reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 1 | State Government › Chapter 184 | Third Frontier Commission › Section 184.173 | Outreach Activities and Edge Program.

Effective:
September 30, 2021
Latest Legislation:
House Bill 110 - 134th General Assembly
The third frontier commission shall conduct the outreach activities described in sections 184.171 and 184.172 of the Revised Code in conjunction with the EDGE program created under section 122.922 of the Revised Code.
Last updated August 5, 2021 at 1:57 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 184 | Third Frontier Commission › Section 184.174 | Annual Report of Third Frontier Commission.

Effective:
June 12, 2008
Latest Legislation:
House Bill 554 - 127th General Assembly
The third frontier commission shall publish an annual report that includes all of the following:
(A) Details of grants, loans, and loan guarantees awarded or provided under the bioproduct development program established in section 184.25 of the Revised Code and the biomedical development program established in section 184.26 of the Revised Code.
(B) The status of the recipients' projects funded in previous years.
(C) The amount of grants or loans awarded and loan guarantees provided for projects in economically distressed areas, and if possible to ascertain, the impact of the grants, loans, and loan guarantees to those areas.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 184 | Third Frontier Commission › Section 184.18 | Outreach Activities to Rural Areas.

Effective:
January 4, 2006
Latest Legislation:
Senate Bill 236 - 126th General Assembly
(A) As used in this section:
(1) "Metropolitan statistical area" means an area of this state that is designated a metropolitan statistical area or primary metropolitan statistical area in United States office of management and budget bulletin No. 04-03, February 18, 2004, and its attachments, and the designated area is located entirely within this state. An area of this state that is designated a metropolitan statistical area or primary metropolitan statistical area, but the designated area includes areas of one or more other states, shall be considered a metropolitan statistical area only if that area of this state could be designated a metropolitan statistical area or primary metropolitan statistical area without including the areas located in the other state or states.
(2) "Rural area" means any area of this state not located within a metropolitan statistical area.
(B) The third frontier commission shall conduct outreach activities that seek to include rural areas in the various projects and initiatives sponsored, funded, encouraged, or otherwise promoted by the commission. Those activities shall include the following:
(1) Working with all institutions of higher education in the state to support faculty and students involved in science and engineering who focus on third frontier projects and initiatives in rural areas;
(2) Developing a plan to contact by telephone businesses and entrepreneurs in rural areas to notify them of and encourage them to participate in the various third frontier projects and initiatives;
(3) Identifying professional and technical trade associations and economic development assistance organizations in rural areas and notifying them of the various third frontier projects and initiatives;
(4) Partnering with regional technology councils to foster local efforts to support technology businesses in rural areas or otherwise identify networks of technology businesses, entrepreneurs, and individuals operating in rural areas;
(5) Identifying technology firms in rural areas and marketing them to the investment community including the Ohio venture capital authority created under section 150.02 of the Revised Code and the managers of all investment funds receiving third frontier project support.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 184 | Third Frontier Commission › Section 184.19 | Third Frontier Research and Development Fund.

Effective:
January 4, 2006
Latest Legislation:
Senate Bill 236 - 126th General Assembly
The third frontier research and development fund is hereby created in the state treasury. The fund shall consist of the net proceeds of the obligations issued and sold by the issuing authority pursuant to sections 151.01 and 151.10 of the Revised Code. Investment earnings of the fund shall be credited to the fund. Moneys in the fund shall be used in accordance with sections 184.10 to 184.18 and 184.20 of the Revised Code and for associated administrative expenses.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 184 | Third Frontier Commission › Section 184.191 | Third Frontier Research and Development Taxable Bond Fund.

Effective:
March 29, 2007
Latest Legislation:
House Bill 699 - 126th General Assembly
The third frontier research and development taxable bond fund is hereby created in the state treasury. The fund shall consist of the net proceeds of federally taxable obligations issued and sold by the issuing authority pursuant to sections 151.01 and 151.10 of the Revised Code. Investment earnings of the fund shall be credited to the fund. Moneys in the fund shall be used in accordance with sections 184.10 to 184.18 and 184.20 of the Revised Code and for associated administrative expenses.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 184 | Third Frontier Commission › Section 184.20 | Conflict of Interest - Forfeiture - Repayment.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
A member of the third frontier commission shall not receive support under section 184.11 of the Revised Code.
