Regards DoDD authority re: community capital assistance funds

hb585_02_PH

As Passed by the House

136th
General Assembly

Regular
Session
Am. H. B. No. 585

2025-2026

Representatives Odioso, Lett

Cosponsors: Representatives Abrams,
Brennan, Brewer, Brownlee, Click, Cockley, Glassburn, Grim, Jarrells,
Lawson-Rowe, Lorenz, Mathews, A., Miller, J., Piccolantonio, Robb
Blasdel, Russo, Schmidt, Sims, Somani, Synenberg, Thomas, C., Tims,
Troy, White, A., White, E., Williams, Willis

To
amend section 5123.351 of the Revised Code
regarding
the authority of the Department of Developmental Disabilities to
adopt rules regarding the use of community capital assistance funds.

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

Section
1.
That
section 5123.351 of the Revised Code be amended to read as follows:

Sec.
5123.351.
The

(A)
Subject to division (B) of this section, the
director
of developmental disabilities, with respect to the eligibility for
state reimbursement of expenses incurred by facilities and programs
established and operated under Chapter 5126. of the Revised Code for
persons with developmental disabilities, shall do all of the
following:

(A)

(1)

Make
rules that may be necessary to carry out the purposes of Chapter
5126. and sections 5123.35, 5123.351, and 5123.36 of the Revised
Code;

(B)
(2)

Define minimum standards for qualifications of personnel,
professional services, and in-service training and educational leave
programs;

(C)
(3)

Review and evaluate community programs and make recommendations for
needed improvements to county boards of developmental disabilities
and to program directors;

(D)
(4)

Withhold state reimbursement, in whole or in part, from any county or
combination of counties for failure to comply with Chapter 5126. or
section 5123.35 or 5123.351 of the Revised Code or rules of the
department of developmental disabilities;

(E)
(5)

Withhold state funds from an agency, corporation, or association
denying or rendering service on the basis of race, color, sex,
religion, ancestry, national origin, disability as defined in section
4112.01 of the Revised Code, or inability to pay;

(F)
(6)

Provide consultative staff service to communities to assist in
ascertaining needs and in planning and establishing programs.

(B)
The director shall adopt rules establishing a process for the
department to make available community capital assistance funds
appropriated by the general assembly to the department
.
Community capital assistance funds shall be used
to
assist county boards of developmental disabilities
in
acquiring
housing
for individuals receiving supported living in accordance with
sections 5126.40 to 5126.47 of the Revised Code

or
individuals receiving supported living funded by a home and
community-based services waiver administered by the department
.
The rules shall do all of the following:

(1)
Specify that community capital assistance funds may be used to
acquire or construct a single-family home, a duplex, a quadplex, a
permanently sited manufactured home, a condominium, newly constructed
housing, accessory dwelling units, multi-structure dwellings, or
other housing models;

(2)
Permit community capital assistance funds to be combined with other
financing sources for the acquisition or construction of housing
described in division (B)(1) of this section. The rules shall not
permit funds to be combined with other sources if the other sources
impose requirements that are contrary to the rules adopted by the
director.

(3)
Permit county boards of developmental disabilities to secure property
interests in housing described in division (B)(1) of this section
through mortgages, restrictive covenants, or other property
instruments;

(4)
Require a county board to provide a resident who will be living in
housing acquired or constructed using community capital assistance
funds with the opportunity to meaningfully participate in selecting
the type of housing in which the resident will live.

(C)
The director may waive any rule adopted under division (B) of this
section if doing so would allow community capital assistance funds to
be used for innovative housing options that align with the priorities
of the department of developmental disabilities and county boards of
developmental disabilities.

Section
2.
That
existing section 5123.351 of the Revised Code is hereby repealed.