Restore Clean Ohio Fund and Clean Ohio Council

As Introduced

136th
General Assembly

Regular
Session
H. B. No. 93

2025-2026

Representatives Hall, T., Sweeney

Cosponsors: Representatives McNally,
Jarrells, Brewer, Synenberg, Isaacsohn, Rader, Piccolantonio, Brent,
Upchurch, Denson, Troy, Hiner, Cockley, Brennan, Rogers, Daniels,
Russo, Santucci

A
BILL

To
amend section 151.40 and to enact sections 122.65, 122.651, 122.652,
122.653, 122.654, 122.655, 122.657, 122.658, and 122.659 of the
Revised Code
to
restore the Clean Ohio Fund to be administered by the Department of
Development and the Clean Ohio Council.

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

Section
1.
That
section 151.40 be amended and sections 122.65, 122.651, 122.652,
122.653, 122.654, 122.655, 122.657, 122.658, and 122.659 of the
Revised Code be enacted to read as follows:

Sec.
122.65.
As
used in sections 122.65 to 122.659 of the Revised Code:

(A)
"Applicable cleanup standards" means either of the
following:

(1)
For property to which Chapter 3734. of the Revised Code and rules
adopted under that chapter apply, the requirements for closure or
corrective action established in rules adopted under section 3734.12
of the Revised Code;

(2)
For property to which Chapter 3746. of the Revised Code and rules
adopted under that chapter apply, the cleanup standards that are
established in rules adopted under section 3746.04 of the Revised
Code.

(B)
"Applicant" means a board of county commissioners or, in
the case of a county that has adopted a charter under Ohio
Constitution, Article X, Section 3, the county executive.

(C)
"Assessment" means a phase I and phase II property
assessment conducted in accordance with section 3746.04 of the
Revised Code and rules adopted under that section.

(D)
"Certified professional," "hazardous substance,"
"petroleum," and "release" have the same meanings
as in section 3746.01 of the Revised Code.

(E)
"County land reutilization corporation" means a corporation
organized under section 1724.04 of the Revised Code.

(F)
"Loan" includes credit enhancement.

(G)
"No further action letter" means a letter that is prepared
by a certified professional when, on the basis of the best knowledge,
information, and belief of the certified professional, the certified
professional concludes that the cleanup or remediation of a
brownfield meets the applicable cleanup standards and that contains
all of the information specified in rules adopted under section
3746.04 of the Revised Code.

(H)
"Property" means any parcel of real property, or portion of
such a parcel, and any improvements to it.

(I)
"Cleanup or remediation" means any action to contain,
remove, or dispose of hazardous substances or petroleum at a
brownfield. "Cleanup or remediation" includes the
acquisition of a brownfield, demolition performed at a brownfield,
and the installation or upgrade of the minimum amount of
infrastructure that is necessary to make a brownfield operational for
economic development activity.

Sec.
122.651.
(A)(1)
There is hereby created the clean Ohio council consisting of the
director of development or the director's designee, the director of
environmental protection or the director's designee, the speaker of
the house of representatives or the speaker's designee, the minority
leader of the house of representatives or the minority leader's
designee, the president of the senate or the president's designee,
the minority leader of the senate or the minority leader's designee,
and seven members to be appointed by the governor with the advice and
consent of the senate.

(2)
Of the members appointed by the governor:

(a)
One shall represent the interests of counties;

(b)
One shall represent the interests of municipal corporations;

(c)
One shall represent the interests of business and development;

(d)
One shall represent the interests of county land reutilization
corporations, as defined in section 1724.01 of the Revised Code;

(e)
One shall represent environmental interests and be a certified
professional;

(f)
Two shall represent the public.

(3)
The members appointed by the governor shall reflect the demographic
and economic diversity of the population of the state and shall
represent all areas of the state.

(4)
All appointments to the council shall be made not later than one
hundred twenty days after the effective date of this section.

(B)(1)
The members of the clean Ohio council shall serve at the pleasure of
their appointing or designating authorities. Of the initial members
appointed by the governor to the clean Ohio council, four shall be
appointed for two years and three shall be appointed for one year.
Thereafter, terms of office for members appointed by the governor
shall be for two years, with each term ending on the same day of the
same month as did the term that it succeeds. Each of those members
shall hold office from the date of appointment until the end of the
term for which the member is appointed.

