured by a pledge of moneys raised by taxation; or any contract
secured exclusively by or to be paid exclusively from the general
revenues of the port authority. For the purposes of this section,
any revenues derived by the port authority under a lease or other
agreement that, by its terms, contemplates the use of amounts
payable under the agreement either to pay the costs of the
improvement that is the subject of the contract or to secure
obligations of the port authority issued to finance costs of such
improvement, are excluded from general revenues.
(19) Employ managers, superintendents, and other employees
and retain or contract with consulting engineers, financial
consultants, accounting experts, architects, attorneys, and any
other consultants and independent contractors as are necessary in
its judgment to carry out this chapter, and fix the compensation
thereof. All expenses thereof shall be payable from any available
funds of the port authority or from funds appropriated for that
purpose by a political subdivision creating or participating in
the creation of the port authority.
(20) Receive and accept from any state or federal agency
grants and loans for or in aid of the construction of any port
authority facility or for research and development with respect to
port authority facilities, and receive and accept aid or
contributions from any source of money, property, labor, or other
things of value, to be held, used, and applied only for the
purposes for which the grants and contributions are made;
(21) Engage in research and development with respect to port
authority facilities;
(22) Purchase fire and extended coverage and liability
insurance for any port authority facility and for the principal
office and branch offices of the port authority, insurance
protecting the port authority and its officers and employees
against liability for damage to property or injury to or death of
persons arising from its operations, and any other insurance the
port authority may agree to provide under any resolution
authorizing its port authority revenue bonds or in any trust
agreement securing the same;
(23) Charge, alter, and collect rentals and other charges for
the use or services of any port authority facility as provided in
section 4582.43 of the Revised Code;
(24) Provide coverage for its employees under Chapters 145.,
4123., and 4141. of the Revised Code;
(25) Do all acts necessary or proper to carry out the powers
expressly granted in sections 4582.21 to 4582.59 of the Revised
Code.
(26) Develop and implement plans for special energy
improvement projects and create and govern energy special
improvement districts in accordance with sections 1710.30 to
1710.37 of the Revised Code.
(B) Any instrument by which real property is acquired
pursuant to this section shall identify the agency of the state
that has the use and benefit of the real property as specified in
section 5301.012 of the Revised Code.
(C) Whoever violates division (A)(14) of this section is
guilty of a minor misdemeanor.
Section 2. That existing sections 1710.01, 1710.02,
1710.021, 1710.03, 1710.04, 1710.05, 1710.06, 1710.061, 1710.07,
1710.11, 1710.12, 1710.13, 4582.06, and 4582.31 of the Revised
Code are hereby repealed.
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