Bill Text: OH HB371 | 2011-2012 | 129th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: And to amend Sections 261.10 and 261.20.93 of Am. Sub. H.B. 153 of the 129th General Assembly regarding the Local Government Innovation Program and to make an appropriation.
Spectrum: Moderate Partisan Bill (Republican 38-10)
Status: (Passed) 2012-03-22 - Effective Date [HB371 Detail]
Download: Ohio-2011-HB371-Engrossed.html
As Passed by the House
A BILL
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Bill Title: And to amend Sections 261.10 and 261.20.93 of Am. Sub. H.B. 153 of the 129th General Assembly regarding the Local Government Innovation Program and to make an appropriation.
Spectrum: Moderate Partisan Bill (Republican 38-10)
Status: (Passed) 2012-03-22 - Effective Date [HB371 Detail]
Download: Ohio-2011-HB371-Engrossed.html
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Representatives Amstutz, Weddington
Cosponsors:
Representatives Blair, McClain, Duffey, Anielski, Baker, Barnes, Beck, Blessing, Combs, Conditt, Derickson, Dovilla, Gonzales, Goyal, Grossman, Hackett, Hagan, C., Hottinger, Kozlowski, Mallory, McGregor, Murray, Newbold, Peterson, Schuring, Sprague, Uecker, Winburn, Young Speaker Batchelder
To amend sections 189.01, 189.03, 189.04, 189.05, | 1 |
189.06, 189.07, and 189.08 of the Revised Code and | 2 |
to amend Sections 261.10 and 261.20.93 of Am. Sub. | 3 |
H.B. 153 of the 129th General Assembly regarding | 4 |
the Local Government Innovation Program and to | 5 |
make an appropriation. | 6 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 189.01, 189.03, 189.04, 189.05, | 7 |
189.06, 189.07, and 189.08 of the Revised Code be amended to read | 8 |
as follows: | 9 |
Sec. 189.01. As used in sections 189.01 to 189.09 of the | 10 |
Revised Code, "political subdivision" | 11 |
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Code. | 49 |
Sec. 189.03. (A) There is hereby created the local | 50 |
government innovation council to establish criteria for and make | 51 |
loans and awards to political subdivisions for local government | 52 |
innovation projects and take such other actions, in consultation | 53 |
with the department of development, as necessary to implement the | 54 |
local government innovation program established in section 189.02 | 55 |
of the Revised Code. | 56 |
(B) The council shall consist of the following members: | 57 |
(1) The director of development, or the director's designee; | 58 |
(2) The director of budget and management, or the director's | 59 |
designee; | 60 |
(3) The auditor of state, or the auditor's designee; | 61 |
(4) Two members of the senate, one member appointed by the | 62 |
president of the senate and one member appointed by the minority | 63 |
leader of the senate; | 64 |
(5) Two members of the house of representatives, one member | 65 |
appointed by the speaker of the house of representatives and one | 66 |
member appointed by the minority leader of the house of | 67 |
representatives; | 68 |
(6) One member recommended by the Ohio municipal league, | 69 |
appointed by the governor; | 70 |
(7) One member recommended by the county commissioners | 71 |
association of Ohio, appointed by the governor; | 72 |
(8) One member recommended by the Ohio township association, | 73 |
appointed by the governor; | 74 |
(9) One member recommended by the Ohio chamber of commerce, | 75 |
appointed by the governor; | 76 |
(10) One member recommended by the Ohio school boards | 77 |
association, appointed by the governor; | 78 |
(11) One member, appointed by the governor, who is | 79 |
recommended by an Ohio-based advocacy group selected by the | 80 |
governor; | 81 |
(12) One member, appointed by the governor, who is | 82 |
recommended by an Ohio-based foundation selected by the governor; | 83 |
(13) One member | 84 |
appointed by the governor, who is recommended by the chancellor of | 85 |
the board of regents. | 86 |
(C) Initial appointments to the council shall be made not | 87 |
later than September 30, 2011. Of the governor's initial | 88 |