(2)
Members of the council may be reappointed. Vacancies shall be filled
in the same manner as provided for original appointments. Any member
appointed to fill a vacancy occurring prior to the expiration date of
the term for which the member was appointed shall hold office for the
remainder of that term. A member shall continue in office after the
expiration date of the member's term until the member's successor
takes office, or until a period of sixty days has elapsed, whichever
occurs first. The governor may remove a member appointed by the
governor for misfeasance, nonfeasance, or malfeasance in office.

(C)
The director of development shall serve as the chairperson of the
council, and the director of environmental protection shall serve as
the vice-chairperson. The council annually shall select from among
its members a secretary to keep a record of its proceedings. A
majority vote of a quorum of the members of the council is necessary
to take action on any matter. The council may adopt bylaws governing
its operation, including bylaws that establish the frequency of
meetings, procedures for reviewing eligible projects under sections
122.65 to 122.658 of the Revised Code, policies and requirements
established under section 122.657 of the Revised Code, and other
necessary procedures.

(D)
Members of the clean Ohio council are public officials or officers
only for the purposes of section 9.86 and Chapters 102. and 2921. of
the Revised Code. Serving as a member of the clean Ohio council does
not constitute holding a public office or position of employment so
as to constitute grounds for removal of public officers or employees
serving as members of the council from their offices or positions of
employment. Members of the council shall file with the Ohio ethics
commission the disclosure statement described in division (A) of
section 102.02 of the Revised Code on the form prescribed by the
commission and be subject to divisions (C) and (D) of that section.
Members of the council shall serve without compensation for attending
council meetings, but shall receive their actual and necessary
traveling and other expenses incurred in the performance of their
official duties in accordance with the rules of the office of budget
and management.

(E)
Members appointed by the governor to represent the interests of
counties, municipal corporations, county land reutilization
corporations, and certified professionals do not have a conflict of
interest by virtue of their service in the position. For the purposes
of this division, "conflict of interest" means the taking
of any action as a member of the council that affects a public agency
the person serves as an officer or employee.

(F)
The department of development shall provide office space for the
council. The staff of the department of development and the
environmental protection agency shall assist the council in its
duties.

(G)
Sections 101.82 to 101.87 of the Revised Code do not apply to the
clean Ohio council.

Sec.
122.652.
(A)(1)
An applicant seeking a grant or loan for a brownfield cleanup or
remediation project from the clean Ohio revitalization fund created
in section 122.658 of the Revised Code shall request an application
form from the director of development. The applicant shall complete
the application and include all of the information required by
sections 122.65 to 122.659 of the Revised Code and policies and
requirements established under section 122.657 of the Revised Code.

(2)
In addition to the information that is required to be included in the
application under division (A)(1) of this section, an applicant shall
include an affidavit signed by the authorized representative of the
applicant and its development partner, if applicable, certifying that
the applicant did not cause or contribute to the release of hazardous
substances or petroleum at the brownfield that is the subject of the
application. No person shall submit a false affidavit under division
(A)(2) of this section.

(3)
After completion of the application, but prior to the submission of
the application to the director under division (B) of this section,
the applicant shall conduct a public meeting concerning the
application and the proposed cleanup or remediation. Not later than
forty-five days prior to conducting the public meeting, the applicant
shall do all of the following:

(a)
Provide notice of the date, time, and location of the public meeting
on the internet in a manner that is accessible to the public;

(b)
Post notice of the date, time, and location of the public meeting at
the property on a sign that measures not less than four feet by four
feet or, if the political subdivision in which the sign is to be
posted prohibits a sign of that size, the maximum size of sign
permitted by that political subdivision;

(c)
Provide an electronic copy of the application to a public library in
the vicinity of the property for public review.

The
submission of the application and the location of the public library
shall be included in the notices required under division (A)(3) of
this section. The general public may submit comments to the applicant
concerning the application prior to and at the public meeting.

(B)(1)
An applicant shall submit a completed application, all required
information, and an application summary to the director. Based on a
review of the application summaries submitted to the director, the
director shall prioritize all applications in accordance with
criteria and procedures established pursuant to section 122.657 of
the Revised Code. The director shall choose not more than six
applications annually for each of the districts created in section
164.03 of the Revised Code that the director determines merit funding
and shall forward those applications and all accompanying information
to the clean Ohio council. In prioritizing and choosing applications
under this division, the director may consult with local and regional
economic development agencies or resources, community development
agencies or organizations, local business organizations, and other
appropriate entities located or operating in the district in which
the proposed brownfield cleanup or remediation project is located.