A member who violates this section shall forfeit the support received and shall pay the amount forfeited to the third frontier commission.
Last updated September 11, 2023 at 10:11 AM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 184 | Third Frontier Commission › Section 184.37 | Establishing Competitive Processes for Awarding Loans and Grants.

Effective:
June 12, 2008
Latest Legislation:
House Bill 554 - 127th General Assembly
The third frontier commission, in consultation with the third frontier economic stimulus advisory board, shall establish competitive processes for the purpose of awarding all of the following:
(A) Loans, loan guarantees, and grants under the Ohio bioproducts development program pursuant to section 184.25 of the Revised Code;
(B) Loans, loan guarantees, and grants under the Ohio biomedical development program pursuant to section 184.26 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 187 | Jobsohio Corporation › Section 187.02 | Board of Directors; Qualifications.

Effective:
June 30, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) To qualify for appointment to the board of directors of JobsOhio, an individual must satisfy all of the following:
(1) Has an understanding of generally accepted accounting principles and financial statements;
(2) Possesses the ability to assess the general application of such principles in connection with the accounting for estimates, accruals, and reserves;
(3) Has experience preparing, auditing, analyzing, or evaluating financial statements that present a breadth and level of complexity of accounting issues that are generally comparable to the breadth and complexity of issues that can reasonably be expected to be presented by the JobsOhio corporation's financial statements, or experience actively supervising one or more persons engaged in such activities;
(4) Has an understanding of internal controls and the procedures for financial reporting;
(5) Has an understanding of audit committee functions.
(B) Specific experience demonstrating the qualifications required by division (A) of this section may be evidenced by any of the following:
(1) Education and experience as a principal financial officer, principal accounting officer, controller, public accountant or auditor, or experience in one or more positions that involve the performance of similar functions;
(2) Experience actively supervising a principal financial officer, principal accounting officer, controller, public accountant, auditor, or person performing similar functions;
(3) Experience overseeing or assessing the performance of companies or public accountants with respect to the preparation, auditing, or evaluation of financial statements.
(C) Each individual appointed to the board of directors shall be a citizen of the United States. At least six of the individuals appointed to the board shall be residents of or domiciled in this state.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 187 | Jobsohio Corporation › Section 187.05 | Evaluation by Director; Report.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
The director of development services, as soon as practical after February 18, 2011, shall, in consultation with the governor, evaluate all powers, functions, and duties of the development services agency. Within six months after February 18, 2011, the director shall submit a report to the general assembly recommending statutory changes necessary to improve the functioning and efficiency of the agency and to transfer specified powers, functions, and duties of the agency to other existing agencies of the state or to JobsOhio, or eliminate specified powers, functions, or duties. The recommendations shall be submitted in writing to the speaker and minority leader of the house of representatives and the president and minority leader of the senate.
After submitting the report, the director, in consultation with the governor, shall continue to evaluate the agency and make additional recommendations on such matters to the general assembly.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 187 | Jobsohio Corporation › Section 187.061 | Ethics Training for Jobsohio Officers and Employees.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
(A) Each officer and employee of JobsOhio shall do all of the following:
(1) Sign an ethical conduct statement prescribed by the board of directors of JobsOhio;
(2) Complete an annual course or program of study on ethics. The course or program of study shall be reviewed and approved by the board of directors.
(3) Comply with the gift policy prescribed by the board of directors.
(B) Prior to the renewal of the contract between the director of development services and JobsOhio as described in section 187.04 of the Revised Code, the board of directors shall submit to the controlling board a comprehensive review of the ethics policies and procedures that have been adopted by JobsOhio.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 187 | Jobsohio Corporation › Section 187.07 | Funds Kept Separate.

