(1) To prepare, or contract to be prepared, by licensed | 20 |
engineers or architects, surveys, general and detailed plans, | 21 |
specifications, bills of materials, and estimates of cost for any | 22 |
projects, improvements, or public buildings to be constructed by | 23 |
state agencies that may be authorized by legislative | 24 |
appropriations or any other funds made available therefor, | 25 |
provided that the construction of the projects, improvements, or | 26 |
public buildings is a statutory duty of the department. This | 27 |
section does not require the independent employment of an | 28 |
architect or engineer as provided by section 153.01 of the Revised | 29 |
Code in the cases to which that section applies nor affect or | 30 |
alter the existing powers of the director of transportation. | 31 |
(3) To make contracts for and supervise the construction of | 37 |
any projects and improvements or the construction and repair of | 38 |
buildings under the control of a state agency, except contracts | 39 |
for the repair of buildings under the management and control of | 40 |
the departments of public safety, job and family services, mental | 41 |
health, developmental disabilities, rehabilitation and correction, | 42 |
and youth services, the bureau of workers' compensation, the | 43 |
rehabilitation services commission, and boards of trustees of | 44 |
educational and benevolent institutions and except contracts for | 45 |
the construction of projects that do not require the issuance of a | 46 |
building permit or the issuance of a certificate of occupancy and | 47 |
that are necessary to remediate conditions at a hazardous waste | 48 |
facility, solid waste facility, or other location at which the | 49 |
director of environmental protection has reason to believe there | 50 |
is a substantial threat to public health or safety or the | 51 |
environment. These contracts shall be made and entered into by the | 52 |
directors of public safety, job and family services, mental | 53 |
health, developmental disabilities, rehabilitation and correction, | 54 |
and youth services, the administrator of workers' compensation, | 55 |
the rehabilitation services commission, the boards of trustees of | 56 |
such institutions, and the director of environmental protection, | 57 |
respectively. All such contracts may be in whole or in part on | 58 |
unit price basis of maximum estimated cost, with payment computed | 59 |
and made upon actual quantities or units. | 60 |
(9) To lease or grant easements or licenses for unproductive | 78 |
and unused lands or other property under the control of a state | 79 |
agency. Such leases, easements, or licenses shall be granted for a | 80 |
period not to exceed fifteen years and shall be executed for the | 81 |
state by the director of administrative services and the governor | 82 |
and shall be approved as to form by the attorney general, provided | 83 |
that leases, easements, or licenses may be granted to any county, | 84 |
township, municipal corporation, port authority, water or sewer | 85 |
district, school district, library district, health district, park | 86 |
district, soil and water conservation district, conservancy | 87 |
district, or other political subdivision or taxing district, or | 88 |
any agency of the United States government, for the exclusive use | 89 |
of that agency, political subdivision, or taxing district, without | 90 |
any right of sublease or assignment, for a period not to exceed | 91 |
fifteen years, and provided that the director shall grant leases, | 92 |
easements, or licenses of university land for periods not to | 93 |
exceed twenty-five years for purposes approved by the respective | 94 |
university's board of trustees wherein the uses are compatible | 95 |
with the uses and needs of the university and may grant leases of | 96 |
university land for periods not to exceed forty years for purposes | 97 |
approved by the respective university's board of trustees pursuant | 98 |
to section 123.77 of the Revised Code. | 99 |
(14) To lease for a period not to exceed forty years, | 109 |
pursuant to a contract providing for the construction thereof | 110 |
under a lease-purchase plan, buildings, structures, and other | 111 |
improvements for any public purpose, and, in conjunction | 112 |
therewith, to grant leases, easements, or licenses for lands under | 113 |
the control of a state agency for a period not to exceed forty | 114 |
years. The lease-purchase plan shall provide that at the end of | 115 |
the lease period, the buildings, structures, and related | 116 |
improvements, together with the land on which they are situated, | 117 |
shall become the property of the state without cost. | 118 |
(a) Whenever any building, structure, or other improvement is | 119 |
to be so leased by a state agency, the department shall retain | 120 |
either basic plans, specifications, bills of materials, and | 121 |