(2)
Notwithstanding division (B)(1) of this section, if the director
receives only one application in any given year for a district
created in section 164.03 of the Revised Code, the director may
forward that application to the clean Ohio council as the district's
top priority project for that year.

Sec.
122.653.
(A)
Upon receipt of an application from the director of development, the
clean Ohio council shall examine the application and all accompanying
information to determine if the application is complete. If the
council determines that the application is not complete, the council
immediately shall notify the applicant that the application is not
complete, provide a description of the information that is missing
from the application, and return the application and all accompanying
information to the applicant. The applicant may resubmit the
application directly to the council within ten business days after
receipt of such notice.

(B)
The council shall approve or disapprove in writing applications
submitted to the council by the director for grants or loans from the
clean Ohio revitalization fund. The council shall not approve a
project that fails to comply with the requirements established in
sections 122.65 to 122.659 of the Revised Code and policies and
requirements established under section 122.657 of the Revised Code.
The council also shall not approve a project if the applicant or, if
applicable, the applicant's development partner caused or contributed
to the contamination at the property. In approving or disapproving
applications, the council shall use the selection process established
in policies and requirements established under section 122.657 of the
Revised Code.

(C)
If the council approves an application under this section, the
department of development shall enter into an agreement with the
applicant to award a grant or make a loan for the applicant's
brownfield cleanup or remediation project. The department shall not
disburse grant or loan funds before the agreement is executed. The
agreement shall contain, at minimum, all of the following:

(1)
The designation of a single officer or employee of the applicant who
will serve as project manager;

(2)
Procedures for the payment or disbursement of funds from the grant or
loan to the applicant;

(3)
A designation of the percentage of the estimated total cost of the
project for which the grant or loan will provide funding, which shall
not exceed seventy-five per cent of that cost as provided in section
122.658 of the Revised Code;

(4)
A description of the manner by which the applicant will provide the
remainder of the estimated total cost of the project, which shall
equal at least twenty-five per cent of that cost as provided in
section 122.658 of the Revised Code;

(5)
An assurance that the applicant will clean up or remediate the
brownfield to the applicable cleanup standards;

(6)
A provision for the reimbursement of grant moneys or immediate
repayment of the loan, as applicable, if the completed project does
not comply with the applicable cleanup standards;

(7)
Any other provisions that the department considers necessary in order
to ensure that the project's implementation will comply with the
requirements established in sections 122.65 to 122.659 of the Revised
Code.

(D)
A grant may be awarded or a loan may be made for a project under this
section to an applicant to pay the costs of cleanup or remediation of
a brownfield in order to comply with the applicable cleanup
standards.

Sec.
122.654.
(A)(1)
Except as otherwise provided in division (G) of this section, an
applicant who has entered into an agreement with the department of
development under section 122.653 of the Revised Code shall employ a
certified professional to determine if the brownfield cleanup or
remediation project complies with applicable cleanup standards. The
certified professional shall make this determination in accordance
with Chapter 3746. of the Revised Code and rules adopted under that
chapter. If the certified professional determines that the cleanup or
remediation complies with the applicable cleanup standards, the
certified professional shall prepare a no further action letter.

(2)
Upon completion of a no further action letter, the certified
professional shall send a copy of the letter to the applicant. The
letter shall be accompanied by both of the following:

(a)
A written request that the applicant notify the certified
professional as to whether the applicant wishes to submit the no
further action letter to the director of environmental protection;

(b)
A written notice informing the applicant that the original no further
action letter may be submitted to the director of environmental
protection only by a certified professional and that the person may
receive a covenant not to sue under Chapter 3746. of the Revised Code
and rules adopted under that chapter in connection with the cleanup
or remediation only if the no further action letter is submitted to
the director on the applicant's behalf by a certified professional.

(3)
The certified professional shall send a copy of the no further action
letter to the clean Ohio council and the director.