Effective:
February 18, 2011
Latest Legislation:
House Bill 1 - 129th General Assembly
At no time shall any public money coming into the possession of JobsOhio be commingled with other money of the corporation, and any funds or accounts of the corporation that hold public money shall be maintained and accounted for separately and independently from any other funds or accounts of the corporation.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 187 | Jobsohio Corporation › Section 187.08 | Disposition of Funds Received; Liability.

Effective:
February 18, 2011
Latest Legislation:
House Bill 1 - 129th General Assembly
If an officer or employee of JobsOhio receives more than one thousand dollars of public money in the person's capacity as such an officer or employee, the person, on the business day next following the day of receipt, shall deposit the money into the fund or account into which the money is required to be deposited by law or the regulations of the corporation. If the amount of public money received does not exceed one thousand dollars, the person shall deposit the money on the business day next following the day of receipt unless the board of directors of JobsOhio adopts a policy permitting a different time period, not to exceed three business days next following the day of receipt, for making such deposits, and the person is able to safeguard the moneys until the money is deposited. The policy shall include provisions and procedures to safeguard public money until it is deposited.
Any officer or employee of JobsOhio who has custody or control of public money received or held by the corporation pursuant to the contract authorized under section 187.04 of the Revised Code or because of the assumption of powers, functions, or duties transferred to the corporation pursuant to the recommendations under section 187.05 of the Revised Code is liable for the public money to the same extent as a public official is liable for public money under section 9.39 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 187 | Jobsohio Corporation › Section 187.09 | Venue and Jurisdiction for Actions Brought by or on Behalf of Corporation; Constitutional Challenges.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) Any action brought by or on behalf of JobsOhio against a director or former director in that individual's capacity as a director shall be brought in the court of common pleas of Franklin county.
(B) Except as provided in division (D) of this section, any claim asserting that any one or more sections of the Revised Code amended or enacted by H.B. 1 of the 129th general assembly, any section of Chapter 4313. of the Revised Code enacted by H.B. 153 of the 129th general assembly, or any portion of one or more of those sections, violates any provision of the Ohio Constitution shall be brought in the court of common pleas of Franklin county within ninety days after the effective date of the amendment of this section by H.B. 153 of the 129th general assembly.
(C) Except as provided in division (D) of this section, any claim asserting that any action taken by JobsOhio violates any provision of the Ohio Constitution shall be brought in the court of common pleas of Franklin county within sixty days after the action is taken.
(D) Divisions (B) and (C) of this section shall not apply to any claim within the original jurisdiction of the supreme court or a court of appeals pursuant to Article IV of the Ohio Constitution.
(E) The court of common pleas of Franklin county shall give any claim filed pursuant to division (B) or (C) of this section priority over all other civil cases before the court, irrespective of position on the court's calendar, and shall make a determination on the claim expeditiously. A court of appeals shall give any appeal from a final order issued in a case brought pursuant to division (B) or (C) of this section priority over all other civil cases before the court, irrespective of position on the court's calendar, and shall make a determination on the appeal expeditiously.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 187 | Jobsohio Corporation › Section 187.10 | Bribery.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) No person, with purpose to corrupt a director, officer, or employee of JobsOhio, shall promise, offer, or give any valuable thing or valuable benefit.
(B) No person who is a director, officer, or employee of JobsOhio, either before or after being appointed, qualified, or employed in that capacity, shall knowingly solicit or accept for self or another person any valuable thing or valuable benefit to corrupt or improperly influence the person or another director, officer, or employee of JobsOhio with respect to the discharge of the person's or the other director's, officer's, or employee's duty.
(C) Whoever violates division (A) or (B) of this section is guilty of the offense of bribery, as set forth in section 2921.02 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 187 | Jobsohio Corporation › Section 187.11 | Indemnification; Insurance.

Effective:
February 18, 2011
Latest Legislation:
House Bill 1 - 129th General Assembly
JobsOhio may indemnify, to the fullest extent permitted by law, its board of directors, board members, and officers and employees from liability incurred in the performance of duties or functions of JobsOhio. For purposes of this section, JobsOhio may procure policies of insurance for civil liability.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 187 | Jobsohio Corporation › Section 187.12 | Campaign Contributions Prohibited.