estimates of cost with sufficient detail to afford bidders all | 122 |
needed information or, alternatively, all of the following plans, | 123 |
details, bills of materials, and specifications: | 124 |
(b) The department shall give public notice, in such | 137 |
newspaper, in such form, and with such phraseology as the director | 138 |
of administrative services prescribes, published once each week | 139 |
for four consecutive weeks, of the time when and place where bids | 140 |
will be received for entering into an agreement to lease to a | 141 |
state agency a building, structure, or other improvement. The last | 142 |
publication shall be at least eight days preceding the day for | 143 |
opening the bids. The bids shall contain the terms upon which the | 144 |
builder would propose to lease the building, structure, or other | 145 |
improvement to the state agency. The form of the bid approved by | 146 |
the department shall be used, and a bid is invalid and shall not | 147 |
be considered unless that form is used without change, alteration, | 148 |
or addition. Before submitting bids pursuant to this section, any | 149 |
builder shall comply with Chapter 153. of the Revised Code. | 150 |
(c) On the day and at the place named for receiving bids for | 151 |
entering into lease agreements with a state agency, the director | 152 |
of administrative services shall open the bids and shall publicly | 153 |
proceed immediately to tabulate the bids upon duplicate sheets. No | 154 |
lease agreement shall be entered into until the bureau of workers' | 155 |
compensation has certified that the person to be awarded the lease | 156 |
agreement has complied with Chapter 4123. of the Revised Code, | 157 |
until, if the builder submitting the lowest and best bid is a | 158 |
foreign corporation, the secretary of state has certified that the | 159 |
corporation is authorized to do business in this state, until, if | 160 |
the builder submitting the lowest and best bid is a person | 161 |
nonresident of this state, the person has filed with the secretary | 162 |
of state a power of attorney designating the secretary of state as | 163 |
its agent for the purpose of accepting service of summons in any | 164 |
action brought under Chapter 4123. of the Revised Code, and until | 165 |
the agreement is submitted to the attorney general and the | 166 |
attorney general's approval is certified thereon. Within thirty | 167 |
days after the day on which the bids are received, the department | 168 |
shall investigate the bids received and shall determine that the | 169 |
bureau and the secretary of state have made the certifications | 170 |
required by this section of the builder who has submitted the | 171 |
lowest and best bid. Within ten days of the completion of the | 172 |
investigation of the bids, the department shall award the lease | 173 |
agreement to the builder who has submitted the lowest and best bid | 174 |
and who has been certified by the bureau and secretary of state as | 175 |
required by this section. If bidding for the lease agreement has | 176 |
been conducted upon the basis of basic plans, specifications, | 177 |
bills of materials, and estimates of costs, upon the award to the | 178 |
builder the department, or the builder with the approval of the | 179 |
department, shall appoint an architect or engineer licensed in | 180 |
this state to prepare such further detailed plans, specifications, | 181 |
and bills of materials as are required to construct the building, | 182 |
structure, or improvement. The department shall adopt such rules | 183 |
as are necessary to give effect to this section. The department | 184 |
may reject any bid. Where there is reason to believe there is | 185 |
collusion or combination among bidders, the bids of those | 186 |
concerned therein shall be rejected. | 187 |
Such a lease shall be for the purpose of development of the | 201 |
land for use by senior citizens by constructing, altering, | 202 |
renovating, repairing, expanding, and improving the site as it | 203 |
existed on June 25, 1982. A developer desiring to lease the land | 204 |
shall prepare for submission to the department a plan for | 205 |
development. Plans shall include provisions for roads, sewers, | 206 |
water lines, waste disposal, water supply, and similar matters to | 207 |
meet the requirements of state and local laws. The plans shall | 208 |
also include provision for protection of the property by insurance | 209 |
or otherwise, and plans for financing the development, and shall | 210 |
set forth details of the developer's financial responsibility. | 211 |
The lease shall contain a provision that construction or | 224 |
renovation of the buildings, roads, structures, and other | 225 |
necessary facilities shall begin within one year after the date of | 226 |
the lease and shall proceed according to a schedule agreed to | 227 |