(4)
Promptly after receipt of the letter, request, and notice, the
applicant shall send written notice to the certified professional
informing the certified professional as to whether the applicant
wishes to submit the no further action letter to the director and
shall send a copy of the notice to the clean Ohio council. If the
applicant's notice indicates that the applicant wishes to have the no
further action letter submitted to the director, promptly after
receipt of the notice, the certified professional shall submit the
original no further action letter to the director by certified mail
on behalf of the applicant. In addition, the certified professional
shall send written notice to the clean Ohio council informing the
council that the original no further action letter has been submitted
to the director. If the applicant notifies the certified professional
that the applicant does not wish to submit the no further action
letter to the director, the certified professional shall send the
original no further action letter to the applicant promptly after
receiving the notice.

(B)
If the certified professional determines that the cleanup or
remediation does not comply with applicable cleanup standards, the
certified professional shall send to the applicant and the clean Ohio
council written notice of that fact and of the certified
professional's inability to issue a no further action letter for the
property.

(C)
If the director receives a copy of a no further action letter from a
certified professional, the director shall review the letter and
determine whether the cleanup or remediation complies with applicable
cleanup standards. The director shall prepare a written report of the
the director's determination and send a copy of the report to the
clean Ohio council.

(D)
If the director receives an original no further action letter from a
certified professional on behalf of an applicant, the director shall
issue or deny a covenant not to sue under Chapter 3746. of the
Revised Code and rules adopted under that chapter except as otherwise
specifically provided in sections 122.65 to 122.659 of the Revised
Code.

(E)(1)
A certified professional shall maintain all documents and data
prepared or acquired by the certified professional in connection with
the cleanup or remediation for not less than ten years after the date
of issuance of a no further action letter or after the notice
required under division (B) of this section has been sent, whichever
is applicable. The clean Ohio council and the director may request a
certified professional to provide the clean Ohio council and the
director with documents and data for purposes of sections 122.65 to
122.659 of the Revised Code.

(2)
No certified professional shall fail to comply with division (E)(1)
of this section or a request made under it.

(F)
The clean Ohio council and director may request an applicant to
provide the council or the director with documents and data for
purposes of sections 122.65 to 122.659 of the Revised Code. No
applicant shall fail to comply with a request made by the council or
the director under this division.

(G)
For purposes of sections 122.65 to 122.659 of the Revised Code,
Chapter 3746. of the Revised Code and rules adopted under that
chapter apply except as otherwise specifically provided under those
sections.

(H)
For cleanup or remediation of a brownfield that is subject to closure
or corrective action requirements established in rules adopted under
section 3734.12 of the Revised Code, an applicant who has entered
into an agreement with the department of development under section
122.653 of the Revised Code shall send to the director documentation
that demonstrates that the cleanup or remediation complies with the
applicable cleanup standards. The director shall review the
documentation and determine if the cleanup or remediation complies
with the applicable cleanup standards. For purposes of the cleanup or
remediation, the applicant also shall obtain any necessary review or
approval from the director. The director shall prepare a written
report of the director's determination and send a copy of the report
to the clean Ohio council.

Sec.
122.655.
(A)(1)
A no further action letter issued under section 122.654 of the
Revised Code, a covenant not to sue issued under Chapter 3746. of the
Revised Code and rules adopted under that chapter, if applicable, and
any restrictions on the use of the property that are needed in order
to comply with the applicable cleanup standards shall be filed by the
applicant in the office of the county recorder of the county in which
the property is located and shall be recorded in the same manner as
the deed to the property.

(2)
No applicant shall fail to comply with division (A) of this section.

(B)
Pursuant to Chapter 5309. of the Revised Code, a no further action
letter issued under section 122.654 of the Revised Code, a covenant
not to sue issued under Chapter 3746. of the Revised Code and rules
adopted under that chapter, if applicable, and any restrictions on
the use of the property, as described in division (A) of this
section, in connection with registered land, as defined in section
5309.01 of the Revised Code, shall be entered as a memorial on the
page of the register where the title of the owner is registered.