Effective:
February 18, 2011
Latest Legislation:
House Bill 1 - 129th General Assembly
(A) JobsOhio shall not make a contribution to any campaign committee, political party, legislative campaign fund, political action committee, or political contributing entity for any purpose whatsoever.
(B) As used in this section, "contribution," "campaign committee," "political party," "legislative campaign fund," "political action committee," and "political contributing entity" have the same meanings as in section 3517.01 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 187 | Jobsohio Corporation › Section 187.13 | Use of Name.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) No person, except the nonprofit corporation formed under section 187.01 of the Revised Code or its designees, may use the name "JobsOhio" or "Jobs Ohio," or words of a similar meaning in another language, as any part of a designation or name under which the person conducts or may conduct business in this state, unless the person receives the written consent of JobsOhio. As used in this section, "person" has the same meaning as in section 1702.01 of the Revised Code.
(B) The name of any subsidiary of JobsOhio shall include the name "JobsOhio" and an additional designation that differentiates the subsidiary from other JobsOhio corporations formed under section 187.01 of the Revised Code.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.01 | Definitions.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
As used in sections 188.01 to 188.23 of the Revised Code:
(A) "Broadband service" means any wholesale or retail service that consists of, or includes the provision of, connectivity to a high-speed, high-capacity transmission medium that can carry signals from or to multiple sources and that either provides access to the internet or provides computer processing, information storage, information content or protocol conversion, including any service applications or information service provided over such high-speed access service. "Broadband service" includes video service, voice over internet protocol service, and internet protocol-enabled services.
(B) "Electric cooperative" has the same meaning as in section 4928.01 of the Revised Code.
(C) "Internet protocol-enabled services" and "voice over internet protocol service" have the same meanings as in section 4927.01 of the Revised Code.
(D) "Servient estate" means the land burdened by an easement.
(E) "Video programming" means any programming generally considered comparable to programming provided by a television broadcast station.
(F) "Video service" means video programming services without regard to delivery technology, including internet protocol technology and video programming provided as a part of a service that enables users to access content, information, electronic mail, or other services offered over the public internet.
Last updated June 9, 2021 at 12:57 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.02 | Electric Cooperative Easement Use for Broadband Service.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
An easement granted to an electric cooperative for purposes of transmitting, delivering, or otherwise providing electric power may be used, apportioned, or subleased to provide broadband service and such use, apportionment, or sublease shall not be considered an additional burden on the servient estate.
Last updated June 9, 2021 at 12:57 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.05 | Servient Estate Damage Award Limitations.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) If the owner of the servient estate of an easement described in section 188.02 of the Revised Code brings an action regarding the use, apportionment, or sublease of the easement for broadband service, the court may award damages to the owner equal to not more than the difference between the following:
(1) The fair market value of the owner's interest in the property of the estate immediately before the provision of broadband service;
(2) The fair market value of the owner's interest in the property of the estate immediately after the provision of broadband service.
(B) Any damages awarded under division (A) of this section shall be a fixed amount that shall not continue, accumulate, or accrue.
(C) The values described in division (A) of this section shall be established by the testimony of a qualified real estate appraiser.
Last updated June 9, 2021 at 12:58 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.08 | Equitable Relief Not Available.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
The court may not grant injunctive relief or any other equitable relief for an action described in section 188.05 of the Revised Code.
Last updated June 9, 2021 at 12:58 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.11 | Servient Estate Damage Action Limitations.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Actions described in section 188.05 of the Revised Code shall be brought within one year of any alleged damage described in that section. Any action not brought within one year will result in forfeiture of that claim.
Last updated June 9, 2021 at 12:58 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.14 | Revenues and Profits Not Admissible.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Past, current, or future revenues or profits derived or to be derived from the use, apportionment, or sublease of an easement for broadband service are not admissible for any purpose in an action described in section 188.05 of the Revised Code.
Last updated June 9, 2021 at 12:59 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.17 | Court Determination for Allowable Use.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Any court determination regarding an easement subject to an action described in section 188.05 of the Revised Code shall be considered a finding that the provision of broadband service is an allowable use or purpose under the easement as if the use or purpose was specifically stated in the terms of the easement.