between the department and the developer or the lease will be | 228 |
terminated. The lease shall contain such conditions and | 229 |
stipulations as the director considers necessary to preserve the | 230 |
best interest of the state. Moneys received by the state pursuant | 231 |
to this lease shall be paid into the general revenue fund. The | 232 |
lease shall provide that at the end of the lease period the | 233 |
buildings, structures, and related improvements shall become the | 234 |
property of the state without cost. | 235 |
(17) To lease to any person any tract of land owned by the | 236 |
state and under the control of the department, or any part of such | 237 |
a tract, for the purpose of drilling for or the pooling of oil or | 238 |
gas. Such a lease shall be granted for a period not exceeding | 239 |
forty years, with the full power to contract for, determine the | 240 |
conditions governing, and specify the amount the state shall | 241 |
receive for the purposes specified in the lease, and shall be | 242 |
prepared as in other cases. | 243 |
(2) The power of the director of transportation in acquiring | 273 |
rights-of-way for the state highway system, or the leasing of | 274 |
lands for division or resident district offices, or the leasing of | 275 |
lands or buildings required in the maintenance operations of the | 276 |
department of transportation, or the purchase of real property for | 277 |
garage sites or division or resident district offices, or in | 278 |
preparing plans and specifications for and constructing such | 279 |
buildings as the director may require in the administration of the | 280 |
department; | 281 |
(3) The power of the director of public safety and the | 282 |
registrar of motor vehicles to purchase or lease real property and | 283 |
buildings to be used solely as locations to which a deputy | 284 |
registrar is assigned pursuant to division (B) of section 4507.011 | 285 |
of the Revised Code and from which the deputy registrar is to | 286 |
conduct the deputy registrar's business, the power of the director | 287 |
of public safety to purchase or lease real property and buildings | 288 |
to be used as locations for division or district offices as | 289 |
required in the maintenance of operations of the department of | 290 |
public safety, and the power of the superintendent of the state | 291 |
highway patrol in the purchase or leasing of real property and | 292 |
buildings needed by the patrol, to negotiate the sale of real | 293 |
property owned by the patrol, to rent or lease real property owned | 294 |
or leased by the patrol, and to make or cause to be made repairs | 295 |
to all property owned or under the control of the patrol; | 296 |
(C) Purchases for, and the custody and repair of, buildings | 308 |
under the management and control of the capitol square review and | 309 |
advisory board, the rehabilitation services commission, the bureau | 310 |
of workers' compensation, or the departments of public safety, job | 311 |
and family services, mental health, developmental disabilities, | 312 |
and rehabilitation and correction, and buildings of educational | 313 |
and benevolent institutions under the management and control of | 314 |
boards of trustees, are not subject to the control and | 315 |
jurisdiction of the department of administrative services. | 316 |
(B) Money in the state land royalty fund shall be used by | 326 |
state agencies to acquire land and to pay capital costs of state | 327 |
agencies, including equipment and renovations and repairs of | 328 |
facilities, that have contributed to the fund under section | 329 |
1509.73 of the Revised Code. Such a state agency is entitled to | 330 |
receive from the fund the amount that the state agency contributed | 331 |
and a share of the investment earnings of the fund in an amount | 332 |
that is equivalent to the proportionate share of contributions | 333 |
made by the state agency to the fund. | 334 |
(C) Initial appointments shall be made to the commission not | 406 |
later than thirty days after the effective date of this section. | 407 |
Of the initial members appointed to the commission, one shall | 408 |
serve a term of two years, one shall serve a term of three years, | 409 |
one shall serve a term of four years, and one shall serve a term | 410 |
of five years. Thereafter, terms of office of members shall be for | 411 |
five years from the date of appointment. Each member appointed by | 412 |
the governor shall hold office from the date of appointment until | 413 |
the end of the term for which the member was appointed. The | 414 |
governor shall fill a vacancy occurring on the commission by | 415 |
appointing a member within sixty days after the vacancy occurs. A | 416 |
member appointed to fill a vacancy occurring prior to the | 417 |
expiration of the term for which the member's predecessor was | 418 |
appointed shall hold office for the remainder of that term. A | 419 |