Sec.
122.657.
For
the purposes of sections 122.65 to 122.659 of the Revised Code, the
director of development shall establish policies and requirements
regarding all of the following:

(A)
The form and content of applications for grants or loans from the
clean Ohio revitalization fund under section 122.652 of the Revised
Code. The policies and requirements shall require that each
application include, at a minimum, all of the following:

(1)
The name, address, and telephone number of the applicant;

(2)
The legal description of the property for which the grant or loan is
requested;

(3)
A summary description of the hazardous substances or petroleum
present at the brownfield;

(4)
A detailed explanation of the proposed cleanup or remediation of the
brownfield, including an identification of the applicable cleanup
standards and a detailed description of the proposed use of the
brownfield after completion of the cleanup or remediation;

(5)
An estimate of the total cost to clean up or remediate the brownfield
in order to comply with the applicable cleanup standards. The total
cost shall include the cost of employing a certified professional
under section 122.654 of the Revised Code.

(6)
A detailed explanation of the portion of the estimated total cost of
the cleanup or remediation of the brownfield that the applicant
proposes to provide as required under sections 122.653 and 122.658 of
the Revised Code and financial records supporting the implementation
of the project;

(7)
A certified copy of a resolution or ordinance approving the project
that the applicant shall obtain from the board of township trustees
of the township or the legislative authority of the municipal
corporation in which the property is located, whichever is
applicable;

(8)
A description of the estimated economic benefit that will result from
a cleanup or remediation of the brownfield;

(9)
An application summary;

(10)
With respect to applications for loans, information demonstrating
that the applicant will implement a financial management plan that
includes, without limitation, provisions for the satisfactory
repayment of the loan;

(11)
Any other provisions that the director requires to be included in an
application.

(B)
Procedures for conducting public meetings and providing public notice
under division (A) of section 122.652 of the Revised Code;

(C)
A selection process that provides for the prioritization of
brownfield cleanup or remediation projects for which grant or loan
applications are submitted under section 122.652 of the Revised Code.
The policies and requirements shall require the selection process to
give priority to projects in which the post-cleanup or remediation
use will be for a combination of residential, commercial, or
industrial purposes, which may include the conversion of a portion of
a brownfield to a recreation, park, or natural area that is
integrated with the residential, commercial, or industrial use of the
brownfield after cleanup or remediation, or will incorporate projects
that are funded by grants awarded under sections 164.20 to 164.27 of
the Revised Code. The policies and requirements shall require the
selection process to incorporate and emphasize all of the following
factors:

(1)
The potential economic benefit that will result from the cleanup or
remediation of a brownfield;

(2)
The potential environmental improvement that will result from the
cleanup or remediation of a brownfield;

(3)
The amount and nature of the match provided by an applicant as
required under sections 122.653 and 122.658 of the Revised Code;

(4)
Funding priorities recommended by the director;

(5)
The potential benefit to low-income communities, including minority
communities, that will result from the cleanup or remediation of a
brownfield;

(6)
Any other factors that the director considers appropriate.

(D)
The development of a brownfield cleanup and remediation oversight
program to ensure compliance with sections 122.65 to 122.659 of the
Revised Code and policies and requirements established under this
section. The policies and requirements shall require the program to
include, at a minimum, both of the following:

(1)
Procedures for the accounting of invoices and receipts and any other
documents that are necessary to demonstrate that a cleanup or
remediation was properly performed;

(2)
Procedures that are necessary to provide a detailed explanation of
the status of the property five years after the completed cleanup or
remediation.

(E)
A delineation of what constitutes administrative costs for purposes
of division (D) of section 122.658 of the Revised Code;

(F)
Procedures and requirements for making loans and loan agreements that
include at least all of the following:

(1)
Not more than fifteen per cent of moneys annually allocated to the
clean Ohio revitalization fund shall be used for loans.

(2)
The loans shall be made at or below market rates of interest,
including, without limitation, interest-free loans.

(3)
The recipient of a loan shall identify a source of security and a
source of repayment of the loan.

(4)
The clean Ohio council may accept notes and other forms of obligation
to evidence indebtedness, accept mortgages, liens, pledges,
assignments, and other security interests to secure such
indebtedness, and take any actions that are considered by the council
to be appropriate to protect such security and safeguard against
losses, including, without limitation, foreclosure and bidding on the
purchase of property upon foreclosure or other sale.

(G)
Any other policies and requirements that the director determines are
necessary for the administration of sections 122.65 to 122.659 of the
Revised Code.