Last updated June 9, 2021 at 12:59 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.20 | Court Determination Filed With County Recorder.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
A court determination described in section 188.17 of the Revised Code shall be filed by the defendant in the action with the county recorder of the county in which the servient estate subject to the determination is located. The recorder shall make a notation in the official record that links the determination to the servient estate and the easement subject to the determination.
Last updated June 9, 2021 at 1:00 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.23 | Servient Estate Damage Action Prohibited.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
The owner of a servient estate of an easement described in section 188.02 of the Revised Code may not bring an action described in section 188.05 of the Revised Code if any of the following apply:
(A) The owner, either directly or through the owner's membership in the electric cooperative or otherwise, authorized the electric cooperative's electric delivery system for the provision of broadband services.
(B) The owner, or any of the previous owners of the property that makes up the servient estate, has agreed to, or granted permission for, the use of the easement to provide broadband service.
(C) The facilities providing broadband service are used or are capable of being used to assist in the transmission, delivery, or use of electric service.
Last updated June 9, 2021 at 1:00 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.27 | No Expansion of Governmental Authority.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Sections 188.01 to 188.23 of the Revised Code shall not be construed as expanding the authority of the state, its agencies, or political subdivisions beyond the authority existing under federal law or the laws of this state.
Last updated June 9, 2021 at 1:04 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 188 | Electric Cooperative Easement Use for Broadband › Section 188.30 | Law Governing Appropriation of Real Property Does Not Apply.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Sections 163.01 to 163.22 of the Revised Code do not apply regarding the application of sections 188.01 to 188.23 of the Revised Code.
Last updated June 9, 2021 at 1:01 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 189 | Local Government Innovation Program › Section 189.05 | Local Government Innovation Fund.

Effective:
February 20, 2018
Latest Legislation:
House Bill 31 - 132nd General Assembly
The local government innovation fund is hereby created in the state treasury. The fund shall consist of moneys appropriated to it, repayments of principal and interest on loans made from the fund, and any grants or donations received from nonpublic entities. Interest earned on the money in the fund shall be credited to the fund.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.01 | Definitions.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
As used in sections 191.01 to 191.45 of the Revised Code:
(A) "Affiliate" means a person or entity under common ownership or control with, or a participant in a joint venture, partnership, consortium, or similar business arrangement with, another person or entity pertaining to the provision of broadband service.
(B) "Broadband expansion program authority" means the entity created under section 122.403 of the Revised Code.
(C) "Broadband infrastructure" means facilities that are used, in whole or in part, to provide qualifying broadband service access to residences and businesses.
(D) "Mid-span pole installation" means the installation of, and attachment of broadband infrastructure to, a new utility pole that is installed between or adjacent to one or more existing utility poles or replaced utility poles to which poles broadband infrastructure is attached.
(E) "Pole owner" means any person or entity that owns or controls a utility pole.
(F) "Pole replacement" means the removal of an existing utility pole and replacement of that pole with a new utility pole to which a provider attaches broadband infrastructure.
(G) "Provider" means an entity, including a pole owner or affiliate, that provides qualifying broadband service.
(H) "Qualifying broadband service" means a retail wireline broadband service that is capable of delivering symmetrical internet access at download and upload speeds of at least one hundred megabits per second with a latency level sufficient to permit real-time, interactive applications.
(I) "Undergrounding" means the placement of broadband infrastructure underground, including by directly burying the infrastructure or through the underground placement of new ducts or conduits and installation of the infrastructure in them.
(J) "Unserved area" means an area in the state that is without access to fixed, terrestrial broadband service capable of delivering internet access at download speeds of at least twenty-five megabits per second and upload speeds of at least three megabits per second.
(K) "Utility pole" means any pole used, in whole or in part, for any wired communications or electric distribution, irrespective of who owns or operates such pole.
