Let certain entities apply Prevailing Wage to public projects

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 513

2025-2026

Representatives Lear, Craig

To
amend sections 164.07, 307.022, 307.671, 307.673, 307.674, 307.696,
308.21, 351.06, 353.03, 1506.44, 1710.02, 4115.03, 4115.034, 4115.04,
4115.06, 5540.03, 6117.012, and 6121.061 of the Revised Code
to
allow political subdivisions, special districts, and state
institutions of higher education to elect to apply the Prevailing
Wage Law to public improvement projects and to increase the threshold
amount that triggers application of the Law for certain state public
improvements.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 164.07, 307.022, 307.671, 307.673, 307.674, 307.696, 308.21,
351.06, 353.03, 1506.44, 1710.02, 4115.03, 4115.034, 4115.04,
4115.06, 5540.03, 6117.012, and 6121.061 of the Revised Code be
amended to read as follows:

Sec.
164.07.
(A)

In
awarding contracts for capital improvement projects to be financed in
whole or in part under this chapter, a local subdivision shall comply
with the percentage requirements of section 125.081 of the Revised
Code.

(B)
A capital improvement that is financed in whole or in part under this
chapter is a public improvement, and a subdivision undertaking a
capital improvement is a public authority, for purposes of section
4115.03 of the Revised Code. All contractors and subcontractors
working on a capital improvement financed in whole or in part under
this chapter shall comply with sections 4115.03 to 4115.16 of the
Revised Code.

Sec.
307.022.
(A)
The board of county commissioners of any county may do both of the
following without following the competitive bidding requirements of
section 307.86 of the Revised Code:

(1)
Enter into a lease, including a lease with an option to purchase, of
correctional facilities for a term not in excess of forty years.
Before entering into the lease, the board shall publish a notice that
the board is accepting proposals for a lease pursuant to this
division once a week for three consecutive weeks using at least one
of the following methods:

(a)
In the print or digital edition of a newspaper of general circulation
in the county;

(b)
On the official public notice web site established under section
125.182 of the Revised Code;

(c)
On the web site and social media account of the county.

The
notice shall state the date before which the proposals are required
to be submitted in order to be considered by the board.

(2)
Subject to compliance with this section, grant leases, easements, and
licenses with respect to, or sell, real property owned by the county
if the real property is to be leased back by the county for use as
correctional facilities.

The
lease under division (A)(1) of this section shall require the county
to contract, in accordance with Chapter 153.
,

and

sections 307.86 to 307.92
,
and Chapter 4115.

of the Revised Code, for the construction, improvement, furnishing,
and equipping of correctional facilities to be leased pursuant to
this section. Prior to the board's execution of the lease, it may
require the lessor under the lease to cause sufficient money to be
made available to the county to enable the county to comply with the
certification requirements of division (D) of section 5705.41 of the
Revised Code.

A
lease entered into pursuant to division (A)(1) of this section by a
board may provide for the county to maintain and repair the
correctional facility during the term of the leasehold, may provide
for the county to make rental payments prior to or after occupation
of the correctional facilities by the county, and may provide for the
board to obtain and maintain any insurance that the lessor may
require, including, but not limited to, public liability, casualty,
builder's risk, and business interruption insurance. The obligations
incurred under a lease entered into pursuant to division (A)(1) of
this section shall not be considered to be within the debt
limitations of section 133.07 of the Revised Code.

(B)
The correctional facilities leased under division (A)(1) of this
section may include any or all of the following:

(1)
Facilities in which one or more other governmental entities are
participating or in which other facilities of the county are
included;

(2)
Facilities acquired, constructed, or renovated by or on behalf of the
department of rehabilitation and correction or the department of
administrative services, or financed by the treasurer of state, and
leased to the county pursuant to section 307.021 of the Revised Code;

(3)
Correctional facilities that are under construction or have been
completed and for which no permanent financing has been arranged.

(C)
As used in this section:

(1)
"Correctional facilities" includes, but is not limited to,
jails, detention facilities, workhouses, community-based correctional
facilities, and family court centers.

(2)
"Construction" has the same meaning as in division (B) of
section 4115.03 of the Revised Code.

Sec.
307.671.
(A)
As used in this section:

(1)
"Bonds" means, as the context requires: general obligation
bonds of the county, or notes in anticipation thereof, described in
division (B)(1)(b) of this section; revenue bonds of the port
authority described in division (B)(2)(a) of this section; and urban
renewal bonds, or notes in anticipation thereof, of the host
municipal corporation described in division (B)(3)(a) of this
section.

(2)
"Corporation" means a nonprofit corporation that is
organized under the laws of this state and that includes within the
purposes for which it is incorporated the authorization to lease and
operate facilities such as a port authority educational and cultural
facility.

(3)
"Debt service charges" means, for any period or payable at
any time, the principal of and interest and any premium due on bonds
for that period or payable at that time whether due at maturity or
upon mandatory redemption, together with any required deposits to
reserves for the payment of principal of and interest on such bonds,
and includes any payments required by the port authority to satisfy
any of its obligations arising from any guaranty agreements,
reimbursement agreements, or other credit enhancement agreements
described in division (C) of this section.

(4)
"Host municipal corporation" means the municipal
corporation within the boundaries of which the port authority
educational and cultural facility is located.

(5)
"Port authority" means a port authority created pursuant to
the authority of section 4582.02 of the Revised Code by a county and
a host municipal corporation.

(6)
"Port authority educational and cultural facility" means a
facility located within an urban renewal area that may consist of a
museum, archives, library, hall of fame, center for contemporary
music, or other facilities necessary to provide programs of an
educational and cultural nature, together with all parking
facilities, walkways, and other auxiliary facilities, real and
personal property, property rights, easements, and interests that may
be appropriate for, or used in connection with, the operation of the
facility.

(7)
"Urban renewal area" means an area of a host municipal
corporation that the legislative authority of the host municipal
corporation has, at any time, designated as appropriate for an urban
renewal project pursuant to Chapter 725. of the Revised Code.

(B)
The board of county commissioners of a county, a port authority, and
a host municipal corporation may enter into a cooperative agreement
with a corporation, under which:

(1)
The board of county commissioners agrees to do all of the following:

(a)
Levy a tax under division (N) of section 5739.09 of the Revised Code
exclusively for the purposes described in divisions (B)(1)(c) and (d)
of this section;

(b)
Issue general obligation bonds of the county, or notes in
anticipation thereof, pursuant to Chapter 133. of the Revised Code,
for the purpose of acquiring, constructing, and equipping the port
authority educational and cultural facility and contribute the
proceeds from the issuance to the port authority for such purpose.
The cooperative agreement may provide that such proceeds be deposited
with and administered by the trustee pursuant to the trust agreement
provided for in division (C) of this section.

(c)
Following the issuance, sale, and delivery of the port authority
revenue bonds provided for in division (B)(2)(a) of this section, and
prior to the date certain stated in the cooperative agreement which
shall be the date estimated for the completion of construction of the
port authority educational and cultural facility, pledge and
contribute to the port authority revenue from the tax levied pursuant
to division (B)(1)(a) of this section, together with any investment
earnings on that revenue, to pay a portion of the costs of acquiring,
constructing, and equipping the port authority educational and
cultural facility;

(d)
Following such date certain, pledge and contribute to the corporation
all or such portion as provided for in the cooperative agreement of
the revenue from the tax, together with any investment earnings on
that revenue, to pay a portion of the costs of the corporation of
leasing the port authority educational and cultural facility from the
port authority.

(2)
The port authority agrees to do all of the following:

(a)
Issue revenue bonds of the port authority pursuant to Chapter 4582.
of the Revised Code for the purpose of acquiring, constructing, and
equipping the port authority educational and cultural facility;

(b)
Construct the port authority educational and cultural facility;

(c)
Lease the port authority educational and cultural facility to the
corporation;

(d)
To the extent provided for in the cooperative agreement or the lease
to the corporation, authorize the corporation to administer on behalf
of the port authority the contracts for acquiring, constructing, or
equipping a port authority educational and cultural facility;

(e)
Use the revenue derived from the lease of the port authority
educational and cultural facility to the corporation solely to pay
debt service charges on the revenue bonds of the port authority
described in division (B)(2)(a) of this section.

(3)
The host municipal corporation agrees to do both of the following:

(a)
Issue urban renewal bonds of the host municipal corporation, or notes
in anticipation thereof, pursuant to Chapter 725. of the Revised Code
for the purpose of acquiring and constructing the port authority
educational and cultural facility and contribute the proceeds from
the issuance to the port authority for such purpose. The cooperative
agreement may provide that such proceeds be deposited with and
administered by the trustee pursuant to the trust agreement provided
for in division (C) of this section.

(b)
To the extent provided for in the cooperative agreement, contribute
to the county, for use by the county to pay debt service charges on
the bonds of the county, or notes in anticipation thereof, described
in division (B)(1)(b) of this section, any excess urban renewal
service payments pledged by the host municipal corporation to the
urban renewal bonds described in division (B)(3)(a) of this section
and not required on an annual basis to pay debt service charges on
the urban renewal bonds.

(4)
The corporation agrees to do all of the following:

(a)
Lease the port authority educational and cultural facility from the
port authority;

(b)
Operate and maintain the port authority educational and cultural
facility pursuant to the lease;

(c)
To the extent provided for in the cooperative agreement or the lease
from the port authority, administer on behalf of the port authority
the contracts for acquiring, constructing, or equipping a port
authority educational and cultural facility.

(C)
The pledges and contributions described in divisions (B)(1)(c) and
(d) of this section and provided for in the cooperative agreement
shall be for the period stated in the cooperative agreement, but
shall not be in excess of the period necessary to provide for the
final retirement of the port authority revenue bonds provided for in
division (B)(2)(a) of this section and any bonds issued by the port
authority to refund such bonds, and for the satisfaction by the port
authority of any of its obligations arising from any guaranty
agreements, reimbursement agreements, or other credit enhancement
agreements relating to such bonds or to the revenues pledged to such
bonds. The cooperative agreement shall provide for the termination of
the cooperative agreement including the pledges and contributions
described in divisions (B)(1)(c) and (d) of this section if the port
authority revenue bonds provided for in division (B)(2)(a) of this
section have not been issued, sold, and delivered within two years of
the effective date of the cooperative agreement.

