Bill Text: OH SB2 | 2009-2010 | 128th General Assembly | Engrossed
Bill Title: To provide for the distribution of moneys received by the state from the federal American Recovery and Reinvestment Act of 2009 by making appropriations and to declare an emergency.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2009-03-11 - Passed 3rd Consideration House [SB2 Detail]
Download: Ohio-2009-SB2-Engrossed.html
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Senator Carey
Cosponsors:
Senators Miller, R., Wilson, Cates, Gibbs, Goodman, Niehaus, Schaffer, Seitz, Turner, Gillmor, Patton, Miller, D., Stewart, Cafaro, Smith, Schiavoni, Fedor, Hughes, Morano
To provide for the distribution of moneys received by | 1 |
the state from the federal American Recovery and | 2 |
Reinvestment Act of 2009 by making appropriations | 3 |
and to declare an emergency. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. For all appropriations made in this act, those in | 5 |
the first column are for fiscal year 2008 and those in the second | 6 |
column are for fiscal year 2009. The appropriations made in this | 7 |
act are in addition to any other appropriations made for fiscal | 8 |
years 2008 and 2009. | 9 |
Section 2. (A) The federal payments made to the state for | 10 |
the Weatherization Assistance Program and the State Energy Grant | 11 |
Program under Title IV of Division A of the American Recovery and | 12 |
Reinvestment Act of 2009 shall be deposited to the credit of the | 13 |
Federal Special Revenue Fund (Fund 3080). | 14 |
(B) The federal payments made to the state for the Home | 15 |
Investment Partnerships Program under Title XII of Division A of | 16 |
the American Recovery and Reinvestment Act of 2009 shall be | 17 |
deposited to the credit of the HOME Program Fund (Fund 3V10). | 18 |
(C) The federal payments made to the state for the Community | 19 |
Development Block Grant program under Title XII of Division A of | 20 |
the American Recovery and Reinvestment Act of 2009 shall be | 21 |
deposited to the credit of the Community Development Block Grant | 22 |
Fund (Fund 3K80). The amounts deposited for the purposes of the | 23 |
Community Development Block Grant program are hereby appropriated, | 24 |
subject to the approval of the Controlling Board. | 25 |
(D) The items in this division are appropriated as designated | 26 |
out of any moneys in the state treasury to the credit of their | 27 |
respective funds that are not otherwise appropriated. | 28 |
Appropriations |
29 | |
Federal Special Revenue Fund Group | 30 |
3080 | 195605 | Federal Projects | $ | 0 | $ | 276,553,000 | 31 | ||||
3080 | 195618 | Energy Federal Grants | $ | 0 | $ | 122,604,000 | 32 | ||||
3V10 | 195601 | HOME Program | $ | 0 | $ | 83,381,000 | 33 | ||||
TOTAL FED Federal Special Revenue Fund Group | $ | 0 | $ | 482,538,000 | 34 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 482,538,000 | 35 |
The foregoing appropriation item 195605, Federal Projects, | 36 |
shall be used to carry out the Home Weatherization Assistance | 37 |
Program, subject to any requirements of the American Recovery and | 38 |
Reinvestment Act of 2009 that apply to the money appropriated. | 39 |
The foregoing appropriation items 195618, Energy Federal | 40 |
Grants and 195601, HOME Program, shall be used in accordance with | 41 |
the requirements of the American Recovery and Reinvestment Act of | 42 |
2009 that apply to the money appropriated. | 43 |
Section 3. (A) The federal payments made to the state for | 44 |
Education Technology under Title VIII of Division A of the | 45 |
American Recovery and Reinvestment Act of 2009 shall be deposited | 46 |
to the credit of the Technology Literacy Transfer Fund (Fund | 47 |
3S20). | 48 |
(B) The item in this section is appropriated as designated | 49 |
out of any moneys in the state treasury to the credit of Fund 3S20 | 50 |
that are not otherwise appropriated. | 51 |
Appropriations |
52 | |
Federal Special Revenue Fund Group | 53 |
3S20 | 200641 | Education Technology | $ | 0 | $ | 23,902,000 | 54 | ||||
TOTAL FED Federal Special Revenue Fund Group | $ | 0 | $ | 23,902,000 | 55 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 23,902,000 | 56 |
(C) The foregoing appropriation item 200641, Education | 57 |
Technology, shall be used to assist school districts in their | 58 |
efforts to implement school technology plans and to assist school | 59 |
districts with the integration of technology into curricula and | 60 |
instruction practices and may be used to provide ongoing | 61 |
professional development to teachers, subject to the requirements | 62 |
of the American Recovery and Reinvestment Act of 2009 that apply | 63 |
to the money appropriated. | 64 |
Section 4. (A) The federal payments made to the state for | 65 |
clean air under Title VII of Division A of the "American Recovery | 66 |
and Reinvestment Act of 2009" shall be deposited to the credit of | 67 |
the Clean Air Fund (Fund 4K20). | 68 |
(B) The item in this section is appropriated as designated | 69 |
out of any moneys in the state treasury to the credit of Fund 4K20 | 70 |
that are not otherwise appropriated. | 71 |
Appropriations |
72 | |
State Special Revenue Fund Group | 73 |
