reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.27 | Matching of Birth and Death Records to Protect Integrity of Vital Records.

Effective:
March 16, 1989
Latest Legislation:
House Bill 790 - 117th General Assembly
The director of health may match birth records and death records in accordance with written standards which he shall promulgate in order to protect the integrity of vital records and prevent the fraudulent use of birth records of deceased persons, to prove beyond a reasonable doubt the fact of death, and to post the facts of death to the appropriate birth record. Copies made of birth records marked "deceased" shall be similarly marked "deceased."
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.28 | Prior Records Valid.

Effective:
March 16, 1989
Latest Legislation:
House Bill 790 - 117th General Assembly
This chapter applies to all birth, fetal death, or death certificates and records, and reports of marriage, divorce, dissolution of marriage, or annulment of marriage received by the department of health prior to the effective date of this section and in the custody of the state registrar or a local registrar, but nothing in this chapter affects the validity of any certificate, record, or report created or filed prior to the effective date of this section.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.30 | Statewide Birth Defects Information System.

Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
(A) As used in this section:
(1) "Freestanding birthing center" has the same meaning as in section 3702.141 of the Revised Code.
(2) "Hospital" means a hospital classified under section 3701.07 of the Revised Code as a general hospital or children's hospital.
(3) "Physician" means an individual authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery.
(B) The director of health shall establish and, if funds for this purpose are available, implement a statewide birth defects information system for the collection of information concerning congenital anomalies, stillbirths, and abnormal conditions of newborns.
(C) If the system is implemented under division (B) of this section, all of the following apply:
(1) The director may require each physician, hospital, and freestanding birthing center to report to the system information concerning all patients under five years of age with a primary diagnosis of a congenital anomaly or abnormal condition. The director shall not require a hospital, freestanding birthing center, or physician to report to the system any information that is reported to the director or department of health under another provision of the Revised Code or Administrative Code.
(2) On request, each physician, hospital, and freestanding birthing center shall give the director or authorized employees of the department of health access to the medical records of any patient described in division (C)(1) of this section. The department shall pay the costs of copying any medical records pursuant to this division.
(3) The director may review vital statistics records and shall consider expanding the list of congenital anomalies and abnormal conditions of newborns reported on birth certificates pursuant to section 3705.08 of the Revised Code.
(D) A physician, hospital, or freestanding birthing center that provides information to the system under division (C) of this section shall not be subject to criminal or civil liability for providing the information.
Last updated August 17, 2021 at 11:22 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.31 | Purposes of System.

Effective:
October 5, 2000
Latest Legislation:
House Bill 534 - 123rd General Assembly
If implemented under section 3705.30 of the Revised Code, the birth defects information system may be used for all of the following purposes:
(A) To identify and describe congenital anomalies, stillbirths, and abnormal conditions of newborns;
(B) To detect trends and epidemics in congenital anomalies, stillbirths, and abnormal conditions of newborns;
(C) To quantify morbidity and mortality of congenital anomalies and abnormal conditions of newborns;
(D) To stimulate epidemiological research regarding congenital anomalies, stillbirths, and abnormal conditions of newborns;
(E) To identify risk factors for congenital anomalies, stillbirths, and abnormal conditions of newborns;
(F) To facilitate intervention in and prevention of congenital anomalies, stillbirths, and abnormal conditions of newborns;
(G) To facilitate access to treatment for congenital anomalies and abnormal conditions of newborns;
(H) To inform and educate the public about congenital anomalies, stillbirths, and abnormal conditions of newborns.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.32 | Records Are Confidential - Exceptions.