The
cooperative agreement shall provide that any revenue bonds of the
port authority shall be secured by a trust agreement between the port
authority and a corporate trustee that is a trust company or bank
having the powers of a trust company within or outside the state. The
county may be a party to such trust agreement for the purpose of
securing the pledge by the county of its contribution to the
corporation pursuant to division (B)(1)(d) of this section. A tax
levied pursuant to division (B)(1)(a) of this section is not subject
to diminution by initiative or referendum or diminution by statute,
unless provision is made therein for an adequate substitute therefor
reasonably satisfactory to the trustee under the trust agreement that
secures the revenue bonds of the port authority.

(D)
A pledge of money by a county under this section shall not be net
indebtedness of the county for purposes of section 133.07 of the
Revised Code.

(E)
If the terms of the cooperative agreement so provide, any contract
for the acquisition, construction, or equipping of a port authority
educational and cultural facility shall be made in such manner as is
determined by the board of directors of the port authority, and
unless the cooperative agreement provides otherwise, such a contract
is not subject to division (A) of section 4582.12 of the Revised
Code. The port authority may take the assignment of and assume any
contracts for the acquisition, construction, and equipping of a port
authority educational and cultural facility that previously have been
authorized by either or both the host municipal corporation or the
corporation. Such contracts likewise are not subject to division (A)
of section 4582.12 of the Revised Code.

Any
contract for the acquisition, construction, or equipping of a port
authority educational and cultural facility entered into, assigned,
or assumed pursuant to this division shall provide that all laborers
and mechanics employed for the acquisition, construction, or
equipping of the port authority educational and cultural facility
shall be paid at the prevailing rates of wages of laborers and
mechanics for the class of work called for by the port authority
educational and cultural facility, which wages shall be determined in
accordance with the requirements of Chapter 4115. of the Revised Code
for the determination of prevailing wage rates.

Sec.
307.673.
This
section applies only in a county in which a tax is levied under
section 307.697, 4301.421, 5743.024, or 5743.323 of the Revised Code
on July 19, 1995.

(A)
As used in this section:

(1)
"County taxes" means taxes levied by a board of county
commissioners under divisions (D) and (E) of section 307.697,
divisions (B) and (C) of section 4301.421, divisions (C) and (D) of
section 5743.024, and sections 5743.323, 5743.511, 5743.521,
5743.621, and 5743.631 of the Revised Code.

(2)
"Corporation" means a nonprofit corporation organized under
the laws of this state and that includes among the purposes for which
it is incorporated the authority to acquire, construct, renovate,
repair, equip, lease, manage, or operate a sports facility.

(3)
"Cooperative agreement" means an agreement entered into
pursuant to this section.

(4)
"Cost of a sports facility" means the cost of acquiring,
constructing, renovating, repairing, equipping, or improving one or
more sports facilities, including reconstructing, rehabilitating,
remodeling, and enlarging; the cost of equipping and furnishing such
a facility; and all financing costs pertaining thereto, including the
cost of engineering, architectural, and other professional services,
designs, plans, specifications and surveys, and estimates of costs;
the costs of refinancing obligations issued by, or reimbursement of
money advanced by, the parties to the cooperative agreement or other
persons, the proceeds of which obligations were used to pay the costs
of the sports facility; the cost of tests and inspections; the cost
of any indemnity or surety bonds and premiums on insurance, all
related direct and administrative costs pertaining thereto, fees and
expenses of trustees, depositories, and paying agents for the
obligations, capitalized interest on the obligations, amounts
necessary to establish reserves as required by the obligation
proceedings, the reimbursement of money advanced or applied by the
parties to the cooperative agreement or other persons for the payment
of any item of costs of the sports facility, and all other expenses
necessary or incident to planning or determining the feasibility or
practicability with respect to the sports facility; and any other
such expenses as may be necessary or incident to the acquisition,
construction, reconstruction, rehabilitation, remodeling, renovation,
repair, enlargement, improvement, equipping, and furnishing of the
sports facility, the financing of the sports facility, placing the
sports facility in use and operation, including any one, part of, or
combination of such classes of costs and expenses.

(5)
"Financing costs" has the same meaning as in section 133.01
of the Revised Code.

(6)
"Obligations" means obligations issued or incurred to pay
the cost of a sports facility, including bonds, notes, certificates
of indebtedness, commercial paper, and other instruments in writing,
anticipatory securities as defined in section 133.01 of the Revised
Code, issued or incurred by an issuer pursuant to Chapter 133. or
4582. of the Revised Code or this section, or otherwise, to evidence
the issuer's obligation to repay borrowed money, or to pay interest,
by, or to pay at any future time other money obligations of, the
issuer of the obligations, including obligations of an issuer or
lessee to make payments under an installment sale, lease,
lease-purchase, or similar agreement.

(7)
"Owner" means any person that owns or operates a
professional athletic or sports team, that is party to a cooperative
agreement, or that has a lease or other agreement with a party to a
cooperative agreement, and that commits to use the sports facility
that is the subject of the cooperative agreement for all of the
team's home games for the period specified in that agreement.

(8)
"Payments," when used with reference to obligations, means
payments of the principal, including any mandatory sinking fund
deposits and mandatory redemption payments, interest and any
redemption premium, and lease rentals, lease-purchase payments and
other amounts payable under obligations in the form of installment
sale, lease, lease-purchase, or similar agreements.

(9)
"Person" has the same meaning as defined in section 133.01
of the Revised Code.

(10)
"Port authority" means a port authority created under
Chapter 4582. of the Revised Code.

(11)
"Sports facility" means a facility, including a stadium,
that is intended to house or provide a site for one or more major
league professional athletic or sports teams or activities, together
with all spectator facilities, parking facilities, walkways, and
auxiliary facilities, real and personal property, property rights,
easements, leasehold estates, and interests that may be appropriate
for, or used in connection with, the operation of the sports
facility.

(B)
The board of county commissioners of a county, the legislative
authority of a municipal corporation, a port authority, a
corporation, and an owner, or any combination thereof, may enter into
one or more cooperative agreements under which the parties enter into
one or more of the agreements described in divisions (B)(1) to (5) of
this section.

(1)
The board of county commissioners agrees to do one or more of the
following:

(a)
Levy a tax under division (D) or (E) of section 307.697, division (B)
or (C) of section 4301.421, division (C) or (D) of section 5743.024,
or section 5743.323, 5743.511, 5743.521, 5743.621, and 5743.631 of
the Revised Code and make available all or a portion of the revenue
from those taxes for the payment of the cost of the sports facility
or to make payments on obligations;

(b)
Issue or incur obligations of the county pursuant to Chapter 133. of
the Revised Code or this section;

(c)
Make available all or a portion of the revenue from those taxes or of
the proceeds from the issuance of those obligations to the municipal
corporation, port authority, corporation, or otherwise for the
payment of the cost of a sports facility or the payment of
obligations;

(d)
Acquire, construct, renovate, repair, equip, lease to or from another
person, and operate, directly or by a lease or management contract
with another person, one or more sports facilities;

(e)
To the extent provided in the cooperative agreement or a lease with
respect to a sports facility, authorize the municipal corporation,
port authority, corporation, or owner to administer contracts for
designing, planning, acquiring, constructing, renovating, repairing,
or equipping a sports facility.

(2)
The port authority agrees to do one or more of the following:

(a)
Issue or incur obligations of the port authority pursuant to Chapter
133. or 4582. of the Revised Code or this section;

(b)
Make available all or a portion of the proceeds from the issuance of
those obligations to the municipal corporation, county, or
corporation for the payment of the cost of a sports facility or the
payment of obligations;

(c)
Acquire, construct, renovate, repair, equip, lease to or from another
person, and operate, directly or by a lease or management contract
with another person, one or more sports facilities;

(d)
To the extent provided in the cooperative agreement or a lease with
respect to a sports facility, authorize the municipal corporation,
county, corporation, or owner to administer contracts for designing,
planning, acquiring, constructing, renovating, repairing, or
equipping a sports facility.

(3)
The legislative authority of the municipal corporation agrees to do
one or more of the following:

(a)
Make available the revenue from taxes levied by the legislative
authority for the payment of the cost of a sports facility or to make
payments on obligations;

(b)
Issue or incur obligations of the municipal corporation pursuant to
Chapter 133. of the Revised Code or otherwise;

(c)
Make available all or a portion of the proceeds from the issuance of
those obligations to the county, port authority, corporation, or
otherwise for the payment of the cost of a sports facility or the
payment of obligations;

(d)
Acquire, construct, renovate, repair, equip, lease to or from another
person, and operate, directly or by a lease or management contract
with another person, one or more sports facilities;

(e)
To the extent provided in the cooperative agreement or a lease with
respect to a sports facility, authorize the county, port authority,
corporation, or owner to administer contracts for designing,
planning, acquiring, constructing, renovating, repairing, or
equipping a sports facility.

(4)
The corporation agrees to do one or more of the following:

(a)
Issue or incur obligations;

(b)
Make available all or a portion of the proceeds from the issuance of
those obligations to the county, port authority, municipal
corporation, or otherwise for the payment of the cost of a sports
facility or the payment of obligations;

(c)
Acquire, construct, renovate, repair, equip, lease to or from another
person, and operate, directly or by a lease or management contract
with another person, one or more sports facilities;

(d)
To the extent provided in the cooperative agreement or a lease with
respect to a sports facility, agree that the corporation will
administer contracts for designing, planning, acquiring,
constructing, renovating, repairing, or equipping a sports facility.

(5)
The owner agrees to do one or more of the following:

(a)
Use the sports facility that is the subject of the cooperative
agreement for all of the home games of the owner's professional
athletic or sports team for a specified period;

(b)
Administer contracts for designing, planning, acquiring,
constructing, renovating, repairing, or equipping a sports facility.

(C)
Any obligations may be secured by a trust agreement between the
issuer of obligations and a corporate trustee that is a trust company
or bank having the powers of a trust company in or outside this state
and authorized to exercise corporate trust powers in this state.
Proceeds from the issuance of any obligations or the taxes levied and
collected by any party to the cooperative agreement may be deposited
with and administered by a trustee pursuant to the trust agreement.