4K20 | 715648 | Clean Air Non-Title V | $ | 0 | $ | 1,700,000 | 74 | ||||
TOTAL SSR State Special Revenue Fund Group | $ | 0 | $ | 1,700,000 | 75 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 1,700,000 | 76 |
The foregoing appropriation item 715648, Clean Air Non-Title | 77 |
V, shall be used in accordance with the requirements of the | 78 |
"American Recovery and Reinvestment Act of 2009" that apply to the | 79 |
money appropriated. | 80 |
Section 5. The federal payments that are made to the state | 81 |
from the Clean Water State Revolving Fund pursuant to Title VIII | 82 |
of the "American Recovery and Reinvestment Act of 2009" shall be | 83 |
credited to the Water Pollution Control Loan Fund created in | 84 |
section 6111.036 of the Revised Code. Notwithstanding the | 85 |
requirements of section 6111.036 of the Revised Code, money | 86 |
credited to the fund under this section shall be used and | 87 |
administered to provide financial assistance in any manner that is | 88 |
consistent with the requirements of the "Federal Water Pollution | 89 |
Control Act" or the "American Recovery and Reinvestment Act of | 90 |
2009." | 91 |
Notwithstanding the requirements of section 6111.036 of the | 92 |
Revised Code, rules adopted under it and Chapter 3745-47 of the | 93 |
Administrative Code, the Director of Environmental Protection, for | 94 |
the purpose of obtaining federal payments pursuant to Title VIII | 95 |
of the "American Recovery and Reinvestment Act of 2009," may | 96 |
impose alternative public comment procedures for the draft | 97 |
intended use plan, including alternative time frames for public | 98 |
notice and comment and the frequency of public meetings. However, | 99 |
nothing in this section eliminates the requirement that public | 100 |
meetings and comment periods be held. | 101 |
Section 6. The federal payments that are made to the state | 102 |
from the Drinking Water State Revolving Fund pursuant to Title | 103 |
VIII of the "American Recovery and Reinvestment Act of 2009" shall | 104 |
be credited to the Drinking Water Assistance Fund created in | 105 |
section 6109.22 of the Revised Code. Notwithstanding the | 106 |
requirements of section 6109.22 of the Revised Code, money | 107 |
credited to the fund under this section shall be used and | 108 |
administered to provide financial assistance in any manner that is | 109 |
consistent with the requirements of the "Safe Drinking Water Act" | 110 |
or the "American Recovery and Reinvestment Act of 2009." | 111 |
Notwithstanding the requirements of section 6109.22 of the | 112 |
Revised Code, rules adopted under it and Chapter 3745-47 of the | 113 |
Administrative Code, the Director of Environmental Protection, for | 114 |
the purpose of obtaining federal payments pursuant to Title VIII | 115 |
of the "American Recovery and Reinvestment Act of 2009," may | 116 |
impose alternative public comment procedures for the draft | 117 |
intended use plan, including alternative time frames for public | 118 |
notice and comment and the frequency of public meetings. However, | 119 |
nothing in this section eliminates the requirement that public | 120 |
meetings and comment periods be held. | 121 |
Section 7. Expenditures from the appropriations made in | 122 |
Sections 2 and 3 of this act shall be accounted for as though | 123 |
made in the relevant main operating appropriations act. The | 124 |
appropriations made in this division are subject to all | 125 |
provisions of the relevant main operating appropriations act that | 126 |
are generally applicable to the appropriations. | 127 |
Section 8. (A) The federal payments made to the state for | 128 |
highway infrastructure under Title XII of Division A of the | 129 |
American Recovery and Reinvestment Act of 2009 shall be deposited | 130 |
to the credit of the Highway Operating Fund (Fund 7002), which is | 131 |
created in section 5735.291 of the Revised Code. | 132 |
(B) The item in this division is appropriated as designated | 133 |
out of any moneys in the state treasury to the credit of Fund 7002 | 134 |
that are not otherwise appropriated. | 135 |
Appropriations |
136 | |
Highway Operating Fund Group | 137 |
7002 | 772422 | Highway Construction – Federal | $ | 0 | $ | 935,677,000 | 138 | ||||
TOTAL HOF Highway Operating Fund Group | $ | 0 | $ | 935,677,000 | 139 | ||||||
TOTAL ALL BUDGET FUND GROUPS | $ | 0 | $ | 935,677,000 | 140 |
Of the foregoing appropriation item 772422, Highway | 141 |
Construction - Federal, not less than $15,000,000 shall be | 142 |
allocated to each district of the Department of Transportation. | 143 |
TRANSFER OF APPROPRIATIONS | 144 |
The Director of Budget and Management may approve written | 145 |
requests from the Director of Transportation for the transfer of | 146 |
appropriations between appropriation items 771412, Planning and | 147 |
Research – Federal, 772422, Highway Construction - Federal, | 148 |
772424, Highway Construction – Other, 775452, Public | 149 |
Transportation - Federal, 776462, Grade Crossing - Federal, and | 150 |
777472, Airport Improvements - Federal, based upon the | 151 |
requirements of the American Recovery and Reinvestment Act of 2009 | 152 |
that apply to the money appropriated. The transfers shall be | 153 |