Effective:
October 5, 2000
Latest Legislation:
House Bill 534 - 123rd General Assembly
(A) Except as provided in this section, records received and information assembled by the birth defects information system pursuant to section 3705.30 of the Revised Code are confidential medical records.
(B)(1) The director of health may use information assembled by the system to notify parents, guardians, and custodians of children with congenital anomalies or abnormal conditions of medical care and other services available for the child and family.
(2) The director may disclose information assembled by the system with the written consent of the parent or legal guardian of the child who is the subject of the information.
(C)(1) Access to information assembled by the system shall be limited to the following persons and government entities:
(a) The director of health;
(b) Authorized employees of the department of health;
(c) Qualified persons or government entities that are engaged in demographic, epidemiological, or similar studies related to health and health care provision.
(2) The director shall give a person or government entity described in division (C)(1)(c) of this section access to the system only if the person or a representative of the person or government entity signs an agreement to maintain the system's confidentiality.
(3) The director shall maintain a record of all persons and government entities given access to the information in the system. The record shall include all of the following information:
(a) The name of the person who authorized access to the system;
(b) The name, title, and organizational affiliation of the person or government entity given access to the system;
(c) The dates the person or government entity was given access to the system;
(d) The specific purpose for which the person or government entity intends to use the information.
(4) The record maintained pursuant to division (C)(3) of this section is a public record, as defined in section 149.43 of the Revised Code.
(5) A person who violates an agreement described in division (C)(2) of this section may be denied further access to confidential information maintained by the director.
(D) The director may disclose information assembled by the system in summary, statistical, or other form that does not identify particular individuals or individual sources of information.
Last updated August 31, 2023 at 11:22 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.33 | Parent or Legal Guardian May Request Information Concerning Child to Be Removed From System.

Effective:
October 5, 2000
Latest Legislation:
House Bill 534 - 123rd General Assembly
As used in this section, "local health department" means a health department operated by the board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code.
A child's parent or legal guardian who wants information concerning the child removed from the birth defects information system shall request from the local health department or the child's physician a form prepared by the director of health. On request, a local health department or physician shall provide the form to the child's parent or legal guardian. The individual providing the form shall discuss with the child's parent or legal guardian the information contained in the system. If the child's parent or legal guardian signs the form, the department or physician shall forward it to the director. On receipt of the signed form, the director shall remove from the system any information that identifies the child.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.35 | Rules.

Effective:
December 19, 2016
Latest Legislation:
House Bill 471 - 131st General Assembly
Not later than one hundred eighty days after October 5, 2000, the director of health shall adopt rules in accordance with Chapter 119. of the Revised Code to do all of the following:
(A) Implement the birth defects information system;
(B) Specify the types of congenital anomalies and abnormal conditions of newborns to be reported to the system under section 3705.30 of the Revised Code;
(C) Establish reporting requirements for information concerning diagnosed congenital anomalies and abnormal conditions of newborns;
(D) Establish standards that must be met by persons or government entities that seek access to the system;
(E) Establish a form for use by parents or legal guardians who seek to have information regarding their children removed from the system and a method of distributing the form to local health departments, as defined in section 3705.33 of the Revised Code, and to physicians. The method of distribution must include making the form available on the internet.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.36 | Annual Report Regarding System.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Three years after the date a birth defects information system is implemented pursuant to section 3705.30 of the Revised Code, and annually thereafter, the department of health shall prepare a report regarding the birth defects information system. The department shall file the report with the governor, the president and minority leader of the senate, the speaker and minority leader of the house of representatives, the departments of developmental disabilities, education and workforce, and job and family services, the commission on minority health, and the news media.
Last updated September 5, 2023 at 10:48 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.40 | Access to Preliminary Birth and Death Data Maintained by Department.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 332 - 131st General Assembly
(A) As used in this section :
(1) "Board of health" means a board of health of a city or general health district or the authority having the duties of a board of health under section 3709.05 of the Revised Code.
(2) "Geocoding" means a geographic information system (GIS) operation for converting street addresses into spatial data that can be displayed as features on a map, usually by referencing address information from a street segment data layer.
(B) The state registrar shall ensure that each board of health has access to preliminary birth and death data maintained by the department of health, as well as access to any electronic system of vital records the state registrar or department of health maintains, including the Ohio public health information warehouse. To the extent possible, the preliminary data shall be provided in a format that permits geocoding. If the state registrar requires a board to enter into a data use agreement before accessing such data or systems, the state registrar shall provide each board with an application for this purpose and, if requested, assist with the application's completion.
(C) The state registrar shall provide the users of the preliminary data and electronic systems described in division (B) of this section with a data analysis tool kit that assists the users with using the data in a manner that promotes consistency and accuracy among users. The tool kit shall include a data dictionary and sample data analyses.
Last updated August 31, 2023 at 11:23 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.41 | Vital Records Training.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 332 - 131st General Assembly
(A) As used in this section:
(1) "Freestanding birthing center" has the same meaning as i n section 3702.141 of the Revised Code.
(2) "Funeral services worker" means a person licensed as a funeral director or embalmer under Chapter 4717. of the Revised Code or an individual responsible for the direct final disposition of a deceased person.
(3) "Hospital" means a hospital classified pursuant to rules adopted under section 3701.07 of the Revised Code as a general hospital or children's hospital and to which either of the following applies:
(a) The hospital has a maternity unit.
(b) The hospital receives for care infants who have been transferred to it from other facilities and who have never been discharged to their residences following birth.
(4) "Maternity unit" means the distinct portion of a hospital licensed as a maternity unit under Chapter 3711. of the Revised Code.
(B) At least annually, the state registrar shall offer to provide training for appropriate staff of hospitals and freestanding birthing centers, as well as funeral services workers, on their responsibilities under the laws of this state and any rules adopted pursuant to those laws pertaining to vital records. If provided, the training shall cover correct data entry procedures and time limits for reporting vital statistics information for the purpose of ensuring accuracy and consistency of the system of vital statistics.
Last updated August 17, 2021 at 11:23 AM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3705 | Vital Statistics › Section 3705.99 | Penalty.