(D)
Any contract for the acquisition, construction, renovation, repair,
or equipping of a sports facility entered into, assigned, or assumed
under this section shall provide that all laborers and mechanics
employed in the acquisition, construction, renovation, repair, or
equipping of the sports facility shall be paid at the prevailing
rates of wages of laborers and mechanics for the class of work called
for, as those wages are determined in accordance with Chapter 4115.
of the Revised Code.

Sec.
307.674.
(A)
As used in this section:

(1)
"Bonds" means:

(a)
Revenue bonds of the port authority described in division (B)(2)(a)
of this section;

(b)
Securities as defined in division (KK) of section 133.01 of the
Revised Code issued by the host municipal corporation, described in
division (B)(3)(a) of this section;

(c)
Any bonds issued to refund any of those revenue bonds or securities.

(2)
"Corporation" means a nonprofit corporation that is
organized under the laws of this state and that includes within the
purposes for which it is incorporated the authorization to lease and
operate facilities such as a port authority educational and cultural
performing arts facility.

(3)
"Cost," as applied to a port authority educational and
cultural performing arts facility, means the cost of acquiring,
constructing, renovating, rehabilitating, equipping, or improving the
facility, or any combination of those purposes, collectively referred
to in this section as "construction," and the cost of
acquisition of all land, rights of way, property rights, easements,
franchise rights, and interests required for those purposes, the cost
of demolishing or removing any buildings or structures on land so
acquired, including the cost of acquiring any land to which those
buildings or structures may be moved, the cost of public utility and
common carrier relocation or duplication, the cost of all machinery,
furnishings, and equipment, financing charges, interest prior to and
during construction and for not more than three years after
completion of construction, costs arising under guaranty agreements,
reimbursement agreements, or other credit enhancement agreements
relating to bonds, engineering, expenses of research and development
with respect to such facility, legal expenses, plans, specifications,
surveys, studies, estimates of costs and revenues, other expenses
necessary or incident to determining the feasibility or
practicability of acquiring or constructing the facility,
administrative expense, and other expenses as may be necessary or
incident to that acquisition or construction and the financing of
such acquisition or construction, including, with respect to the
revenue bonds of a port authority, amounts to be paid into any
special funds from the proceeds of those bonds, and repayments to the
port authority, host county, host municipal corporation, or
corporation of any amounts advanced for the foregoing purposes.

(4)
"Debt service charges" means, for any period or payable at
any time, the principal of and interest and any premium due on bonds
for that period or payable at that time whether due at maturity or
upon mandatory redemption, together with any required deposits to
reserves for the payment of principal of and interest on those bonds,
and includes any payments required by the port authority to satisfy
any of its obligations under or arising from any guaranty agreements,
reimbursement agreements, or other credit enhancement agreements
described in division (C) of this section.

(5)
"Host county" means the county within the boundaries of
which the port authority educational and cultural performing arts
facility is or will be located.

(6)
"Host municipal corporation" means the municipal
corporation within the boundaries of which the port authority
educational and cultural performing arts facility is or will be
located.

(7)
"Port authority" means a port authority created pursuant to
section 4582.22 of the Revised Code.

(8)
"Port authority educational and cultural performing arts
facility" means a facility that consists of a center for music
or other performing arts, a theater or other facilities to provide
programs of an educational, recreational, or cultural nature, or any
combination of those purposes as determined by the parties to the
cooperative agreement for which provision is made in division (B) of
this section to fulfill the public educational, recreational, and
cultural purposes set forth therein, together with all parking
facilities, walkways, and other auxiliary facilities, real and
personal property, property rights, easements, and interests that may
be appropriate for, or used in connection with, the operation of the
facility.

(B)
A host county, a host municipal corporation, and a port authority may
enter into a cooperative agreement with a corporation under which, as
further provided for in that agreement:

(1)
The host county may agree to do any or all of the following:

(a)
Levy and collect a tax under divisions (O) and (P) of section 5739.09
of the Revised Code for the purposes, and in an amount sufficient for
those purposes, described in divisions (B)(1)(b) and (c) of this
section;

(b)
Pay to the port authority all or such portion as provided for in the
cooperative agreement of the revenue from the tax, together with any
investment earnings on that revenue, to be used to pay a portion of
the costs of acquiring, constructing, renovating, rehabilitating,
equipping, or improving the port authority educational and cultural
performing arts facility;

(c)
Pledge and pay to the corporation all or such portion as provided for
in the cooperative agreement of the revenue from the tax, together
with any investment earnings on that revenue, to be used to pay a
portion of the costs to the corporation of leasing the port authority
educational and cultural performing arts facility from the port
authority.

(2)
The port authority may agree to do any or all of the following:

(a)
Issue its revenue bonds pursuant to section 4582.48 of the Revised
Code for the purpose of paying all or a portion of the costs of the
port authority educational and cultural performing arts facility;

(b)
Acquire, construct, renovate, rehabilitate, equip, and improve the
port authority educational and cultural performing arts facility;

(c)
Lease the port authority educational and cultural performing arts
facility to the corporation;

(d)
To the extent provided for in the cooperative agreement or the lease
to the corporation, authorize the corporation to administer on behalf
of the port authority the contracts for acquiring, constructing,
renovating, rehabilitating, or equipping the port authority
educational and cultural performing arts facility;

(e)
Use the revenue derived from the lease of the port authority
educational and cultural performing arts facility to the corporation
solely to pay debt service charges on revenue bonds of the port
authority issued pursuant to division (B)(2)(a) of this section and
to pay its obligations under or arising from any guaranty agreements,
reimbursement agreements, or other credit enhancement agreements
provided for in this section.

(3)
The host municipal corporation may agree to do either or both of the
following:

(a)
Issue its bonds for the purpose of paying all or a portion of the
costs of the port authority educational and cultural performing arts
facility, and pay the proceeds from the issuance to the port
authority for that purpose;

(b)
Enter into a guaranty agreement, a reimbursement agreement, or other
credit enhancement agreement with the port authority to provide a
guaranty or other credit enhancement of the port authority revenue
bonds referred to in division (B)(2)(a) of this section pledging
taxes, other than ad valorem property taxes, or other revenues for
the purpose of providing the funds required to satisfy the host
municipal corporation's obligations under that agreement.

The
cooperative agreement may provide that the proceeds of such
securities or of such guaranty agreement, reimbursement agreement, or
other credit enhancement agreement be deposited with and administered
by the trustee pursuant to the trust agreement authorized in division
(C) of this section.

(4)
The corporation may agree to do any or all of the following:

(a)
Lease the port authority educational and cultural performing arts
facility from the port authority;

(b)
Operate and maintain the port authority educational and cultural
performing arts facility pursuant to the lease;

(c)
To the extent provided for in the cooperative agreement or the lease
from the port authority, administer on behalf of the port authority
the contracts for acquiring, constructing, renovating,
rehabilitating, or equipping the port authority educational and
cultural performing arts facility.

(C)
The pledge and payments referred to in divisions (B)(1)(b) and (c) of
this section and provided for in the cooperative agreement shall be
for the period stated in the cooperative agreement but shall not
extend longer than the period necessary to provide for the final
retirement of the port authority revenue bonds referred to in
division (B)(2)(a) of this section, and for the satisfaction by the
port authority of any of its obligations under or arising from any
guaranty agreements, reimbursement agreements, or other credit
enhancement agreements relating to those bonds or to the revenues
pledged to them. The cooperative agreement shall provide for the
termination of the cooperative agreement, including the pledge and
payment referred to in division (B)(1)(c) of this section, if the
port authority revenue bonds referred to in division (B)(2)(a) of
this section have not been issued, sold, and delivered within five
years of the effective date of the cooperative agreement.

The
cooperative agreement shall provide that any port authority revenue
bonds shall be secured by a trust agreement between the port
authority and a corporate trustee that is a trust company or bank
having the powers of a trust company within or outside the state but
authorized to exercise trust powers within the state. The host county
may be a party to that trust agreement for the purpose of better
securing the pledge by the host county of its payment to the
corporation pursuant to division (B)(1)(c) of this section. A tax
levied pursuant to section 5739.09 of the Revised Code for the
purposes specified in division (B)(1)(b) or (c) of this section is
not subject to diminution by initiative or referendum or diminution
by statute, unless provision is made for an adequate substitute
reasonably satisfactory to the trustee under the trust agreement that
secures the port authority revenue bonds.

(D)
A pledge of money by a host county under this section shall not be
net indebtedness of the host county for purposes of section 133.07 of
the Revised Code. A guaranty or other credit enhancement by a host
municipal corporation under this section shall not be net
indebtedness of the host municipal corporation for purposes of
section 133.05 of the Revised Code.

(E)
If the terms of the cooperative agreement so provide, any contract
for the acquisition, construction, renovation, rehabilitation,
equipping, or improving of a port authority educational and cultural
performing arts facility shall be made in such manner as is
determined by the board of directors of the port authority, and
unless the cooperative agreement provides otherwise, such a contract
is not subject to division (A)(18)(b) of section 4582.31 of the
Revised Code. The port authority may take the assignment of and
assume any contracts for the acquisition, construction, renovation,
rehabilitation, equipping, or improving of a port authority
educational and cultural performing arts facility that had previously
been authorized by any of the host county, the host municipality, or
the corporation. Such contracts are not subject to division
(A)(18)(b) of section 4582.31 of the Revised Code.

Any
contract for the acquisition, construction, renovation,
rehabilitation, equipping, or improving of a port authority
educational and cultural performing arts facility entered into,
assigned, or assumed pursuant to this division shall provide that all
laborers and mechanics employed for the acquisition, construction,
renovation, rehabilitation, equipping, or improving of that facility
shall be paid at the prevailing rates of wages of laborers and
mechanics for the class of work called for by the port authority
educational and cultural performing arts facility, which wages shall
be determined in accordance with the requirements of Chapter 4115. of
the Revised Code for the determination of prevailing wage rates.

Notwithstanding
any provisions to the contrary in section 123.281 of the Revised
Code, construction services and general building services for a port
authority educational and cultural performing arts facility funded
completely or in part with money appropriated by the state to the
Ohio facilities construction commission may be provided by a port
authority or a corporation that occupies, will occupy, or is
responsible for that facility, as determined by the commission. The
construction services and general building services to be provided by
the port authority or the corporation shall be specified in an
agreement between the commission and the port authority or
corporation. That agreement, or any actions taken under it, are not
subject to Chapters 123. or 153. of the Revised Code
,
but are subject to Chapter 4115. of the Revised Code
.