reported to the Controlling Board at its next regularly scheduled | 154 |
meeting. | 155 |
(C) Expenditures from appropriations made in this section | 156 |
shall be accounted for as though made in Am. Sub. H.B. 67 of the | 157 |
127th General Assembly. However, law contained in the relevant | 158 |
operating appropriations act that is generally applicable to the | 159 |
appropriations made in that act also is generally applicable to | 160 |
the appropriations made in Sections 3 and 4 of this act. | 161 |
Section 9. The federal payments made to the state for the | 162 |
Energy Efficiency and Conservation Block Grant under Title IV of | 163 |
Division A of the American Recovery and Reinvestment Act of 2009 | 164 |
shall be deposited to the credit of the Green Block Grant Fund | 165 |
(Fund 3CZ0) which is created for use by the Air Quality | 166 |
Development Authority, subject to the federal requirements that | 167 |
apply to the money appropriated. The amounts deposited under this | 168 |
section are hereby appropriated. All investment earnings of Fund | 169 |
3CZ0 shall be credited to the fund. | 170 |
The Air Quality Development Authority shall develop a plan | 171 |
for the distribution of the funds received under this section and | 172 |
shall submit that plan to the Controlling Board. | 173 |
Section 10. There is hereby created the Energy Star Rebate | 174 |
Program to provide rebates to residential consumers for the | 175 |
purchase of residential Energy products. The federal payments made | 176 |
to the state for the Energy Star Rebate Program under Title IV of | 177 |
Division A of the American Recovery and Reinvestment Act of 2009 | 178 |
shall be deposited to the credit of the Energy Star Rebate Fund | 179 |
(Fund 3A30), which is created for use by the Air Quality | 180 |
Development Authority to fund the program. The amounts deposited | 181 |
into Fund 3A30 are hereby appropriated. All investment earnings of | 182 |
Fund 3A30 shall be credited to the fund. | 183 |
The Air Quality Development Authority shall develop rules for | 184 |
the administration of the program and a plan for the distribution | 185 |
of funds received under this section. The plan shall be submitted | 186 |
to the Controlling Board. | 187 |
Section 11. The federal payments made to the state for the | 188 |
Leaking Underground Storage Tank Trust Fund Program under Title | 189 |
VII of Division A of the American Recovery and Reinvestment Act of | 190 |
2009 shall be deposited to the credit of the Federal Special | 191 |
Revenue Fund (Fund 3480) used by the Department of Commerce. The | 192 |
amounts deposited under this section are hereby appropriated for | 193 |
use to carry out the program, subject to any requirements of the | 194 |
American Recovery and Reinvestment Act of 2009 that apply to the | 195 |
money appropriated. | 196 |
Section 12. As soon as possible after a state agency approves | 197 |
a project that uses funds provided under the American Recovery and | 198 |
Reinvestment Act of 2009 and appropriated by this act, the | 199 |
applicable state agency shall cause to be posted on the state's | 200 |
web site providing information about the federal stimulus | 201 |
initiative, located at www.recovery.ohio.gov or its successor web | 202 |
site, information about the approved project, including but not | 203 |
limited to a project name and description, the county where the | 204 |
project will be located, the program or sub-program that provided | 205 |
the funding, the project sponsor, the estimated time for the | 206 |
project to begin, the estimated time for the project to be | 207 |
completed, the amount of stimulus moneys funding the project, and | 208 |
the project's total cost. | 209 |
Section 13. In the award of any contract using money | 210 |
appropriated pursuant to this act, the parties to the contract | 211 |
shall comply with all applicable federal and state laws, including | 212 |
the requirements of the Minority Business Enterprise Program, the | 213 |
Encouraging Diversity, Growth, and Equity Program, and the Buy | 214 |
Ohio Program. | 215 |
Section 14. Any unexpended, unencumbered amounts remaining in | 216 |
all appropriation items made in this act at the end of fiscal year | 217 |
2009 are reappropriated for the same purpose in fiscal year 2010. | 218 |
The reappropriations shall be reported to the Controlling Board. | 219 |
Section 15. Within the limits set forth in this act, the | 220 |
Director of Budget and Management shall establish accounts | 221 |
indicating the source and amount of funds for each appropriation | 222 |
made in this act, and shall determine the form and manner in which | 223 |
appropriation accounts shall be maintained. | 224 |
Section 16. This act is hereby declared to be an emergency | 225 |
measure necessary for the immediate preservation of the public | 226 |
peace, health, and safety. The reason for such necessity is to | 227 |
allocate the moneys provided by the American Recovery and | 228 |
Reinvestment Act of 2009 expeditiously pursuant to applicable | 229 |
federal requirements and thereby to increase employment and job | 230 |
security in Ohio. Therefore, this act shall go into immediate | 231 |
effect. | 232 |