Effective:
August 17, 2006
Latest Legislation:
House Bill 235 - 126th General Assembly
(A) Whoever violates division (A), (B), or (H) of section 3705.29 of the Revised Code shall be fined not more than ten thousand dollars or incarcerated for a term of not more than five years, or both.
(B) Whoever violates division (C), (E), (F), or (G) of section 3705.29 of the Revised Code shall be fined not more than one thousand dollars or incarcerated for a term of not more than one year, or both.
(C) Whoever violates division (D) of section 3705.29 of the Revised Code is guilty of a misdemeanor of the third degree.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.03 | Purposes of Air Authority.

Effective:
September 29, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
It is hereby declared to be the public policy of the state through the operations of the Ohio air quality development authority under this chapter to contribute toward one or more of the following: to provide for the conservation of air as a natural resource of the state, and to prevent or abate the pollution thereof, to provide for the comfort, health, safety, and general welfare of all employees, as well as all other inhabitants of the state, to assist in the financing of air quality facilities for industry, commerce, distribution, and research, including public utility companies, to create or preserve jobs and employment opportunities or improve the economic welfare of the people, or assist and cooperate with governmental agencies in achieving such purposes. In furtherance of such public policy the Ohio air quality development authority may initiate, acquire, construct, maintain, repair, and operate air quality projects or cause the same to be operated pursuant to a lease, sublease, or agreement with any person or governmental agency; may make loans and grants to governmental agencies for the acquisition or construction of air quality facilities by such governmental agencies; may make loans to persons for the acquisition or construction of air quality facilities by such persons; may enter into commodity contracts with, or make loans for the purpose of entering into commodity contracts to, any person, governmental agency, or entity located within or without the state in connection with the acquisition or construction of air quality facilities; and may issue air quality revenue bonds of this state payable solely from revenues, to pay the cost of such projects, including any related commodity contracts. Any air quality project shall be determined by the authority to be not inconsistent with any applicable air quality standards duly established and then required to be met pursuant to the "Clean Air Act," 84 Stat. 1679 (1970), 42 U.S.C.A. 1857, as amended. Any resolution of the authority providing for acquiring or constructing such projects or for making a loan or grant for such projects shall include a finding by the authority that such determination has been made. Determinations by resolution of the authority that a project is an air quality facility under this chapter and is consistent with the purposes of section 13 of Article VIII, Ohio Constitution, and this chapter, shall be conclusive as to the validity and enforceability of the air quality revenue bonds issued to finance such project and of the resolutions, trust agreements or indentures, leases, subleases, sale agreements, loan agreements, and other agreements made in connection therewith, all in accordance with their terms.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.051 | Agreement With Local Governments to Finance Pace Projects.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The Ohio air quality development authority may enter into an agreement with the legislative authority of a municipal corporation or a board of township trustees that provides for all of the following:
(1) The authority may issue revenue bonds or notes under section 3706.05 of the Revised Code for the purpose of paying any part of the cost of an air quality facility described under division (G)(12) of section 3706.01 of the Revised Code.
(2) The municipal corporation or township may levy a special assessment under section 503.59 or 727.01 of the Revised Code upon property specially benefited by that air quality facility.
(3) The municipal corporation or township shall pledge special assessments levied under division (A)(2) of this section for the payment of bonds or notes issued under division (A)(1) of this section.
(B) If the municipal corporation or township is a participating political subdivision of a special improvement district organized under Chapter 1710. of the Revised Code for the purpose of developing and implementing plans for special energy improvement projects, the municipal corporation or township shall provide notice to the special improvement district of the following:
(1) The agreement entered into under division (A) of this section;
(2) The air quality facility for which property is to be assessed pursuant to that division.
Last updated October 6, 2023 at 4:52 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.06 | Other State Laws Not Applicable.