Sec.
307.696.
(A)
As used in this section:

(1)
"County taxes" means taxes levied by the county pursuant to
sections 307.697, 4301.421, 5743.024, 5743.323, 5743.511, 5743.521,
5743.621, and 5743.631 of the Revised Code.

(2)
"Corporation" means either of the following:

(a)
A nonprofit corporation that is organized under the laws of this
state for the purposes of operating or constructing and operating a
sports facility in the county and that may also be organized under
the laws of this state for the additional purposes of conducting
redevelopment and economic development activities within the host
municipal corporation;

(b)
A new community authority as defined in section 349.01 of the Revised
Code.

(3)
"Sports facility" means a sports facility that is intended
to house major league professional athletic teams, including a
stadium, together with all parking facilities, walkways, and other
auxiliary facilities, real and personal property, property rights,
easements, and interests that may be appropriate for, or used in
connection with, the operation of the facility.

(4)
"Construction" includes, but is not limited to, providing
fixtures, furnishings, and equipment and providing for capital
repairs and improvements.

(5)
"Debt service charges" means the interest, principal,
premium, if any, carrying and redemption charges, and expenses on
bonds issued by either the county or the corporation to:

(a)
Construct a sports facility or provide for related redevelopment or
economic development as provided in this section;

(b)
Acquire real and personal property, property rights, easements, or
interests that may be appropriate for, or used in connection with,
the operation of the facility; and

(c)
Make site improvements to real property, including, but not limited
to, demolition, excavation, and installation of footers, pilings, and
foundations.

(6)
"Host municipal corporation" means the municipal
corporation within the boundaries of which the sports facility is
located.

(B)
A board of county commissioners of a county that levies a tax under
section 307.697, 4301.421, or 5743.024 of the Revised Code may enter
into an agreement with a corporation operating in the county, and, if
there is a host municipal corporation all or a part of which is
located in the county, shall enter into an agreement with a
corporation operating in the county and the host municipal
corporation, under which:

(1)(a)
The corporation agrees to construct and operate a sports facility in
the county and to pledge and contribute all or any part of the
revenues derived from its operation, as specified in the agreement,
for the purposes described in division (C)(1) of this section; and

(b)
The board agrees to levy county taxes and pledge and contribute any
part or all of the revenues therefrom, as specified in the agreement,
for the purposes described in division (C)(1) of this section; or

(2)(a)
The corporation agrees to operate a sports facility constructed by
the county and to pledge and contribute all or any part of the
revenues derived from its operation, as specified in the agreement,
for the purposes described in division (C)(2) of this section; and

(b)
The board agrees to issue revenue bonds of the county, use the
proceeds from the sale of the bonds to construct a sports facility in
the county, and to levy county taxes and pledge and contribute all or
any part of the revenues therefrom, as specified in the agreement,
for the purposes described in division (C)(2) of this section; and,
if applicable

(3)
The host municipal corporation agrees to expend the unused pledges
and contributions and surplus revenues as described in divisions
(C)(1) and (2) of this section for redevelopment and economic
development purposes related to the sports facility.

(C)(1)
The primary purpose of the pledges and contributions described in
division (B)(1) of this section is payment of debt service charges.
To the extent the pledges and contributions are not used by the
county or corporation for payment of debt service charges, the county
or corporation, pursuant to the agreement provided for in division
(B) of this section, shall provide the unused pledges and
contributions, together with surplus revenues of the sports facility
not needed for debt service charges or the operation and maintenance
of the sports facility, to the host municipal corporation, or a
nonprofit corporation, which may be the corporation acting on behalf
of the host municipal corporation, for redevelopment and economic
development purposes related to the sports facility. If the county
taxes are also levied for the purpose of making permanent
improvements, the agreement shall include a schedule of annual
pledges and contributions by the county for the payment of debt
service charges. The county's pledge and contribution provided for in
the agreement shall be for the period stated in the agreement but not
to exceed twenty years. The agreement shall provide that any such
bonds and notes shall be secured by a trust agreement between the
corporation or other bond issuer and a corporate trustee that is a
trust company or bank having the powers of a trust company within or
without the state, and the trust agreement shall pledge or assign to
the retirement of the bonds or notes, all moneys paid by the county
for that purpose under this section. A county tax, all or any part of
the revenues from which are pledged under an agreement entered into
by a board of county commissioners under this section shall not be
subject to diminution by initiative or referendum, or diminution by
statute, unless provision is made therein for an adequate substitute
therefor reasonably satisfactory to the trustee under the trust
agreement that secures the bonds and notes.

(2)
The primary purpose of the pledges and contributions described in
division (B)(2) of this section is payment of debt service charges.
To the extent the pledges and contributions are not used by the
county for payment of debt service charges, the county or
corporation, pursuant to the agreement provided for in division (B)
of this section, shall provide the unused pledges and contributions,
together with surplus revenues of the sports facility not needed for
debt service charges or the operation and maintenance of the sports
facility, to the host municipal corporation, or a nonprofit
corporation, which may be the corporation, acting on behalf of the
host municipal corporation, for redevelopment and economic
development purposes related to the sports facility. The
corporation's pledge and contribution provided for in the agreement
shall be until all of the bonds issued for the construction of the
facility have been retired.

(D)
A pledge of money by a county under this section shall not be
indebtedness of the county for purposes of Chapter 133. of the
Revised Code.

(E)
If the terms of the agreement so provide, the board of county
commissioners may acquire, make site improvements to, including, but
not limited to, demolition, excavation, and installation of footers,
pilings, and foundations, and lease real property for the sports
facility to a corporation that constructs a sports facility under
division (B)(1) of this section. The agreement shall specify the
term, which shall not exceed thirty years and shall be on such terms
as are set forth in the agreement. The purchase, improvement, and
lease may be the subject of an agreement between the county and a
municipal corporation located within the county pursuant to section
153.61 or 307.15 of the Revised Code, and are not subject to the
limitations of sections 307.02 and 307.09 of the Revised Code.

(F)
The corporation shall not enter into any construction contract or
contract for the purchase of services for use in connection with the
construction of a sports facility prior to the corporation's adoption
and implementation of a policy on the set aside of contracts for
bidding by or award to minority business enterprises, as defined in
division (E)(1) of section 122.71 of the Revised Code.

Sections 4115.03 to 4115.16 of the Revised Code apply to a sports
facility constructed under this section.

(G)
Not more than one-half of the total costs, including debt service
charges and cost of operation, of a project undertaken pursuant to an
agreement entered into under division (B) of this section shall be
paid from county taxes. Nothing in this section authorizes the use of
revenues from county taxes or proceeds from the sale of bonds issued
by the board of county commissioners for payment of costs of
operation of a sports facility.

(H)
Division (G) of this section and the twenty-year limitation
prescribed in division (C)(1) of this section do not apply in the
case of taxes levied pursuant to division (E) of section 307.697 of
the Revised Code, division (C) of section 4301.421 of the Revised
Code, division (D) of section 5743.024 of the Revised Code, division
(C) of section 5743.323 of the Revised Code, and sections 5743.511,
5743.521, 5743.621, and 5743.631 of the Revised Code. Notwithstanding
anything to the contrary in this section or any other section of the
Revised Code, revenue from the taxes levied pursuant to those
provisions shall be equally divided by the county among the sports
facilities that exist within the boundaries of the county during the
period that the taxes are levied. Unless documented by an agreement
with the applicable owner of a sports facility, such division of
revenue shall be made directly by the county treasurer by payment to
the respective owners of the sports facilities.

Sec.
308.21.
(A)
The board of trustees of a regional airport authority, the board of
directors of a port authority, or the legislative authority of a
municipal corporation that owns, operates, or maintains a qualifying
airport may, by resolution adopted before January 1, 2024, create an
airport development district for the purpose of developing and
implementing plans for public infrastructure improvements that
benefit the qualifying airport and to finance expenditures to attract
or retain airlines, increase the number of scheduled flights to and
from the qualifying airport, or increase use of the airport by
aircraft having greater passenger capacity or greater first-class
seating availability. The resolution shall include a development plan
for the district that, at minimum, specifies all of the following:

(1)
The manner in which the nonprofit corporation that is to govern the
district will be formed, operated, and organized;

(2)
The manner in which the board of directors of the nonprofit
corporation that is to govern the district are appointed;

(3)
A plan for the public infrastructure improvements and other
expenditures to be financed by the district;

(4)
A description of the territory of the district, which shall consist
of all parcels of real property that are located within five miles of
the qualifying airport. For the purpose of this division, a parcel is
located within five miles of a qualifying airport if the distance
between any portion of the parcel and any portion of the qualifying
airport is five miles or less.

(B)
After adopting a resolution under division (A) of this section, the
board of trustees of the regional airport authority, board of
directors of the port authority, or legislative authority of the
municipal corporation shall submit a copy to the director of
development.

(C)
An airport development district is not a political subdivision for
any purpose prescribed in the Revised Code. A district shall be
considered a public agency under section 102.01 of the Revised Code

and a public authority under section 4115.03 of the Revised Code
.
Districts are subject to sections 121.22 and 121.23 of the Revised
Code, but are not subject to sections 121.81 to 121.82 of the Revised
Code.

Sec.
351.06.
A
facility to be constructed pursuant to this chapter is a public
improvement and a convention facilities authority is a public
authority for purposes of section 4115.03 of the Revised Code. All
contractors and subcontractors working on such facilities are subject
to and shall comply with sections 4115.03 to 4115.16 of the Revised
Code.
A
convention facilities authority is a contracting authority for
purposes of sections 307.86 to 307.91 of the Revised Code.

No
convention facilities authority shall construct a facility under this
chapter unless the plans for the facility provide for parking and
transportation determined by the board of county commissioners as
adequate to serve that facility.