Last updated August 29, 2023 at 4:21 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.02 | Ohio Broadband Pole Replacement and Undergrounding Program.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
There is hereby established the Ohio broadband pole replacement and undergrounding program within the department of development to advance the provision of qualifying broadband service access to residences and businesses in an unserved area by reimbursing certain costs of pole replacements, mid-span pole installations, and undergrounding.
The department shall administer and provide staff assistance for the program. The department shall be responsible for receiving and reviewing program applications and for sending completed applications to the broadband expansion program authority for final review and award of program reimbursements.
Last updated August 29, 2023 at 4:22 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.03 | Reimbursement Award Process.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of development shall establish an administrative process to award program reimbursements under the Ohio broadband pole replacement and undergrounding program according to the provisions of sections 191.03 to 191.45 of the Revised Code.
(B) The broadband expansion program authority shall award program reimbursements after reviewing program applications and determining whether the applications meet the program's requirements for reimbursement.
Last updated August 29, 2023 at 4:35 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.05 | Determining Unserved Area for Purpose of Application.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
For the purposes of an application under the Ohio broadband pole replacement and undergrounding program, an area of the state shall be considered to be an unserved area, if one of the following applies:
(A) Under a program to deploy broadband service to unserved areas, a governmental entity has awarded a broadband grant for the area after determining the area to be an eligible unserved area under that program.
(B) The area has not been awarded any broadband grant funding, and the most recent mapping information published by the federal communications commission indicates that the area is an unserved area.
Last updated August 29, 2023 at 4:22 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.07 | Limitation on Reimbursement Awards.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The broadband expansion program authority shall not award program reimbursements to an applicant under the Ohio broadband pole replacement and undergrounding program, if any of the following apply:
(1) The broadband infrastructure deployed is used only for the provision of wholesale broadband service and is not used by the applicant to provide qualifying broadband service directly to residences or businesses.
(2) A provider, other than the applicant, is meeting the terms of a legally binding commitment to a governmental entity to deploy qualifying broadband service in the unserved area.
(3) For program reimbursements that are funded by federal funds deposited in the pole replacement fund, the applicant fails to commit to compliance with any conditions required by the federal government in connection with the funds.
(B) The authority shall not award program reimbursements that are federally funded, if the reimbursements are inconsistent with federal requirements.
Last updated August 29, 2023 at 4:24 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.10 | Conditions for Submitting Application for Reimbursement.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
In accordance with sections 191.10 to 191.45 of the Revised Code, a provider may submit an application for a program reimbursement under the Ohio broadband pole replacement and undergrounding program, if the provider has deployed qualifying broadband infrastructure in an unserved area and has paid any of the following costs in connection with the deployment of such broadband infrastructure:
(A) Pole replacement costs;
(B) Mid-span pole installation costs;
(C) Undergrounding costs.
The application shall be submitted on a form prescribed by the department of development.
Last updated August 29, 2023 at 4:25 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.13 | Application Form and Requirements.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Not later than sixty days after the pole replacement fund created in section 191.27 of the Revised Code receives funds for the purpose of providing program reimbursements under the Ohio broadband pole replacement and undergrounding program, the department of development shall develop and publish an application form for the program and post the form on the department web site.
(B) An application shall include the following information:
(1) The number, cost, and locations of pole replacements, mid-span pole installations, and undergrounding for which reimbursement is requested;
(2) Documentation sufficient to establish that the pole replacements, mid-span pole installations, and undergrounding described in the application have been completed;
(3) Documentation sufficient to establish how the costs for which reimbursement is requested comport with the reimbursement requirements under the program;
(4) The reimbursement amount requested under the program;
(5) Documentation of any broadband grant funding awarded or received for the area described in the application;
(6) Accounting information that is sufficient to demonstrate that costs for which a program reimbursement is requested are eligible for a program reimbursement pursuant to division (C) of section 191.21 of the Revised Code, if the applicant has received any grant funding described in division (B)(5) of this section;
(7) A notarized statement, from an officer or agent of the applicant, that the contents of the application are true and accurate and that the applicant accepts the requirements of the program as a condition of receiving a program reimbursement;
(8) Any information necessary to demonstrate the applicant's compliance, and agreement to comply, with any conditions associated with the reimbursement awarded to the applicant;
(9) Any other information the department considers necessary for final review and for the award and payment of program reimbursements.