member shall continue in office subsequent to the expiration date | 420 |
of the member's term until the member's successor takes office, or | 421 |
until a period of sixty days has elapsed, whichever occurs first. | 422 |
Sec. 1509.73. (A)(1) Beginning on the effective date of this | 454 |
section and ending on the effective date of the rules adopted | 455 |
under section 1509.74 of the Revised Code, a state agency, in | 456 |
consultation with the oil and gas leasing commission, may lease a | 457 |
formation within a parcel of land that is owned or controlled by | 458 |
the state agency for the exploration for and development and | 459 |
production of oil or natural gas. The state agency shall establish | 460 |
bid fees, signing fees, rentals, and at least a one-eighth | 461 |
landowner royalty. On and after the effective date of the rules | 462 |
adopted under section 1509.74 of the Revised Code, a formation | 463 |
within a parcel of land that is owned or controlled by a state | 464 |
agency may be leased for the exploration for and development and | 465 |
production of oil or natural gas only in accordance with divisions | 466 |
(A)(2) to (H) of this section and those rules. | 467 |
(2) Not earlier than two hundred seventy days after the | 468 |
effective date of this section, a person that is an owner and that | 469 |
is interested in leasing a formation within a parcel of land that | 470 |
is owned or controlled by a state agency for the exploration for | 471 |
and the development and production of oil or natural gas may | 472 |
submit to the oil and gas leasing commission a nomination that | 473 |
identifies the parcel of land. A person submitting a nomination | 474 |
shall submit it in the manner and form established in rules | 475 |
adopted under section 1509.74 of the Revised Code and shall | 476 |
include with the nomination both of the following: | 477 |
(B)(1) In the calendar quarter following the receipt of a | 480 |
nomination of a parcel of land, the commission shall conduct a | 481 |
meeting for the purpose of determining whether to enter into a | 482 |
lease for a formation within the parcel of land that is identified | 483 |
in the nomination. The commission also shall review the nomination | 484 |
of the parcel of land and determine if the parcel of land has been | 485 |
classified under section 1509.72 of the Revised Code. If the | 486 |
parcel of land that is the subject of the nomination has not been | 487 |
classified, the commission immediately shall send a copy of the | 488 |
nomination to the state agency that owns or controls the parcel | 489 |
that is the subject of the nomination. Not later than fifteen days | 490 |
after receipt of a copy of the nomination, the state agency shall | 491 |
classify the parcel of land as a class 1, class 2, class 3, or | 492 |
class 4 property and submit the classification to the commission. | 493 |
On receipt of the state agency's classification of the parcel of | 494 |
land, the commission shall provide the department of natural | 495 |
resources the information necessary for the department to comply | 496 |
with division (C) of section 1509.72 of the Revised Code. | 497 |
(5) If the commission approves a nomination, the commission | 541 |
shall notify the state agency that owns or controls the parcel of | 542 |
land that is the subject of a nomination of the commission's | 543 |
approval of the nomination. The notification shall request the | 544 |
state agency to submit to the commission special terms and | 545 |
conditions that will apply to the lease of a formation within the | 546 |
parcel of land because of specific conditions related to the | 547 |
parcel of land. The state agency shall submit the special terms | 548 |
and conditions not later than sixty days after receipt of a notice | 549 |
from the commission. | 550 |
(6) If the commission approves a nomination for a parcel of | 551 |
land that is a class 1 property, the commission shall offer for | 552 |
lease each formation that is within the parcel of land. If the | 553 |
commission approves a nomination for a parcel of land that is a | 554 |
class 2 or class 4 property, the commission shall not offer for | 555 |
lease any formation that is within the parcel of land unless the | 556 |
state agency that owns or controls the parcel of land notifies the | 557 |
commission that a formation or formations that are within the | 558 |
parcel of land may be offered for lease. | 559 |
(C) Each calendar quarter, the commission shall proceed to | 560 |
advertise for bids for a lease for a formation within a parcel of | 561 |
land that was the subject of a nomination approved during the | 562 |
previous calendar quarter that is a class 1 property or that is a | 563 |
class 2 or class 4 property for which the commission has received | 564 |
notice from the state agency that owns or controls the parcel of | 565 |
land under division (B)(6) of this section that a formation or | 566 |