A
convention facilities authority may do all of the following:

(A)
Adopt bylaws for the regulation of its affairs and the conduct of its
business;

(B)
Adopt an official seal;

(C)
Maintain a principal office within its territory;

(D)
Acquire, purchase, construct, reconstruct, enlarge, furnish, equip,
maintain, repair, sell, exchange, lease or rent to, lease or rent
from, operate, or contract for the operation by others of, facilities
within its territory, and make charges for the use of the facilities;

(E)
Make available the use or services of any facility to persons or
governmental agencies on such terms and conditions as the authority
shall determine;

(F)
By resolution of its board of directors, issue convention facilities
authority revenue bonds beyond the limit of bonded indebtedness
provided by law, payable solely from revenues as provided in section
351.14 of the Revised Code, unless the bonds are refunded by
refunding bonds, for the purpose of providing funds to pay the costs
of any facility or facilities or parts of any facility or facilities,
and, if moneys raised by taxation are not obligated or pledged for
the payment of those revenue bonds, to pay the costs of any facility
or facilities or parts of any facility or facilities pursuant to
Section 13 of Article VIII, Ohio Constitution, and in order to create
or preserve jobs and employment opportunities and improve the
economic welfare of the people of the state;

(G)
Maintain such funds as it determines necessary;

(H)
Direct its agents or employees, when properly identified in writing
and after at least five days' written notice, to enter upon lands
within its territory in order to make surveys and examinations
preliminary to location and construction of facilities, or other work
for the purposes of the convention facilities authority, without
liability of the authority or its agents or employees except for
actual damage done;

(I)
Promote, advertise, and publicize the authority and its facilities;

(J)(1)
Adopt rules, not in conflict with general law, governing the use of
its property, grounds, buildings, equipment, and facilities, and the
conduct of its employees and the public, in order to promote the
public safety and convenience in and about its facilities and
grounds, and to maintain order. Any such rule shall be posted at a
prominent place in each of the buildings or facilities to which it
applies.

(2)
No person shall violate any lawful rule adopted and posted as
provided in this division.

(K)
Acquire by gift or purchase, hold, lease, and dispose of real and
personal property and interests in the property in the exercise of
its powers and the performance of its duties under this chapter;

(L)
Acquire, in the name of the authority, by purchase or otherwise, on
such terms and in such manner as the authority finds proper, or by
the exercise of the right of appropriation in the manner provided by
section 351.22 of the Revised Code, such public or private lands,
including public parks, playgrounds, or reservations, or parts
thereof or rights therein, rights-of-way, rights, franchises,
easements, and interests as it finds necessary or proper for carrying
out this chapter, and compensation shall be paid for public or
private lands so taken;

(M)
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 this chapter provided that no
construction contract or contract for the purchase of goods or
services shall be approved or entered into by the authority prior to
the adoption and implementation of a policy on the set aside of
contracts for bidding by or award to minority business enterprises,
as defined in division (E)(1) of section 122.71 of the Revised Code;

(N)
Employ managers, superintendents, and other employees and retain or
contract with consulting engineers, financial consultants, accounting
experts, architects, attorneys, and such other consultants and
independent contractors as are necessary in its judgment to carry out
this chapter, and fix their compensation. All expenses of doing so
shall be payable solely from the proceeds of convention facilities
authority bonds and notes issued under this chapter, or from excise
taxes and revenues.

(O)
Receive and accept from any governmental agency grants for or in aid
of the purposes of the authority, 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 such grants and contributions are made;

(P)
Engage in research and development with respect to facilities;

(Q)
Purchase fire and extended coverage and liability insurance for any
facility and for the offices of the authority, insurance protecting
the 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 authority may agree to
provide under any resolution authorizing its convention facilities
authority revenue bonds or in any trust agreement securing the same;

(R)
Charge, alter, and collect rentals and other charges for the use or
services of any facility as provided in section 351.09 of the Revised
Code;

(S)
If a tax proposed under section 5739.026 of the Revised Code is
disapproved by the electors, request the board of county
commissioners to dissolve the authority pursuant to section 351.03 of
the Revised Code;

(T)
By resolution of its board of directors, levy any of the excise taxes
authorized by division (B) or (C) of section 351.021 of the Revised
Code if authorized by the county commissioners, and issue convention
facilities authority tax anticipation bonds beyond any limit of
bonded indebtedness provided by law, payable solely from excise taxes
levied pursuant to division (B) or (C) of section 351.021 of the
Revised Code and revenues as provided in section 351.141 of the
Revised Code.

(U)
Do all acts necessary or proper to carry out the powers expressly
granted in this chapter.

Sec.
353.03.
A
lake facilities authority may do all of the following:

(A)
Acquire by purchase, lease, gift, or otherwise, on such terms and in
such manner as it considers proper, real and personal property
necessary for an authorized purpose or any estate, interest, or right
therein, within or without the impacted lake district;

(B)
Improve, remediate, maintain, sell, lease, or otherwise dispose of
real and personal property on such terms and in such manner as it
considers proper;

(C)
Request that the department of natural resources, the environmental
protection agency, or the department of agriculture adopt, modify,
and enforce reasonable rules and regulations governing impacted
watersheds;

(D)
Employ such managers, administrative officers, agents, engineers,
architects, attorneys, contractors, subcontractors, and employees as
may be appropriate in the exercise of the rights, powers, and duties
conferred on it, prescribe the duties and compensation for such
persons, require bonds to be given by any such persons and by
officers of the authority for the faithful performance of their
duties, and fix the amount and surety therefor, and pay the surety;

(E)
Sue and be sued in its corporate name;

(F)(1)
Make and enter into all contracts and agreements and execute all
instruments relating to the provisions of this chapter;

(2)
Except as provided otherwise under divisions (F)(2) and (3) of this
section, when the cost of a contract for the construction of any
building, structure, or other improvement undertaken by a lake
facilities authority involves an expenditure exceeding fifty thousand
dollars, and the lake facilities authority is the contracting
authority, the lake facilities 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 impacted
lake district. Each such contract shall be awarded to the lowest
responsive and responsible bidder in accordance with section 9.312 of
the Revised Code. The board of directors by rule may provide criteria
for the negotiation and award without competitive bidding of any
contract as to which the lake facilities authority is the contracting
authority for the construction of any building or structure or other
improvement under any of the following circumstances:

(a)
There exists a real and present emergency that threatens damage to
property or injury to persons of the lake facilities 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 at the time of
the contract's execution by the officer of the lake facilities
authority that executes the contract and shall be attached to the
contract.

(b)
A commonly recognized industry or other standard or specification
does not exist and cannot objectively be articulated for the
improvement.

(c)
The contract is for any energy conservation measure as defined in
section 307.041 of the Revised Code.

(d)
With respect to material to be incorporated into the improvement,
only a single source or supplier exists for the material.

(e)
A single bid is received by the lake facilities authority after
complying with the above provisions.

(3)
In addition to the exceptions to competitive bidding requirements
under division (F)(2) of this section, a lake facilities authority
may contract for the acquisition or construction of any property for
an authorized purpose and for the leasing, subleasing, sale, or other
disposition of the property in a manner determined by the lake
facilities authority in its sole discretion, without necessity for
competitive bidding or performance bonds.

(4)
With respect to any public improvement undertaken by, or under
contract for, the lake facilities authority, the authority may elect
to apply sections 4115.03 to 4115.21 of the Revised Code.

(G)
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;

(H)
Apply for and accept grants, loans, or commitments of guarantee or
insurance, including any guarantees of lake facilities authority
bonds and notes, from the United States, the state, or other public
body or other sources, and provide any consideration which may be
required in order to obtain such grants, loans, or contracts of
guarantee or insurance;

(I)
Procure insurance against loss to the lake facilities authority by
reason of damage to its properties resulting from fire, theft,
accident, or other casualties, or by reason of its liability for any
damages to persons or property occurring in the construction or
operation of facilities or areas under its jurisdiction or the
conduct of its activities;

(J)
Maintain such funds or reserves as it considers necessary for the
efficient performance of its duties;

(K)
Enforce any covenants, of which the lake facilities authority is the
beneficiary, running with the land.

(L)
Issue securities for the remediation of an impacted watershed and
directly related permanent improvements in compliance with Chapter
133. of the Revised Code, except that such bonds or notes may be
issued only pursuant to a vote of the electors residing within the
impacted lake district. The net indebtedness incurred by a lake
facilities authority pursuant to this division may not exceed
one-tenth of one per cent of the total value of all property within
the territory comprising the impacted lake district as listed and
assessed for taxation.

(M)
Issue lake facilities authority revenue bonds beyond the limit of
bonded indebtedness provided by law, payable solely from revenues as
provided in section 353.09 of the Revised Code for the purpose of
providing funds to pay costs of any facility or facilities or parts
thereof;

(N)
Advise and provide input to political subdivisions within the
impacted lake district with respect to zoning and land use planning
within the impacted lake district;

(O)
Enter into agreements for the management, ownership, possession, or
control of lands or property to be used for wetland mitigation
banking;

(P)
Adopt and modify rules and regulations to carry out the authority
granted to the lake facilities authority under this section.

Sec.
1506.44.
(A)
A board of county commissioners may use a loan obtained under
division (C) of this section to provide financial assistance to any
person who owns real property in a coastal erosion area and who has
received a permit under section 1506.40 of the Revised Code to
construct an erosion control structure in that coastal erosion area.
The board shall enter into an agreement with the person that complies
with all of the following requirements:

(1)
The agreement shall identify the person's real property for which the
erosion control structure is being constructed and shall include a
legal description of that property and a reference to the volume and
page of the deed record in which the title of that person to that
property is recorded.

(2)
In accordance with rules adopted by the Ohio water development
authority under division (V) of section 6121.04 of the Revised Code
for the purposes of division (C) of this section and pursuant to an
agreement between the board and the authority under that division,
the board shall agree to cause payments to be made by the authority
to the contractor hired by the person to construct an erosion control
structure in amounts not to exceed the total amount specified in the
agreement between the board and the person.

(3)
The person shall agree to pay to the board, or to the authority as
the assignee pursuant to division (C) of this section, the total
amount of the payments plus administrative or other costs of the
board or the authority at times, in installments, and bearing
interest as specified in the agreement.

The
agreement may contain additional provisions that the board determines
necessary to safeguard the interests of the county or to comply with
an agreement entered into under division (C) of this section.

(B)
Upon entering into an agreement under division (A) of this section,
the board shall do all of the following:

(1)
Cause the agreement to be recorded in the county deed records in the
office of the county recorder of the county in which the real
property is situated. Failure to record the agreement does not affect
the validity of the agreement or the collection of any amounts due
under the agreement.