(C) If any federal funds are used for any awards under the program, the application form shall identify and describe any additional federal conditions required in connection with the use of the federal funds.
Last updated August 29, 2023 at 4:26 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.15 | Applicant Agreement Before Receiving Reimbursement.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Before receiving a program reimbursement under the Ohio broadband pole replacement and undergrounding program, each applicant shall agree to do the following:
(1) Not later than ninety days after receipt of a program reimbursement, activate qualifying broadband service to end users utilizing the broadband infrastructure for which the applicant has received reimbursement for pole replacement, mid-span pole installation, or undergrounding costs;
(2) Certify the application's compliance with the requirements of sections 191.10 to 191.24 of the Revised Code;
(3) Comply with any federal requirements associated with the funding used by the broadband expansion program authority in connection with the award;
(4) Refund all or any portion of reimbursements received under the program as specified in section 191.30 of the Revised Code, if pursuant to that section the applicant is found to have materially violated any of the requirements of sections 191.10 to 191.24 of the Revised Code.
(B) For an application regarding a pole replacement or mid-span pole installation, the applicant shall do the following if the applicant is the pole owner, or affiliate of the pole owner:
(1) Comply with division (A) of this section;
(2) Commit that the pole owner will comply with all applicable pole attachment regulations and requirements imposed by the state or federal government;
(3) Commit that the pole owner will exclude from its costs used to calculate its rates or charges for access to its utility poles for which the applicant has been reimbursed as follows:
(a) Under the Ohio broadband pole replacement and undergrounding program or any other broadband grant program;
(b) By a provider, for make-ready charges;
(4)(a) Commit that the pole owner will maintain and make available, upon reasonable request, to the department of development or to a party subject to the rates and charges described in division (B)(3) of this section, accounting documentation sufficient to demonstrate compliance with division (B)(3) of this section;
(b) Division (B)(4)(a) of this section does not apply to an electric distribution utility as defined in section 4928.01 of the Revised Code, unless the electric distribution utility is the applicant.
Last updated August 29, 2023 at 4:36 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.17 | Award of Reimbursement.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) Not later than sixty days after receiving an application forwarded by the department of development, the broadband expansion program authority shall award program reimbursements to the applicant for costs described in divisions (A) and (B) of section 191.21 of the Revised Code after reviewing the application, and establishing the applicant's eligibility for reimbursement under the Ohio broadband pole replacement and undergrounding program. Except as provided in division (B) of this section, program reimbursements shall be in an amount equal to the lesser of seven thousand five hundred dollars or seventy-five per cent of the total amount paid by the applicant for each pole replacement or mid-span pole installation.
(B) For undergrounding costs described under division (B) of section 191.21 of the Revised Code, the authority shall approve program reimbursements as provided in division (A) of this section, except that the reimbursements may not exceed the reimbursement amount that would be available under division (A) of this section, if the applicant had attached broadband infrastructure to utility poles instead of undergrounding that infrastructure.
Last updated August 29, 2023 at 4:27 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.19 | Reimbursement Issued by Department of Development.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of development, at the direction of the broadband expansion program authority, shall issue program reimbursements awarded for applications approved under the Ohio broadband pole replacement and undergrounding program. The reimbursements shall be made using money available for this purpose in the broadband pole replacement fund created in section 191.27 of the Revised Code. The authority shall award, and the department shall fund, reimbursements until funds available for that purpose are no longer available.
(B) If, upon the exhaustion of the fund, there are any applications pending, the applications shall be denied. Applications that have been denied pursuant to this division may be resubmitted to the department, and, if sufficient money is later deposited in the fund, reimbursements may be awarded according to the application and award process under sections 191.10 to 191.24 of the Revised Code.