appointees, three shall serve an initial term of one year, | 89 |
three shall serve an initial term of two years, and two shall | 90 |
serve an initial term of three years. Thereafter, each member | 91 |
appointed by the governor shall serve a four-year term, or a term | 92 |
ending when the council ceases to exist, whichever occurs first. | 93 |
The remaining members of the council shall be appointed for | 94 |
four-year terms, or terms ending when the council ceases to exist, | 95 |
whichever occurs first. Members may be reappointed to the council. | 96 |
Vacancies on the council shall be filled in the same manner | 97 |
as the original appointments. | 98 |
(D) At its first meeting, the council shall select a | 99 |
chairperson from among its members. After the first meeting, the | 100 |
council shall meet at the call of the chairperson or upon the | 101 |
request of a majority of the council's members. A majority of the | 102 |
council constitutes a quorum. | 103 |
(E) The department of development shall provide | 104 |
administrative assistance to the council. | 105 |
(F) Council members shall receive no compensation but shall | 106 |
be reimbursed for actual and necessary expenses incurred in the | 107 |
performance of council duties. | 108 |
Sec. 189.04. (A) The local government innovation council | 109 |
shall award loans to a qualified political subdivision or a | 110 |
qualified group of political subdivisions to be used for the | 111 |
purchase of equipment, facilities, or systems or for | 112 |
implementation costs. | 113 |
Loans made under division (A) of this section shall be repaid | 114 |
by recipients using savings achieved from the innovation project. | 115 |
(B) Up to twenty per cent of the funds in the local | 116 |
government innovation fund, established in section 189.05 of the | 117 |
Revised Code, may be awarded by the council as grants to political | 118 |
subdivisions for use in process improvement or implementation of | 119 |
innovation project awards. | 120 |
(C) The council shall award | 121 |
more than one hundred thousand dollars in total grants and not | 122 |
more than one hundred thousand dollars in total loans to an | 123 |
individual political subdivision | 124 |
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innovation project involving a qualified group of political | 126 |
subdivisions, the council shall award, in total grants and loans, | 127 |
not more than five hundred thousand dollars, and the average | 128 |
amount per political subdivision shall not exceed one hundred | 129 |
thousand dollars. | 130 |
Sec. 189.05. Funds for awards made by the local government | 131 |
innovation council shall be made from the local government | 132 |
innovation fund, which is hereby created in the state treasury. | 133 |
The fund shall consist of moneys appropriated to it, repayments of | 134 |
principal and interest on loans made from the fund, and any grants | 135 |
or donations received from nonpublic entities. Interest earned on | 136 |
the money in the fund shall be credited to the fund. | 137 |
Sec. 189.06. (A) All political subdivisions of the state are | 138 |
eligible to apply for awards under the local government innovation | 139 |
program. | 140 |
development on a form specified by the director of development. | 141 |
The department shall provide the application to the local | 142 |
government innovation council for evaluation and selection. | 143 |
The local government innovation council shall award loans and | 144 |
grants under the program in accordance with a competitive process | 145 |
to be developed by the council. | 146 |
(B) Not later than December 31, 2011, the council shall | 147 |
establish criteria for evaluating proposals and making awards to | 148 |
political subdivisions. The criteria shall be developed in | 149 |
consultation with nonpublic entities involved in local government | 150 |
issues, state institutions of higher education, and the department | 151 |
of development, as determined by the council. The criteria shall | 152 |