Sec.
122.658.
(A)(1)
The clean Ohio revitalization fund is created in the state treasury.
The fund shall consist of moneys credited to it pursuant to section
151.40 of the Revised Code. Moneys in the fund shall be used as
follows:

(a)
To pay reasonable costs incurred by the department of development and
the environmental protection agency in administering sections 122.65
to 122.659 of the Revised Code;

(b)
Ten per cent of the remaining moneys in the fund, after deducting the
amount described in division (A)(1)(a) of this section, or two
hundred thousand dollars per county, whichever is less, shall be
divided equally among the counties and used to pay the reasonable
costs of assessments;

(c)
All remaining moneys in the fund, after deducting the amounts
described in divisions (A)(1)(a) and (b) of this section, shall be
used to make grants or loans for projects that have been approved by
the clean Ohio council in accordance with section 122.653 of the
Revised Code.

(2)
All investment earnings of the fund shall be credited to the fund.
Investment earnings credited to the clean Ohio revitalization fund
may be used to pay costs incurred by the department of development
and the environmental protection agency pursuant to sections 122.65
to 122.659 of the Revised Code.

(3)
The department of development shall administer the clean Ohio
revitalization fund in accordance with this section, policies and
requirements established under section 122.657 of the Revised Code,
and the terms of agreements entered into by the council under section
122.653 of the Revised Code.

(B)(1)
Grants awarded and loans made under section 122.653 of the Revised
Code shall provide not more than eighty per cent of the estimated
total cost of a project. A grant or loan to any one project shall not
exceed six million dollars. An applicant shall provide at least
twenty per cent of the estimated total cost of a project. The
applicant's share may consist of one or a combination of any of the
following:

(a)
Payment of the cost of acquiring the property for the purposes of
sections 122.65 to 122.659 of the Revised Code;

(b)
Payment of the reasonable cost of an assessment at the property,
other than an assessment funded under division (A)(1)(b) of this
section;

(c)
Clearance of the property;

(d)
The reasonable value, as determined by the council, of labor and
materials that will be contributed by the applicant in performing the
cleanup or remediation;

(e)
Moneys received by the applicant in any form for use in performing
the cleanup or remediation;

(f)
Loans secured by the applicant for the purpose of the cleanup or
remediation of the brownfield.

(2)
Costs that were incurred more than two years prior to the submission
of an application for a grant or loan under section 122.653 of the
Revised Code, for the acquisition of property, assessments,
clearance, cleanup, demolition, and labor and materials shall not be
used as part of the applicant's matching share.

(C)
The department of development shall not make any payment to an
applicant from the clean Ohio revitalization fund to pay costs of the
applicant that were not included in an application for a grant or
loan under section 122.653 of the Revised Code or that exceed the
amount of the estimated total cost of the project included in the
application. If, upon completion of a project, the costs of the
project are less than the amounts included in the application, the
amounts included in the application less the amounts of the actual
costs of the project shall be credited to the clean Ohio
revitalization fund. The amounts credited shall be equivalent in
percentage to the percentage of the costs of the project that were to
be funded by the grant or loan from the fund.

(D)
Grants awarded or loans made under section 122.653 of the Revised
Code from the clean Ohio revitalization fund shall be used by an
applicant only to pay the costs of the actual cleanup or remediation
of a brownfield and shall not be used by an applicant to pay any
administrative costs incurred by the applicant. Costs related to the
use of a certified professional for purposes of section 122.654 of
the Revised Code are not administrative costs and may be paid with
moneys from grants awarded or loans made under section 122.653 of the
Revised Code.

(E)
Amounts received by the state after July 1, 2025, from JobsOhio
representing any part of the gross profit on the sale of spirituous
liquors shall be credited to the clean Ohio revitalization fund.

Sec.
122.659.
(A)
Nothing in sections 122.65 to 122.658 of the Revised Code, nor any
agreement entered into under those sections, shall be construed to
amend, modify, repeal, or otherwise alter any other provision of the
Revised Code relating to administrative, civil, or criminal
penalties, or enforcement actions and remedies available to the
environmental protection agency, or in any way amend, modify, repeal,
or alter the authority of that agency to bring administrative, civil,
or criminal actions under any provision of the Revised Code.

(B)
Nothing in sections 122.65 to 122.658 of the Revised Code shall
affect the ability or authority of any person that is undertaking or
has undertaken investigation or remediation activities at a
brownfield under those sections to seek cost recovery or contribution
from or any relief available against any person who may have
liability with respect to the brownfield.