(2)
Establish by resolution an erosion control repayment fund into which
shall be deposited all amounts collected under division (B)(3) of
this section. Moneys in that fund shall be used by the board for the
repayment of the loan and for administrative or other costs of the
board or the authority as specified in an agreement entered into
under division (C) of this section. If the amount of money in the
fund is inadequate to repay the loan when due, the board of county
commissioners, by resolution, may advance money from any other fund
in order to repay the loan if that use of the money from the other
fund is not in conflict with law. If the board so advances money in
order to repay the loan, the board subsequently shall reimburse each
fund from which the board advances money with moneys from the erosion
control repayment fund.

(3)
Bill and collect all amounts when due under the agreement entered
into under division (A) of this section. The board shall certify
amounts not paid when due to the county auditor, who shall enter the
amounts on the real property tax list and duplicate against the
property identified under division (A)(1) of this section. The
amounts not paid when due shall be a lien on that property from the
date on which the amounts are placed on the tax list and duplicate
and shall be collected in the same manner as other taxes.

(C)
A board may apply to the authority for a loan for the purpose of
entering into agreements under division (A) of this section. The loan
shall be for an amount and on the terms established in an agreement
between the board and the authority. The board may assign any
agreements entered into under division (A) of this section to the
authority in order to provide for the repayment of the loan and may
pledge any lawfully available revenues to the repayment of the loan,
provided that no moneys raised by taxation shall be obligated or
pledged by the board for the repayment of the loan. Any agreement
with the authority pursuant to this division is not subject to
Chapter 133. of the Revised Code or any requirements or limitations
established in that chapter.

(D)
The authority, as assignee of any agreement pursuant to division (C)
of this section, may enforce and compel the board and the county
auditor by mandamus pursuant to Chapter 2731. of the Revised Code to
comply with division (B) of this section in a timely manner.

(E)
The construction of an erosion control structure by a contractor
hired by an individual homeowner, group of individual homeowners, or
homeowners association that enters into an agreement with a board
under division (A) of this section
is
not a public improvement, as defined in section 4115.03 of the
Revised Code, and
is
not subject to competitive bidding or public bond laws.

Sec.
1710.02.
(A)(1)
A special improvement district may be created within the boundaries
of any one municipal corporation, any one township, or any
combination of municipal corporations and townships within a single
county, or counties that adjoin one another, 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.

(2)
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. The corporation is considered a special improvement
district only when it acts with respect to a purpose for which the
district is created, and not when it acts with respect to any other
purpose for which it is organized.

(3)
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 or
shoreline 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 or shoreline
improvement projects if at least one special energy improvement
project or shoreline improvement project, respectively, 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.

(4)
The district shall be governed by the board of trustees of a
nonprofit corporation. This board shall be known as the board of
directors of the special improvement district.

(5)
No special improvement district shall include any church property, or
property of the federal or state government or a county, township,
municipal corporation, or park district, unless the church or the
county, township, municipal corporation, or park district
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.

(6)
A shoreline improvement project may extend into the territory of Lake
Erie as described in sections 1506.10 and 1506.11 of the Revised
Code. However, the state shall remain exempt from any special
assessment that may be levied against that territory under section
1710.06 and Chapter 727. of the Revised Code.

(7)
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.

(8)
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 or shoreline improvement thereon.

(B)
Subject to division (A)(2) of this section, all of the following
apply:

(1)
A district created under this chapter is not a political subdivision,
except for purposes of section 4905.34 of the Revised Code.

(2)
A district created under this chapter shall be considered a public
agency under section 102.01
and
a public authority under section 4115.03
of
the Revised Code.

(3)
Districts created under this chapter are not subject to sections
121.81 to 121.82 of the Revised Code. Districts created under this
chapter are subject to sections 121.22 and 121.23 of the Revised
Code.

(4)
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.

(C)(1)
Subject to division (C)(2) of this section, both of the following
apply:

(a)
Membership on the board of directors of the district shall not be
considered as holding a public office. However, each member of the
board of directors of a district, each member's designee or proxy,
and each officer or employee of a district is a public official or
employee under section 102.01 and a public official under section
2921.42 of the Revised Code. 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.

(b)
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.

(2)
District officers and district members and directors of a district
created by an existing qualified nonprofit corporation, and their
designees or proxies, are public officials or employees under section
102.01 and public officials under section 2921.42 of the Revised Code
by virtue of their positions with the corporation only when they act
with respect to a purpose for which the district is created, and not
when they act with respect to any other purpose for which the
corporation is organized.

(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 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 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, park district, or federal government,
unless a church, county, township, municipal corporation, or park
district 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, park district, or federal government,
unless a church, county, township, municipal corporation, or park
district 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 or shoreline 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. Except as
provided in division (H) of this section, if a special improvement
district is being created under this chapter for the purpose of
developing and implementing plans for special energy improvement
projects or shoreline 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 or shoreline 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
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. In addition, all activities associated
with a shoreline improvement project that is implemented under this
chapter shall comply with all applicable local zoning requirements,
all local, state, and federal environmental laws and regulations, and
all applicable requirements established in Chapter 1506. of the
Revised Code and rules adopted under it.

(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) 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 or shoreline 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 or shoreline 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
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;

(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; 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.

(H)
The owner of real property that is part of a planned community or a
condominium development is deemed to have signed the petitions
required under division (E) of this section and division (B) of
section 1710.06 of the Revised Code with respect to a special
improvement district that is being created for the purpose of
developing and implementing plans for shoreline improvement projects
if the district and the projects have been approved through an
alternative process prescribed by the bylaws, declarations,
covenants, and restrictions governing the planned community or
condominium development. Such an alternative process may consist of a
vote of the owners association or unit owners association, the
approval of a specified percentage of property owners, or any other
procedure authorized by the bylaws, declarations, covenants, and
restrictions governing the planned community or condominium
development.

As
used in this division, "condominium development" and "unit
owners association" have the same meanings as in section 5311.01
of the Revised Code, and "planned community," "owners
association," "bylaws," and "declaration"
have the same meanings as in section 5312.01 of the Revised Code.

Sec.
4115.03.
As
used in sections 4115.03 to 4115.16 of the Revised Code:

(A)
(A)(1)

"Public authority" means any officer, board, or commission
of the state
,
or any political subdivision of the state,

authorized to enter into a contract for the construction of a public
improvement or to construct the same by the direct employment of
labor, or any institution supported in whole or in part by public
funds and said sections apply to expenditures of such institutions
made in whole or in part from public funds.

(2)
"Public authority" does not mean any of the following:

(a)
A political subdivision, unless the political subdivision elects
under section 4115.04 of the Revised Code to be subject to the
requirements of sections 4115.03 to 4115.21 of the Revised Code;

(b)
A special district, unless the special district elects under section
4115.04 of the Revised Code to be subject to the requirements of
sections 4115.03 to 4115.21 of the Revised Code;

(c)
A state institution of higher education, unless the state institution
elects under section 4115.04 of the Revised Code to be subject to the
requirements of sections 4115.03 to 4115.21 of the Revised Code.

(B)
"Construction" means any of the following:

(1)
Except as provided in division (B)(3) of this section, any new
construction of a public improvement, the total overall project cost
of which is fairly estimated to be more than
the
following amounts
five
million dollars adjusted biennially by the director of commerce
pursuant to section 4115.034 of the Revised Code
and
performed by other than full-time employees who have completed their
probationary periods in the classified service of a public authority
:

(a)
One hundred twenty-five thousand dollars, beginning on September 29,
2011, and continuing for one year thereafter;

(b)
Two hundred thousand dollars, beginning when the time period
described in division (B)(1)(a) of this section expires and
continuing for one year thereafter;

(c)
Two hundred fifty thousand dollars, beginning when the time period
described in division (B)(1)(b) of this section expires
.

(2)
Except as provided in division (B)(4) of this section, any
reconstruction, enlargement, alteration, repair, remodeling,
renovation, or painting of a public improvement, the total overall
project cost of which is fairly estimated to be more than
the
following amounts
two
hundred fifty thousand dollars adjusted biennially by the director
pursuant to section 4115.034 of the Revised Code
and
performed by other than full-time employees who have completed their
probationary period in the classified civil service of a public
authority
:

(a)
Thirty-eight thousand dollars, beginning on September 29, 2011, and
continuing for one year thereafter;

(b)
Sixty thousand dollars, beginning when the time period described in
division (B)(2)(a) of this section expires and continuing for one
year thereafter;

(c)
Seventy-five thousand dollars, beginning when the time period
described in division (B)(2)(b) of this section expires
.

(3)
Any new construction of a public improvement that involves roads,
streets, alleys, sewers, ditches, and other works connected to road
or bridge construction, the total overall project cost of which is
fairly estimated to be more than seventy-eight thousand two hundred
fifty-eight dollars adjusted biennially by the director
of
commerce
pursuant
to section 4115.034 of the Revised Code and performed by other than
full-time employees who have completed their probationary periods in
the classified service of a public authority;

(4)
Any reconstruction, enlargement, alteration, repair, remodeling,
renovation, or painting of a public improvement that involves roads,
streets, alleys, sewers, ditches, and other works connected to road
or bridge construction, the total overall project cost of which is
fairly estimated to be more than twenty-three thousand four hundred
forty-seven dollars adjusted biennially by the director
of
commerce
pursuant
to section 4115.034 of the Revised Code and performed by other than
full-time employees who have completed their probationary periods in
the classified service of a public authority.

(C)
"Public improvement" includes all buildings, roads,
streets, alleys, sewers, ditches, sewage disposal plants, water
works, and all other structures or works constructed by a public
authority
of
the state or any political subdivision thereof
or
by any person who, pursuant to a contract with a public authority,
constructs any structure for a public authority

of the state or a political subdivision thereof
.
When a public authority rents or leases a newly constructed structure
within six months after completion of such construction, all work
performed on such structure to suit it for occupancy by a public
authority is a "public improvement."
"Public
improvement" does not include an improvement authorized by
section 940.06 of the Revised Code that is constructed pursuant to a
contract with a soil and water conservation district, as defined in
section 940.01 of the Revised Code, or performed as a result of a
petition filed pursuant to Chapter 6131., 6133., or 6135. of the
Revised Code, wherein no less than seventy-five per cent of the
project is located on private land and no less than seventy-five per
cent of the cost of the improvement is paid for by private property
owners pursuant to Chapter 940., 6131., 6133., or 6135. of the
Revised Code.