include a requirement that at least one of the political | 153 |
subdivisions that is a party to the proposal provide matching | 154 |
funds. The matching funds may be provided by a nonpublic entity. | 155 |
The criteria for evaluating proposals may include the following | 156 |
provisions: | 157 |
(1) The expected return on investment, based on the ratio of | 158 |
expected savings; | 159 |
(2) The number of participating entities in the proposal; | 160 |
(3) The probability of the proposal's success; | 161 |
(4) The percentage of local matching funds available; | 162 |
(5) The ability to replicate the proposal in other political | 163 |
subdivisions; | 164 |
(6) Whether the proposal is part of a larger consolidation | 165 |
effort by the applicant or applicants; | 166 |
(7) Whether the proposal is to implement performance audit | 167 |
or other audit recommendations under | 168 |
of the Revised Code; | 169 |
(8) Whether the applicant has successfully completed an | 170 |
innovation project in the past. | 171 |
Sec. 189.07. | 172 |
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shall develop and implement a means of ensuring local support for | 179 |
each grant or loan application submitted to the department of | 180 |
development under section 189.06 of the Revised Code. | 181 |
Sec. 189.08. (A) Starting not later than March 1, 2012, the | 182 |
local government innovation council shall begin evaluating | 183 |
proposals received from the department of development for awards | 184 |
to political subdivisions. Not later than July 1, 2012, the | 185 |
council shall make its first round of awards to the political | 186 |
subdivisions. | 187 |
(B) After making the first round of awards, the council shall | 188 |
evaluate proposals and make awards on a quarterly basis, or on | 189 |
another schedule determined by the council, with the council | 190 |
determining the funding levels for each round of awards. | 191 |
(C) When making awards from the local government innovation | 192 |
fund created in section 189.05 of the Revised Code, the funds | 193 |
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be | 195 |
(1) At least thirty per cent to political subdivisions that | 196 |
are not counties and have a population of less than | 197 |
residents as determined in the decennial census conducted in 2010 | 198 |
or counties with a population of less than | 199 |
residents as determined in the decennial census conducted in 2010; | 200 |
(2) At least thirty per cent to political subdivisions that | 201 |
are not counties and have a population of | 202 |
or more as determined in the decennial census conducted in 2010 or | 203 |
counties with a population of | 204 |
determined in the decennial census conducted in 2010. | 205 |
If a proposal includes participants from both | 206 |
divisions (C)(1) and (2) of this section, the award may be drawn | 207 |
from either or both tiers in the local government innovation fund. | 208 |
Section 2. That existing sections 189.01, 189.03, 189.04, | 209 |
189.05, 189.06, 189.07, and 189.08 of the Revised Code are hereby | 210 |
repealed. | 211 |
Section 3. The member appointed to the Local Government | 212 |
Innovation Council under division (B)(13) of section 189.03 of the | 213 |
Revised Code, as that section existed prior to the act's effective | 214 |
date, shall be replaced on the Council by the member appointed by | 215 |
the Governor in accordance with the act's amendments to that | 216 |
section. | 217 |
Section 4. That Sections 261.10 and 261.20.93 of Am. Sub. | 218 |
H.B. 153 of the 129th General Assembly be amended to read as | 219 |
follows: | 220 |
Sec. 261.10. DEV DEPARTMENT OF DEVELOPMENT | 221 |
General Revenue Fund | 222 |
GRF | 195401 | Thomas Edison Program | $ | 14,820,354 | $ | 0 | 223 | ||||
GRF | 195402 | Coal Development Office | $ | 260,983 | $ | 261,205 | 224 | ||||
GRF | 195404 | Small Business Development | $ | 1,565,770 | $ | 0 | 225 | ||||
GRF | 195405 | Minority Business Enterprise Division | $ | 1,118,528 | $ | 0 | 226 | ||||
GRF | 195407 | Travel and Tourism | $ | 5,000,000 | $ | 0 | 227 | ||||