formations that are within the parcel of land may be offered for | 567 |
lease. The advertisement shall be provided to the department of | 568 |
natural resources, and the department shall publish the | 569 |
advertisement on its web site for a period of time established by | 570 |
the commission. The advertisement shall include all of the | 571 |
following: | 572 |
(B) Procedures for the submission of nominations to the | 645 |
commission and the amount of nomination fees to be charged. The | 646 |
rules shall require that if a person who has paid a nomination fee | 647 |
does not enter into a lease regarding the parcel of land that the | 648 |
person nominated, the fee shall be refunded to the person, and, if | 649 |
applicable, the person that enters into the lease shall pay the | 650 |
nomination fee. In addition, the rules shall provide that a state | 651 |
agency is exempt from nomination fees and that a person who enters | 652 |
into a lease regarding a parcel of land nominated by a state | 653 |
agency shall pay the nomination fee. | 654 |
Sec. 1509.75. There is hereby created in the state treasury | 671 |
the oil and gas leasing commission administration fund consisting | 672 |
of the proceeds of nomination fees and bid fees credited to it | 673 |
under section 1509.73 of the Revised Code. Money in the fund shall | 674 |
be used by the oil and gas leasing commission and the department | 675 |
of natural resources to pay the administrative expenses of the | 676 |
commission and the department regarding the implementation of | 677 |
sections 1509.70 to 1509.77 of the Revised Code. Money in the fund | 678 |
also shall be used to pay the actual and necessary expenses | 679 |
incurred by members of the commission in the course of the | 680 |
performance of their duties. | 681 |
Sec. 1531.06. (A) The chief of the division of wildlife, | 694 |
with the approval of the director of natural resources, may | 695 |
acquire by gift, lease, purchase, or otherwise lands or surface | 696 |
rights upon lands and waters or surface rights upon waters for | 697 |
wild animals, fish or game management, preservation, propagation, | 698 |
and protection, outdoor and nature activities, public fishing and | 699 |
hunting grounds, and flora and fauna preservation. The chief, with | 700 |
the approval of the director, may receive by grant, devise, | 701 |
bequest, donation, or assignment evidences of indebtedness, the | 702 |
proceeds of which are to be used for the purchase of such lands or | 703 |
surface rights upon lands and waters or surface rights upon | 704 |
waters. | 705 |
(B)(1) The chief shall adopt rules for the protection of | 706 |
state-owned or leased lands and waters and property under the | 707 |
control of the division of wildlife against wrongful use or | 708 |
occupancy that will ensure the carrying out of the intent of this | 709 |
section, protect those lands, waters, and property from | 710 |
depredations, and preserve them from molestation, spoilation, | 711 |
destruction, or any improper use or occupancy thereof, including | 712 |
rules with respect to recreational activities and for the | 713 |
government and use of such lands, waters, and property. | 714 |
(2) The chief may adopt rules benefiting wild animals, fish | 715 |
or game management, preservation, propagation, and protection, | 716 |
outdoor and nature activities, public fishing and hunting grounds, | 717 |
and flora and fauna preservation, and regulating the taking and | 718 |
possession of wild animals on any lands or waters owned or leased | 719 |
or under the division's supervision and control and, for a | 720 |
specified period of years, may prohibit or recall the taking and | 721 |
possession of any wild animal on any portion of such lands or | 722 |
waters. The division clearly shall define and mark the boundaries | 723 |
of the lands and waters owned or leased or under its supervision | 724 |
and control upon which the taking of any wild animal is | 725 |
prohibited. | 726 |
(E) The chief, with the approval of the director, may | 738 |
establish user fees for the use of special public facilities or | 739 |
participation in special activities on lands and waters | 740 |
administered by the division. The special facilities and | 741 |
activities may include hunting or fishing on special designated | 742 |
public lands and waters intensively managed or stocked with | 743 |
artificially propagated game birds or fish, field trial | 744 |
facilities, wildlife nature centers, firearm ranges, boat mooring | 745 |
facilities, camping sites, and other similar special facilities | 746 |
and activities. The chief shall determine whether the user fees | 747 |
are refundable and shall ensure that that information is provided | 748 |
at the time the user fees are paid. | 749 |
(F) The chief, with the approval of the director, may enter | 750 |