(D)
"Locality" means the county wherein the physical work upon
any public improvement is being performed.

(E)
"Prevailing wages" means the sum of the following:

(1)
The basic hourly rate of pay;

(2)
The rate of contribution irrevocably made by a contractor or
subcontractor to a trustee or to a third person pursuant to a fund,
plan, or program;

(3)
The rate of costs to the contractor or subcontractor which may be
reasonably anticipated in providing the following fringe benefits to
laborers and mechanics pursuant to an enforceable commitment to carry
out a financially responsible plan or program which was communicated
in writing to the laborers and mechanics affected:

(a)
Medical or hospital care or insurance to provide such;

(b)
Pensions on retirement or death or insurance to provide such;

(c)
Compensation for injuries or illnesses resulting from occupational
activities if it is in addition to that coverage required by Chapters
4121. and 4123. of the Revised Code;

(d)
Supplemental unemployment benefits that are in addition to those
required by Chapter 4141. of the Revised Code;

(e)
Life insurance;

(f)
Disability and sickness insurance;

(g)
Accident insurance;

(h)
Vacation and holiday pay;

(i)
Defraying of costs for apprenticeship or other similar training
programs which are beneficial only to the laborers and mechanics
affected;

(j)
Other bona fide fringe benefits.

None
of the benefits enumerated in division (E)(3) of this section may be
considered in the determination of prevailing wages if federal,
state, or local law requires contractors or subcontractors to provide
any of such benefits.

(F)
"Interested party," with respect to a particular contract
for construction of a public improvement, means:

(1)
Any person who submits a bid for the purpose of securing the award of
the contract;

(2)
Any person acting as a subcontractor of a person described in
division (F)(1) of this section;

(3)
Any bona fide organization of labor which has as members or is
authorized to represent employees of a person described in division
(F)(1) or (2) of this section and which exists, in whole or in part,
for the purpose of negotiating with employers concerning the wages,
hours, or terms and conditions of employment of employees;

(4)
Any association having as members any of the persons described in
division (F)(1) or (2) of this section.

(G)
Except as used in division (A) of this section, "officer"
means an individual who has an ownership interest or holds an office
of trust, command, or authority in a corporation, business trust,
partnership, or association.

(H)
"Political subdivision" has the same meaning as in section
9.23 of the Revised Code.

(I)
"State institution of higher education" has the same
meaning as in section 3345.011 of the Revised Code.

Sec.
4115.034.
On

For
projects described in divisions (B)(3) and (4) of section 4115.03 of
the Revised Code, on
January
1, 1996, and the first day of January of every even-numbered year
thereafter,
and
for projects described in divisions (B)(1) and (2) of section 4115.03
of the Revised Code, on the first day of January of the first
even-numbered year occurring after the effective date of this
amendment, and the first day of January of every even-numbered year
thereafter,
the
director of commerce shall adjust the threshold levels for which
public improvement projects are subject to sections 4115.03 to
4115.16 of the Revised Code as set forth in
divisions
(B)(3) and (4)

division (B)

of section 4115.03 of the Revised Code. The director shall adjust
those amounts according to the average increase or decrease for each
of the two years immediately preceding the adjustment as set forth in
the construction cost index published by the engineering news-record
or, should that index cease to be published, a similar recognized
industry index chosen by the director, provided that no increase or
decrease for any year shall exceed three per cent of the threshold
level in existence at the time of the adjustment.

Sec.
4115.04.
(A)(1)
Every public authority authorized to contract for or construct with
its own forces a public improvement, before advertising for bids or
undertaking such construction with its own forces, shall have the
director of commerce determine the prevailing rates of wages of
mechanics and laborers in accordance with section 4115.05 of the
Revised Code for the class of work called for by the public
improvement, in the locality where the work is to be performed.
Except as provided in division (A)(2) of this section, that schedule
of wages shall be attached to and made part of the specifications for
the work, and shall be printed on the bidding blanks where the work
is done by contract. A copy of the bidding blank shall be filed with
the director before the contract is awarded. A minimum rate of wages
for common laborers, on work coming under the jurisdiction of the
department of transportation, shall be fixed in each county of the
state by the department of transportation, in accordance with section
4115.05 of the Revised Code.

(2)
In the case of contracts that are administered by the department of
natural resources, the director of natural resources or the
director's designee shall include language in the contracts requiring
wage rate determinations and updates to be obtained directly from the
department of commerce through electronic or other means as
appropriate. Contracts that include this requirement are exempt from
the requirements established in division (A)(1) of this section that
involve attaching the schedule of wages to the specifications for the
work, making the schedule part of those specifications, and printing
the schedule on the bidding blanks where the work is done by
contract.

(B)
Sections 4115.03 to 4115.16 of the Revised Code do not apply to:

(1)
Public improvements in any case where the federal government or any
of its agencies furnishes by loan or grant all or any part of the
funds used in constructing such improvements, provided that the
federal government or any of its agencies prescribes predetermined
minimum wages to be paid to mechanics and laborers employed in the
construction of such improvements;

(2)
A participant in a work activity, developmental activity, or an
alternative work activity under sections 5107.40 to 5107.69 of the
Revised Code when a public authority directly uses the labor of the
participant to construct a public improvement if the participant is
not engaged in paid employment or subsidized employment pursuant to
the activity;

(3)

Public

Except
as provided in division (C) of this section, public
improvements
undertaken by, or under contract for,

the board of education of any school district or the governing board
of any educational service center;

(4)
Public improvements undertaken by, or under contract for, a county
hospital operated pursuant to Chapter 339. of the Revised Code or a
municipal hospital operated pursuant to Chapter 749. of the Revised
Code if none of the funds used in constructing the improvements are
the proceeds of bonds or other obligations that are secured by the
full faith and credit of the state, a county, a township, or a
municipal corporation and none of the funds used in constructing the
improvements, including funds used to repay any amounts borrowed to
construct the improvements, are funds that have been appropriated for
that purpose by the state, a board of county commissioners, a
township, or a municipal corporation from funds generated by the levy
of a tax, provided that a county hospital or municipal hospital may
elect to apply sections 4115.03 to 4115.16 of the Revised Code to a
public improvement undertaken by, or under contract for, the hospital

a political subdivision, special district, or state institution of
higher education
;

(5)

(4)

Any
project described in divisions (D)(1)(a) to (D)(1)(e) of section
176.05 of the Revised Code;

(6)
Public improvements undertaken by, or under contract for, a port
authority as defined in section 4582.01 or 4582.21 of the Revised
Code;

(7)

(5)

Any
portion of a public improvement undertaken and completed solely with
labor donated by the individuals performing the labor, by a labor
organization and its members, or by a contractor or subcontractor
that donates all labor and materials for that portion of the public
improvement project.

(C)

Subject to division (D) of this section, nothing in sections 4115.03
to 4115.21 of the Revised Code or any other provision of the Revised
Code prohibits a political subdivision, special district, or state
institution of higher education from electing to apply sections
4115.03 to 4115.21 of the Revised Code to any public improvement
undertaken by, or under contract for, the political subdivision,
special district, or state institution of higher education.

(D)

Under no circumstances shall a public authority
,
political subdivision, special district, or state institution of
higher education

apply the prevailing wage requirements of this chapter to
a

any
of the following:

(1)
A
public
improvement that is

exempt under division (B)(3) of this section

undertaken by, or under contract for, a board of education of any
school district or the governing board of any educational service
center;

(2)
An improvement authorized by section 940.06 of the Revised Code that
is constructed pursuant to a contract with a soil and water
conservation district, as defined in section 940.01 of the Revised
Code, or performed as a result of a petition filed pursuant to
Chapter 6131., 6133., or 6135. of the Revised Code, wherein not less
than seventy-five per cent of the project is located on private land
and not less than seventy-five per cent of the cost of the
improvement is paid for by private property owners pursuant to
Chapter 940., 6131., 6133., or 6135. of the Revised Code;

(3)
The construction of an erosion control structure under section
1506.44 of the Revised Code
.

Sec.
4115.06.
In
all cases where any public authority fixes a prevailing rate of wages
under section 4115.04 of the Revised Code, and the work is done by
contract, the contract executed between the public authority and the
successful bidder shall contain a provision requiring the successful
bidder and all

his

subcontractors to pay a rate of wages which shall not be less than
the rate of wages so fixed. The successful bidder and all

his

subcontractors shall comply strictly with the wage provisions of the
contract.

Where
a public authority constructs a public improvement with its own
forces, such public authority shall pay a rate of wages which shall
not be less than the rate of wages fixed as provided in section
4115.04 of the Revised Code, except in those instances provided for
in
sections
723.52,
section

5517.02
,
5575.01, and 5543.19

of the Revised Code.

Sec.
5540.03.
(A)
A transportation improvement district may:

(1)
Adopt bylaws for the regulation of its affairs and the conduct of its
business;

(2)
Adopt an official seal;

(3)
Sue and be sued in its own name, plead and be impleaded, provided any
actions against the district shall be brought in the court of common
pleas of the county in which the principal office of the district is
located, or in the court of common pleas of the county in which the
cause of action arose, and all summonses, exceptions, and notices of
every kind shall be served on the district by leaving a copy thereof
at its principal office with the secretary-treasurer;

(4)
Purchase, fund, finance, construct, maintain, repair, sell, exchange,
police, operate, or lease projects;

(5)
Issue either or both of the following for the purpose of providing
funds to pay the costs of any project or part thereof:

(a)
Transportation improvement district revenue bonds;

(b)
Bonds pursuant to Section 13 of Article VIII, Ohio Constitution.