GRF | 195412 | Rapid Outreach Grants | $ | 9,000,000 | $ | 0 | 228 | ||||
GRF | 195415 | Strategic Business Investment Division and Regional Offices | $ | 4,500,000 | $ | 0 | 229 | ||||
GRF | 195416 | Governor's Office of Appalachia | $ | 3,700,000 | $ | 3,700,000 | 230 | ||||
GRF | 195422 | Technology Action | $ | 547,341 | $ | 0 | 231 | ||||
GRF | 195426 | Clean Ohio Implementation | $ | 468,365 | $ | 0 | 232 | ||||
GRF | 195432 | Global Markets | $ | 3,500,000 | $ | 0 | 233 | ||||
GRF | 195434 | Industrial Training Grants | $ | 10,000,000 | $ | 0 | 234 | ||||
GRF | 195497 | CDBG Operating Match | $ | 1,015,000 | $ | 0 | 235 | ||||
GRF | 195501 | Appalachian Local Development Districts | $ | 391,482 | $ | 391,482 | 236 | ||||
GRF | 195502 | Appalachian Regional Commission Dues | $ | 195,000 | $ | 195,000 | 237 | ||||
GRF | 195528 | Economic Development Projects | $ | 0 | $ | 26,943,518 | 238 | ||||
GRF | 195901 | Coal Research & Development General Obligation Debt Service | $ | 7,861,100 | $ | 5,577,700 | 239 | ||||
GRF | 195905 | Third Frontier Research & Development General Obligation Debt Service | $ | 29,323,300 | $ | 63,640,300 | 240 | ||||
GRF | 195912 | Job Ready Site Development General Obligation Debt Service | $ | 9,859,200 | $ | 15,680,500 | 241 | ||||
TOTAL GRF General Revenue Fund | $ | 103,126,423 | $ | 116,389,705 | 242 |
General Services Fund Group | 243 |
1350 | 195684 | Supportive Services | $ | 11,700,000 | $ | 11,700,000 | 244 | ||||
4W10 | 195646 | Minority Business Enterprise Loan | $ | 2,500,000 | $ | 2,500,000 | 245 | ||||
5AD0 | 195633 | Legacy Projects | $ | 15,000,000 | $ | 15,000,000 | 246 | ||||
5AD0 | 195677 | Economic Development Contingency | $ | 10,000,000 | $ | 0 | 247 | ||||
5W50 | 195690 | Travel and Tourism Cooperative Projects | $ | 50,000 | $ | 50,000 | 248 | ||||
6850 | 195636 | Direct Cost Recovery Expenditures | $ | 750,000 | $ | 750,000 | 249 | ||||
TOTAL GSF General Services Fund | 250 | ||||||||||
Group | $ | 40,000,000 | $ | 30,000,000 | 251 |
Federal Special Revenue Fund Group | 252 |
3080 | 195602 | Appalachian Regional Commission | $ | 475,000 | $ | 475,000 | 253 | ||||
3080 | 195603 | Housing and Urban Development | $ | 6,000,000 | $ | 6,000,000 | 254 | ||||
3080 | 195605 | Federal Projects | $ | 85,028,606 | $ | 85,470,106 | 255 | ||||
3080 | 195609 | Small Business Administration | $ | 6,438,143 | $ | 5,511,381 | 256 | ||||
3080 | 195618 | Energy Federal Grants | $ | 38,000,000 | $ | 3,400,000 | 257 | ||||
3350 | 195610 | Energy Conservation and Emerging Technology | $ | 1,100,000 | $ | 1,100,000 | 258 | ||||
3AE0 | 195643 | Workforce Development Initiatives | $ | 16,300,000 | $ | 16,300,000 | 259 | ||||
3DB0 | 195642 | Federal Stimulus - Energy Efficiency & Conservation Block Grants | $ | 3,000,000 | $ | 42,485 | 260 | ||||
3EG0 | 195608 | Federal Energy Training | $ | 5,000,000 | $ | 1,344,056 | 261 | ||||
3K80 | 195613 | Community Development Block Grant | $ | 76,795,818 | $ | 65,210,000 | 262 | ||||
3K90 | 195611 | Home Energy Assistance Block Grant | $ | 115,743,608 | $ | 115,743,608 | 263 | ||||
3K90 | 195614 | HEAP Weatherization | $ | 22,000,000 | $ | 22,000,000 | 264 | ||||
3L00 | 195612 | Community Services Block Grant | $ | 27,240,217 | $ | 27,240,217 | 265 | ||||
3V10 | 195601 | HOME Program | $ | 40,000,000 | $ | 40,000,000 | 266 | ||||
TOTAL FED Federal Special Revenue | 267 | ||||||||||
Fund Group | $ | 443,121,392 | $ | 389,836,853 | 268 |
State Special Revenue Fund Group | 269 |
4500 | 195624 | Minority Business Bonding Program Administration | $ | 160,110 | $ | 159,069 | 270 | ||||
4510 | 195625 | Economic Development Financing Operating | $ | 3,000,000 | $ | 3,000,000 | 271 | ||||
4F20 | 195639 | State Special Projects | $ | 180,437 | $ | 180,436 | 272 | ||||
4F20 | 195676 | Marketing Initiatives | $ | 5,000,000 | $ | 0 | 273 | ||||
4F20 | 195699 | Utility Provided Funds | $ | 500,000 | $ | 500,000 | 274 | ||||
4S00 | 195630 | Tax Incentive Programs | $ | 650,800 | $ | 650,800 | 275 | ||||