(C)(1)
An applicant who has entered into an agreement under section 122.653
of the Revised Code is not liable in a civil action under the Revised
Code or the common law of the state for the costs of an assessment or
cleanup or remediation of hazardous substances or petroleum that is
present at or on the property at the time at which the agreement was
entered into, and is not subject to the issuance of an order by the
director of environmental protection under Chapter 3714., 3734.,
3750., 3751., 3752., 6109., or 6111. of the Revised Code regarding an
assessment or cleanup or remediation of hazardous substances or
petroleum that is present at or on the property at the time at which
the agreement was entered into, when all of the following conditions
apply:

(a)
No action or omission of the applicant caused, contributed to, or
exacerbated a release or threatened release of hazardous substances
or petroleum at or on the property.

(b)
The applicant conducts or causes to be conducted all assessments and
cleanup or remediation at or on the property in compliance with the
agreement and in accordance with all applicable laws.

(c)
The applicant conducts or causes to be conducted activities occurring
at the property, which are not related to assessments or cleanup or
remediation at or on the property, in compliance with any applicable
requirements established under Chapters 3714., 3734., 3737., 3750.,
3751., 3752., 3767., 6109., and 6111. of the Revised Code and rules
adopted under those chapters.

(2)
Division (C) of this section does not create, and shall not be
construed as creating, a new cause of action against or substantive
legal right for the applicant.

(3)
Division (C) of this section does not affect, and shall not be
construed as affecting, any immunities from civil liability or
defenses established by another section of the Revised Code or
available at common law to which an applicant may be entitled.

(4)
Nothing in division (C) of this section shall be construed as
affecting any obligations to comply with any environmental laws
established in the Revised Code or the common law of the state with
respect to any release of hazardous substances or petroleum after the
issuance of a covenant not to sue under Chapter 3746. of the Revised
Code or a determination made under division (G) of section 122.654 of
the Revised Code.

Sec.
151.40.
(A)
As used in this section:

(1)
"Bond proceedings" includes any trust agreements, and any
amendments or supplements to them, as authorized by this section.

(2)
"Costs of revitalization projects" includes related direct
administrative expenses and allocable portions of the direct costs of
those projects of the department of development or the environmental
protection agency.

(3)
"Issuing authority" means the treasurer of state.

(4)
"Obligations" means obligations as defined in section
151.01 of the Revised Code issued to pay the costs of projects for
revitalization purposes as referred to in division (A)(2) of Section
2o of Article VIII, Ohio Constitution and division (A)(2) of Section
2q of Article VIII, Ohio Constitution.

(5)
"Pledged liquor profits" means all receipts of the state
representing the gross profit on the sale of spirituous liquor, as
referred to in division (B)(4) of section 4301.10 of the Revised
Code, after paying all costs and expenses of the division of liquor
control and providing an adequate working capital reserve for the
division of liquor control as provided in that division,
and
after satisfying the obligations of the transfer agreement authorized
under Chapter 4313. of the Revised Code,
but
excluding the sum required by the second paragraph of section 4301.12
of the Revised Code, as it was in effect on May 2, 1980, to be paid
into the state treasury.

(6)
"Pledged receipts" means, as and to the extent provided in
bond proceedings:

(a)
Pledged liquor profits. The pledge of pledged liquor profits to
obligations is subject to the priority of the pledge of those profits
to obligations issued and to be issued pursuant to Chapter 166. of
the Revised Code.

(b)
Moneys accruing to the state from the lease, sale, or other
disposition or use of revitalization projects or from the repayment,
including any interest, of loans or advances made from net proceeds;

(c)
Accrued interest received from the sale of obligations;

(d)
Income from the investment of the special funds;

(e)
Any gifts, grants, donations, or pledges, and receipts therefrom,
available for the payment of debt service;

(f)
Additional or any other specific revenues or receipts lawfully
available to be pledged, and pledged, pursuant to further
authorization by the general assembly, to the payment of debt
service.

(B)(1)
The issuing authority shall issue obligations of the state to pay
costs of revitalization projects pursuant to division (B)(2) of
Section 2o of Article VIII, Ohio Constitution, division (B)(2) of
Section 2q of Article VIII, Ohio Constitution, section 151.01 of the
Revised Code as applicable to this section, and this section. Not
more than four hundred million dollars principal amount of
obligations issued under this section for revitalization purposes may
be outstanding at any one time. Not more than fifty million dollars
principal amount of obligations, plus the principal amount of
obligations that in any prior fiscal year could have been, but were
not issued within the fifty-million-dollar fiscal year limit, may be
issued in any fiscal year.