(6)
Maintain such funds as it considers necessary;

(7)
Direct its agents or employees, when properly identified in writing
and after at least five days' written notice, to enter upon lands
within its jurisdiction to make surveys and examinations preliminary
to the location and construction of projects for the district,
without liability of the district or its agents or employees except
for actual damage done;

(8)
Make and enter into all contracts and agreements necessary or
incidental to the performance of its functions and the execution of
its powers under this chapter;

(9)
Employ or retain or contract for the services of consulting
engineers, superintendents, managers, and such other engineers,
construction and accounting experts, auditors, financial advisers,
trustees, marketing, remarketing, and administrative agents,
attorneys, and other employees, independent contractors, or agents as
are necessary in its judgment and fix their compensation, provided
all such expenses shall be payable solely from the proceeds of bonds
or from revenues;

(10)
Receive and accept from the federal or any state or local government,
including, but not limited to, any agency, entity, or instrumentality
of any of the foregoing, loans and grants for or in aid of the
construction, maintenance, or repair of any project, and receive and
accept aid or contributions from any source or person of money,
property, labor, or other things of value, to be held, used, and
applied only for the purposes for which such loans, grants, and
contributions are made. Nothing in division (A)(10) of this section
shall be construed as imposing any liability on this state for any
loan received by a transportation improvement district from a third
party unless this state has entered into an agreement to accept such
liability.

(11)
Acquire, hold, and dispose of property in the exercise of its powers
and the performance of its duties under this chapter;

(12)
Establish and collect tolls or user charges for its projects;

(13)
Subject to section 5540.18 of the Revised Code, enter into an
agreement with a contiguous board of county commissioners other than
the board of county commissioners that created the transportation
improvement district, for the district to exercise all or any portion
of its powers with respect to a project that is located wholly or
partially within the county that is party to the agreement;

(14)
Cooperate with any governmental agencies in the planning, design,
acquisition, construction, maintenance, funding, and financing of
projects, including qualifying projects. In doing so, the district
may enter into agreements with other governmental agencies to plan,
design, acquire, construct, maintain, fund, and finance the projects
or qualifying projects and to use pledged or assigned sales and use
tax revenue to pay the debt service on qualifying bonds.

(15)
Enter into an agreement with the board of county commissioners that
created the transportation improvement district and with the boards
of county commissioners of any contiguous group of counties to
exercise all powers of the district with respect to a project that is
both of the following:

(a)
Located partially or wholly within any county that is a party to the
agreement;

(b)
Partially funded with federal money.

(16)
Do all acts necessary and proper to carry out the powers expressly
granted in this chapter.

(B)(1)
(B)

Chapters 123., 124., 125., and 153., and sections 9.331 to 9.335 and
307.86 of the Revised Code do not apply to contracts or projects of a
transportation improvement district.

(2)
A transportation improvement district is subject to sections 4115.03
to 4115.21 and 4115.99 of the Revised Code, unless the amount of
state or local government funds, including, but not limited to, those
provided by any agency, entity, or instrumentality of the state or a
local government as described in division (A)(10) of this section
received for the contract or project, is, in the aggregate, less than
the amounts described in or calculated under section 4115.03 of the
Revised Code.

(C)
A transportation improvement district may contract with the
prosecuting attorney of a county, as provided in section 309.09 of
the Revised Code, to obtain legal services from the prosecuting
attorney.

Sec.
6117.012.
(A)
A board of county commissioners may adopt rules requiring owners of
property within the district whose property is served by a connection
to sewers maintained and operated by the board or to sewers that are
connected to interceptor sewers maintained and operated by the board
to do any of the following:

(1)
Disconnect storm water inflows to sanitary sewers maintained and
operated by the board and not operated as a combined sewer, or to
connections with those sewers;

(2)
Disconnect non-storm water inflows to storm water sewers maintained
and operated by the board and not operated as a combined sewer, or to
connections with those storm water sewers;

(3)
Reconnect or relocate any such disconnected inflows in compliance
with board rules and applicable building codes, health codes, or
other relevant codes;

(4)
Prevent sewer back-ups into properties that have experienced one or
more back-ups of sanitary or combined sewers maintained and operated
by the board;

(5)
Prevent storm water from entering a combined sewer and causing an
overflow or an inflow to a sanitary sewer, which prevention may
include projects or programs that separate the storm water from a
combined sewer or that utilize a prevention or replacement facility
to prevent or minimize storm water from entering a combined sewer or
a sanitary sewer.

(B)
Any inflow required to be disconnected or any sewer back-up required
to be prevented under a rule adopted pursuant to divisions (A)(1) to
(4) of this section constitutes a nuisance subject to injunctive
relief and abatement pursuant to Chapter 3767. of the Revised Code or
as otherwise permitted by law.

(C)
A board of county commissioners may use sewer district funds; county
general fund moneys; the proceeds of bonds issued under Chapter 133.
or 165. of the Revised Code; and, to the extent permitted by their
terms, loans, grants, or other moneys from appropriate state or
federal funds, for either of the following:

(1)
The cost of disconnections, reconnections, relocations, combined
sewer overflow prevention, or sewer back-up prevention required by
rules adopted pursuant to division (A) of this section, performed by
the county or under contract with the county;

(2)
Payments to the property owner or a contractor hired by the property
owner pursuant to a competitive process established by district
rules, for the cost of disconnections, reconnections, relocations,
combined sewer overflow prevention, or sewer back-up prevention
required by rules adopted pursuant to division (A) of this section
after the board, pursuant to its rules, has approved the work to be
performed and after the county has received from the property owner a
statement releasing the county from all liability in connection with
the disconnections, reconnections, relocations, combined sewer
overflow prevention, or sewer back-up prevention.

(D)
Except as provided in division (E) of this section, the board of
county commissioners shall require in its rules regarding
disconnections, reconnections, relocations of sewers, combined sewer
overflow prevention, or sewer back-up prevention the reimbursement of
moneys expended pursuant to division (C) of this section by either of
the following methods:

(1)
A charge to the property owner in the amount of the payment made
pursuant to division (C) of this section for immediate payment or
payment in installments with interest as determined by the board not
to exceed ten per cent, which payments may be billed as a separate
item with the rents charged to that owner for use of the sewers. The
board may approve installment payments for a period of not more than
fifteen years. If charges are to be paid in installments, the board
shall certify to the county auditor information sufficient to
identify each subject parcel of property, the total of the charges to
be paid in installments, and the total number of installments to be
paid. The auditor shall record the information in the sewer
improvement record until these charges are paid in full. Charges not
paid when due shall be certified to the county auditor, who shall
place the charges upon the real property tax list and duplicate
against that property. Those charges shall be a lien on the property
from the date they are placed on the tax list and duplicate and shall
be collected in the same manner as other taxes.

(2)
A special assessment levied against the property, payable in the
number of years the board determines, not to exceed fifteen years,
with interest as determined by the board not to exceed ten per cent.
The board shall certify the assessments to the county auditor,
stating the amount and time of payment. The auditor shall record the
information in the county sewer improvement record, showing
separately the assessments to be collected, and shall place the
assessments upon the real property tax list and duplicate for
collection. The assessments shall be a lien on the property from the
date they are placed on the tax list and duplicate and shall be
collected in the same manner as other taxes.

(E)
The county may adopt a resolution specifying a maximum amount of the
cost of any disconnection, reconnection, relocation, combined sewer
overflow prevention, or sewer back-up prevention required pursuant to
division (A) of this section that may be paid by the county for each
affected parcel of property without requiring reimbursement. That
amount may be allowed only if there is a building code, health code,
or other relevant code, or a federally imposed or state-imposed
consent decree that is filed or otherwise recorded in a court of
competent jurisdiction, applicable to the affected parcel that
prohibits in the future any inflows, combined sewer overflows, or
sewer back-ups not allowed under rules adopted pursuant to division
(A)(1), (4), or (5) of this section. The board, by rule, shall
establish criteria for determining how much of the maximum amount for
each qualifying parcel need not be reimbursed.

(F)

Disconnections,
reconnections, relocations, combined sewer overflow prevention, or
sewer back-up prevention required under this section and performed by
a contractor under contract with the property owner shall not be
considered a public improvement, and those performed by the county
shall be considered a public improvement as defined in section
4115.03 of the Revised Code.

Disconnections,
reconnections, relocations, combined sewer overflow prevention, or
sewer back-up prevention required under this section performed by a
contractor under contract with the property owner shall not be
subject to competitive bidding or public bond laws.

(G)
Property owners shall be responsible for maintaining any improvements
made or facilities constructed on private property to reconnect or
relocate disconnected inflows, for combined sewer overflow
prevention, or for sewer back-up prevention pursuant to this section
unless a public easement or other agreement exists for the county to
maintain that improvement or facility.

(H)
A board of county commissioners may provide rate reductions of and
credits against charges for the use of sewers to a property owner
that implements a project or program that prevents storm water from
entering a combined sewer and causing an overflow. Such a project or
program may include the use of a prevention or replacement facility
to handle storm water that has been separated from a combined sewer.
The revised rates or charges shall be collected and paid to the
county treasurer in accordance with section 6117.02 of the Revised
Code.

Sec.
6121.061.
The
Ohio water development authority shall not issue any bonds or
otherwise participate in any project authorized by this chapter or
Chapter 6123. of the Revised Code unless the contract, resolution, or
other written document setting forth the board's participation
specifies that all wages paid to laborers and mechanics employed on
the projects shall be paid at the prevailing rates of wages of
laborers and mechanics for the class of work called for by the
project, which wages shall be determined in accordance with the
requirements of Chapter 4115. of the Revised Code for determination
of prevailing wage rates, provided that the requirements of this
section do not apply

to loans made to boards of county commissioners under division (V) of
section 6121.04 of the Revised Code or

where the federal government or any of its agencies furnishes by loan
or grant all or any part of the funds used in connection with the
project and prescribes predetermined minimum wages to be paid to the
laborers and mechanics, and provided that if a non-public user
beneficiary of the project undertakes, as part of the project,
construction to be performed by its regular bargaining unit employees
who are covered under a collective bargaining agreement that was in
existence prior to the date of the commitment instrument setting
forth the board's participation, the rate of pay provided under the
collective bargaining agreement may be paid to those employees.

Section
2.
That
existing sections 164.07, 307.022, 307.671, 307.673, 307.674,
307.696, 308.21, 351.06, 353.03, 1506.44, 1710.02, 4115.03, 4115.034,
4115.04, 4115.06, 5540.03, 6117.012, and 6121.061 of the Revised Code
are hereby repealed.

Section
3.
The
amendments made by this act to sections 164.07, 307.022, 307.671,
307.673, 307.674, 307.696, 308.21, 351.06, 353.03, 1506.44, 1710.02,
4115.03, 4115.04, 4115.06, 5540.03, 6117.012, and 6121.061 of the
Revised Code apply to contracts entered into, renewed, or extended on
or after the effective date of this section.