Last updated August 29, 2023 at 4:28 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.21 | Costs Eligible for Reimbursement; Records of Costs Reimbursed by Other Grants.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
If the broadband expansion program authority approves an application under the Ohio broadband pole replacement and undergrounding program, the following costs are eligible for reimbursement under the program:
(A) Actual and reasonable costs to perform a pole replacement or mid-span pole installation, including the amount of any expenditures to remove and dispose of an existing utility pole, purchase and install a replacement utility pole, and transfer any existing facilities to the new pole;
(B) Actual and reasonable undergrounding costs, including the costs to dig a trench, perform directional boring, install conduit, and seal the trench, if the undergrounding is either of the following:
(1) Required by law, regulation, or local ordinance;
(2) More economical than the cost of performing a pole replacement.
(C)(1) Costs of deploying qualifying broadband service for which the applicant is entitled to obtain full reimbursement from another governmental entity are not eligible for reimbursement under the program, except as provided in division (C)(2) of this section.
(2) If an applicant's costs for deploying such service are reimbursed in part by a governmental entity, the applicant may apply for and obtain reimbursement under the program for the portion of the eligible costs for which the applicant was not reimbursed.
(D) For applicants that obtain broadband grant funding from sources other than reimbursements under the program, the authority may require the applicants to maintain accounting records sufficient to demonstrate that the other grant funds do not fully reimburse the same costs as those reimbursed under the program.
Last updated August 29, 2023 at 4:28 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.24 | Reimbursement to Pole Owners for Administrative Expenses.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
A pole owner that provides information and documentation to a provider to enable the provider to submit an application to the Ohio broadband pole replacement and undergrounding program may require the provider to reimburse the owner for the owner's actual and reasonable administrative expenses, the total of which shall not exceed five per cent of the pole replacement or mid-span pole installation costs. Such costs are not eligible for reimbursement under the program.
Last updated August 29, 2023 at 4:29 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.27 | Broadband Pole Replacement Fund.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
There is hereby created in the state treasury the broadband pole replacement fund consisting of money credited or transferred to the fund, money appropriated by the general assembly, including from available federal funds, or money authorized for expenditure by the state controlling board under section 131.35 of the Revised Code from available federal funds, and grants, gifts, and contributions made directly to the fund. Money in the fund shall be used by the department of development to provide reimbursements awarded under the Ohio broadband pole replacement and undergrounding program and by the director of development to administer the program.
Last updated August 29, 2023 at 4:29 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.30 | Refund of Reimbursement for Violation of Program Requirements.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of development shall direct an applicant that has been awarded a program reimbursement under the Ohio broadband pole replacement and undergrounding program to refund, with interest, all or any portion of the reimbursements the applicant received under the program, if the department finds, upon substantial evidence and after notice and the opportunity to respond, that the applicant materially violated any of the requirements agreed to under sections 191.10 to 191.24 of the Revised Code with respect to all or any portion of the reimbursements received. The interest included with a refund under this section shall be at the applicable federal funds rate as specified in division (B) of section 1304.84 of the Revised Code.
(B) At the direction of the department, refunds submitted under division (A) of this section shall be deposited into the broadband pole replacement fund created in section 191.27 of the Revised Code or the general revenue fund.
Last updated August 29, 2023 at 4:30 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.33 | Program Information.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Not later than sixty days after the first amount of money is deposited to the credit of the broadband pole replacement fund created in section 191.27 of the Revised Code, the department of development shall publish and regularly update on its web site the following program information:
(A) The number of program applications received, processed, and rejected by the broadband expansion program authority;
(B) The number, reimbursement amount, and status of program reimbursements awarded by the authority;
(C) The number of providers receiving reimbursements;
(D) The balance remaining in the fund at the time of the latest program update on the web site.
Last updated August 29, 2023 at 4:30 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 191 | Broadband Pole Replacement and Undergrounding › Section 191.35 | Annual Audit of Broadband Pole Replacement Fund and Program Administration.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Beginning not later than one year after the first amount of money is deposited to the credit of the broadband pole replacement fund created in section 191.27 of the Revised Code and annually thereafter, the auditor of state shall audit the fund and its administration by the broadband expansion program authority and the department of development for compliance with the requirements of sections 191.02 to 191.45 of the Revised Code.
Last updated August 29, 2023 at 4:31 PM