130th Ohio General Assembly
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H. B. No. 676  As Introduced
As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 676


Representative Conditt 



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.
(2) The facility is:
(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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