(2)
The provisions and authorizations in section 151.01 of the Revised
Code apply to the obligations and the bond proceedings except as
otherwise provided or provided for in those obligations and bond
proceedings.

(C)
Net proceeds of obligations shall be deposited
as
follows:

(1)
Before July 1, 2025,
in
the general revenue fund
;

(2)
On and after July 1, 2025, eighty per cent in the clean Ohio
revitalization fund created in section 122.658 of the Revised Code,
and twenty per cent in the general revenue fund
.

(D)
There is hereby created the revitalization projects bond service
fund, which shall be in the custody of the treasurer of state, but
shall be separate and apart from and not a part of the state
treasury. All money received by the state and required by the bond
proceedings, consistent with section 151.01 of the Revised Code and
this section, to be deposited, transferred, or credited to the bond
service fund, and all other money transferred or allocated to or
received for the purposes of that fund, shall be deposited and
credited to the bond service fund, subject to any applicable
provisions of the bond proceedings, but without necessity for any act
of appropriation. During the period beginning with the date of the
first issuance of obligations and continuing during the time that any
obligations are outstanding in accordance with their terms, so long
as moneys in the bond service fund are insufficient to pay debt
service when due on those obligations payable from that fund, except
the principal amounts of bond anticipation notes payable from the
proceeds of renewal notes or bonds anticipated, and due in the
particular fiscal year, a sufficient amount of pledged receipts is
committed and, without necessity for further act of appropriation,
shall be paid to the bond service fund for the purpose of paying that
debt service when due.

(E)
The issuing authority may pledge all, or such portion as the issuing
authority determines, of the pledged receipts to the payment of the
debt service charges on obligations issued under this section, and
for the establishment and maintenance of any reserves, as provided in
the bond proceedings, and make other provisions in the bond
proceedings with respect to pledged receipts as authorized by this
section, which provisions are controlling notwithstanding any other
provisions of law pertaining to them.

(F)
The issuing authority may covenant in the bond proceedings, and such
covenants shall be controlling notwithstanding any other provision of
law, that the state and applicable officers and state agencies,
including the general assembly, so long as any obligations issued
under this section are outstanding, shall maintain statutory
authority for and cause to be charged and collected wholesale or
retail prices for spirituous liquor sold by the state or its agents
so that the available pledged receipts are sufficient in time and
amount to meet debt service payable from pledged liquor profits and
for the establishment and maintenance of any reserves and other
requirements provided for in the bond proceedings.

(G)
Obligations may be further secured, as determined by the issuing
authority, by a trust agreement between the state and a corporate
trustee, which may be any trust company or bank having a place of
business within the state. Any trust agreement may contain the
resolution or order authorizing the issuance of the obligations, any
provisions that may be contained in any bond proceedings, and other
provisions that are customary or appropriate in an agreement of that
type, including, but not limited to:

(1)
Maintenance of each pledge, trust agreement, or other instrument
comprising part of the bond proceedings until the state has fully
paid or provided for the payment of debt service on the obligations
secured by it;

(2)
In the event of default in any payments required to be made by the
bond proceedings, enforcement of those payments or agreements by
mandamus, the appointment of a receiver, suit in equity, action at
law, or any combination of them;

(3)
The rights and remedies of the holders or owners of obligations and
of the trustee and provisions for protecting and enforcing them,
including limitations on rights of individual holders and owners.

(H)
The obligations shall not be general obligations of the state and the
full faith and credit, revenue, and taxing power of the state shall
not be pledged to the payment of debt service on them. The holders or
owners of the obligations shall have no right to have any moneys
obligated or pledged for the payment of debt service except as
provided in this section and in the applicable bond proceedings. The
rights of the holders and owners to payment of debt service are
limited to all or that portion of the pledged receipts, and those
special funds, pledged to the payment of debt service pursuant to the
bond proceedings in accordance with this section, and each obligation
shall bear on its face a statement to that effect.

Section
2.
That
existing section 151.40 of the Revised Code is hereby repealed.