5CG0 | 195679 | $ | 750,000 | $ | 750,000 | 276 | |||||
5HJ0 | 195604 | Motion Picture Tax Credit Program | $ | 50,000 | $ | 50,000 | 277 | ||||
5HR0 | 195526 | Ohio Workforce Job Training | $ | 20,000,000 | $ | 30,000,000 | 278 | ||||
5HR0 | 195622 | Defense Development Assistance | $ | 5,000,000 | $ | 5,000,000 | 279 | ||||
5JR0 | 195656 | New Market Tax Credit Program | $ | 50,000 | $ | 50,000 | 280 | ||||
5KD0 | 195621 | Brownfield Stormwater Loan | $ | 50,000 | $ | 50,000 | 281 | ||||
5KN0 | 195640 | Local Government Innovation | $ | $ | 282 | ||||||
5M40 | 195659 | Low Income Energy Assistance | $ | 245,000,000 | $ | 245,000,000 | 283 | ||||
5M50 | 195660 | Advanced Energy Programs | $ | 8,000,000 | $ | 0 | 284 | ||||
5W60 | 195691 | International Trade Cooperative Projects | $ | 160,000 | $ | 160,000 | 285 | ||||
6170 | 195654 | Volume Cap Administration | $ | 94,397 | $ | 92,768 | 286 | ||||
6460 | 195638 | Low- and Moderate- Income Housing Trust Fund | $ | 53,000,000 | $ | 53,000,000 | 287 | ||||
TOTAL SSR State Special Revenue | 288 | ||||||||||
Fund Group | $ | $ | 289 |
Facilities Establishment Fund Group | 290 |
5S90 | 195628 | Capital Access Loan Program | $ | 1,500,000 | $ | 1,500,000 | 291 | ||||
7009 | 195664 | Innovation Ohio | $ | 15,000,000 | $ | 15,000,000 | 292 | ||||
7010 | 195665 | Research and Development | $ | 22,000,000 | $ | 22,000,000 | 293 | ||||
7037 | 195615 | Facilities Establishment | $ | 50,000,000 | $ | 50,000,000 | 294 | ||||
TOTAL 037 Facilities | 295 | ||||||||||
Establishment Fund Group | $ | 88,500,000 | $ | 88,500,000 | 296 |
Clean Ohio Revitalization Fund | 297 |
7003 | 195663 | Clean Ohio Operating | $ | 950,000 | $ | 950,000 | 298 | ||||
TOTAL 7003 Clean Ohio Revitalization Fund | $ | 950,000 | $ | 950,000 | 299 |
Third Frontier Research & Development Fund Group | 300 |
7011 | 195686 | Third Frontier Operating | $ | 1,149,750 | $ | 1,149,750 | 301 | ||||
7011 | 195687 | Third Frontier Research & Development Projects | $ | 183,850,250 | $ | 133,850,250 | 302 | ||||
7014 | 195620 | Third Frontier Operating - Tax | $ | 1,700,000 | $ | 1,700,000 | 303 | ||||
7014 | 195692 | Research & Development Taxable Bond Projects | $ | 38,300,000 | $ | 38,300,000 | 304 | ||||
TOTAL 011 Third Frontier Research & Development Fund Group | $ | 225,000,000 | $ | 175,000,000 | 305 |
Job Ready Site Development Fund Group | 306 |
7012 | 195688 | Job Ready Site Operating | $ | 800,000 | $ | 800,000 | 307 | ||||
TOTAL 012 Job Ready Site Development Fund Group | $ | 800,000 | $ | 800,000 | 308 |
Tobacco Master Settlement Agreement Fund Group | 309 |
M087 | 195435 | Biomedical Research and Technology Transfer | $ | 1,999,224 | $ | 1,999,224 | 310 | ||||
TOTAL TSF Tobacco Master Settlement Agreement Fund Group | $ | 1,999,224 | $ | 1,999,224 | 311 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | $ | 312 |
Sec. 261.20.93. LOCAL GOVERNMENT INNOVATION FUND | 314 |
The foregoing appropriation item 195640, Local Government | 315 |
Innovation, shall be used for the purposes of making loans and | 316 |
grants to political subdivisions under the Local Government | 317 |
Innovation Program in accordance with sections 189.01 to 189.10 of | 318 |
the Revised Code. Of the foregoing appropriation item 195640, | 319 |
Local Government Innovation, up to $ | 320 |
2012 and $175,000 in fiscal year 2013 shall be used for | 321 |
administrative costs incurred by the Department of Development. | 322 |
On the effective date of this amendment, or as soon as | 323 |
possible thereafter, the Director of Budget and Management shall | 324 |
transfer $175,000 in cash from the General Revenue Fund to the | 325 |
Local Government Innovation Fund (Fund 5KN0). On July 1, 2012, or | 326 |
as soon as possible thereafter, the Director of Budget and | 327 |
Management shall transfer $44,825,000 in cash from the General | 328 |
Revenue Fund to the Local Government Innovation Fund (Fund 5KN0). | 329 |
Section 5. That existing Sections 261.10 and 261.20.93 of | 330 |
Am. Sub. H.B. 153 of the 129th General Assembly are hereby | 331 |
repealed. | 332 |