into lease agreements for rental of concessions or other special | 751 |
projects situated on state-owned or leased lands or waters or | 752 |
other property under the division's control. The chief shall set | 753 |
and collect the fees for concession rentals or other special | 754 |
projects; regulate through contracts between the division and | 755 |
concessionaires the sale of tangible objects at concessions or | 756 |
other special projects; and keep a record of all such fee payments | 757 |
showing the amount received, from whom received, and for what | 758 |
purpose the fee was collected. | 759 |
(G) The chief may sell or donate conservation-related items | 760 |
or items that promote wildlife conservation, including, but not | 761 |
limited to, stamps, pins, badges, books, bulletins, maps, | 762 |
publications, calendars, and any other educational article or | 763 |
artifact pertaining to wild animals; sell confiscated or forfeited | 764 |
items; and sell surplus structures and equipment, and timber or | 765 |
crops from lands owned, administered, leased, or controlled by the | 766 |
division. The chief, with the approval of the director, also may | 767 |
engage in campaigns and special events that promote wildlife | 768 |
conservation by selling or donating wildlife-related materials, | 769 |
memberships, and other items of promotional value. | 770 |
(H) The chief may sell, lease, or transfer minerals or | 771 |
mineral rights, with the approval of the director, when the chief | 772 |
and the director determine it to be in the best interest of the | 773 |
state. Upon approval of the director, the chief may make, execute, | 774 |
and deliver contracts, including leases, to mine, drill, or | 775 |
excavate iron ore, stone, coal, petroleum, gas, salt, and other | 776 |
minerals, other than oil or gas, upon and under lands owned by the | 777 |
state and administered by the division to any person who complies | 778 |
with the terms of such a contract. No such contract shall be valid | 779 |
for more than fifty years from its effective date. Consideration | 780 |
for minerals and mineral rights shall be by rental or royalty | 781 |
basis as prescribed by the chief and payable as prescribed by | 782 |
contract. Moneys collected under this division shall be paid into | 783 |
the state treasury to the credit of the wildlife habitat fund | 784 |
created in section 1531.33 of the Revised Code. Contracts entered | 785 |
into under this division also may provide for consideration for | 786 |
minerals or mineral rights in the form of acquisition of lands as | 787 |
provided under divisions (A) and (C) of this section. | 788 |
(M) Information contained in the wildlife diversity database | 811 |
that is established pursuant to division (B)(2) of this section | 812 |
and section 1531.25 of the Revised Code may be made available to | 813 |
any individual or public or private agency for research, | 814 |
educational, environmental, land management, or other similar | 815 |
purposes that are not detrimental to the conservation of a species | 816 |
or feature. Information regarding sensitive site locations of | 817 |
species that are listed pursuant to section 1531.25 of the Revised | 818 |
Code and of features that are included in the wildlife diversity | 819 |
database is not subject to section 149.43 of the Revised Code if | 820 |
the chief determines that the release of the information could be | 821 |
detrimental to the conservation of a species or feature. | 822 |
Sec. 1531.33. The wildlife habitat fund is hereby created in | 823 |
the state treasury. The fund shall consist of the investment | 824 |
earnings of the wildlife habitat trust fund created in section | 825 |
1531.32 of the Revised Code; gifts, donations, bequests, and other | 826 |
moneys contributed to the division of wildlife for the purposes of | 827 |
the fund; moneys collected under division (H) of section 1531.06 | 828 |
of the Revised Code; moneys deposited in the fund under division | 829 |
(G)(2)(b) of section 1509.73 of the Revised Code; and moneys | 830 |
received by the division pursuant to negotiated mitigation | 831 |
settlements from persons who have adversely affected fish and | 832 |
wildlife, or their habitats, over which the division has | 833 |
jurisdiction under this chapter or Chapter 1533. of the Revised | 834 |
Code other than fish and wildlife of the Ohio river or their | 835 |
habitats. | 836 |
(B) A board, by majority vote, may make expenditures and may | 863 |
enter into contracts with any person or public entity for the | 864 |
purposes of investigating, exploring, prospecting, or drilling for | 865 |
petroleum and gas and the constituent components and mineral | 866 |
by-products thereof upon lands under the supervision of such | 867 |
board, and for the purposes of extracting, producing, selling, | 868 |
using, or transporting such petroleum, gas, components, and | 869 |
byproducts. | 870 |