Effective:
June 1, 1970
Latest Legislation:
House Bill 963 - 108th General Assembly
The issuance of air quality revenue bonds and notes or air quality revenue refunding bonds under Chapter 3706. of the Revised Code need not comply with any other law applicable to the issuance of bonds or notes.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.07 | Bonds or Notes Secured by Trust Agreement.

Effective:
September 29, 2007
Latest Legislation:
House Bill 119 - 127th General Assembly
In the discretion of the Ohio air quality development authority, any air quality revenue bonds or notes or air quality revenue refunding bonds issued under Chapter 3706. of the Revised Code, may be secured by a trust agreement between the authority and a corporate trustee, which trustee may be any trust company or bank having the powers of a trust company within or without the state.
Any such trust agreement may pledge or assign revenues of the authority to be received, but shall not convey or mortgage any air quality project or any part thereof. Any such trust agreement or any resolution providing for the issuance of such bonds or notes may contain such provisions for protecting and enforcing the rights and remedies of the bondholders or noteholders as are reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition of property, the construction, improvement, maintenance, repair, operation, and insurance of the air quality project or projects in connection with which such bonds or notes are authorized, the rentals or other charges to be imposed for the use or services of any air quality project, the application of revenues received or otherwise derived from a commodity contract or from the sale of the related commodity under such contract, the custody, safeguarding, and application of all moneys, and provisions for the employment of consulting engineers in connection with the construction or operation of such air quality project or projects. Any bank or trust company incorporated under the laws of this state that may act as depository of the proceeds of bonds or notes or of revenues may furnish such indemnifying bonds or may pledge such securities as are required by the authority. Any such trust agreement may set forth the rights and remedies of the bondholders and noteholders and of the trustee, and may restrict the individual right of action by bondholders and noteholders as is customary in trust agreements or trust indentures securing similar bonds. Such trust agreement may contain such other provisions as the authority determines reasonable and proper for the security of the bondholders or noteholders. All expenses incurred in carrying out the provisions of any such trust agreement may be treated as a part of the cost of the operation of the air quality project or projects. Any such trust agreement or resolution authorizing the issuance of air quality revenue bonds may provide the method whereby the general administrative overhead expenses of the authority shall be allocated among the several projects acquired or constructed by it as a factor of the operation expense of each such project.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.08 | Protection and Enforcement of Rights of Bondholder and Trustees.

Effective:
June 1, 1970
Latest Legislation:
House Bill 963 - 108th General Assembly
Any holder of air quality revenue bonds issued under Chapter 3706. of the Revised Code, or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights given by such chapter may be restricted by the applicable resolution or such trust agreement, may by suit, action, mandamus, or other proceedings, protect and enforce any rights under the laws of the state or granted under such chapter, trust agreement, or the resolution authorizing the issuance of such bonds, and may enforce and compel the performance of all duties required by such chapter, or by the trust agreement or resolution, to be performed by the Ohio air quality development authority or any officer thereof, including the fixing, charging, and collecting of rentals or other charges.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.09 | Bonds Not a Debt of State.

Effective:
June 1, 1970
Latest Legislation:
House Bill 963 - 108th General Assembly
Air quality revenue bonds and notes and air quality revenue refunding bonds issued under Chapter 3706. of the Revised Code do not constitute a debt, or a pledge of the faith and credit, of the state or any political subdivision thereof, and the holders or owners thereof have no right to have taxes levied by the general assembly or taxing authority of any political subdivision of the state for the payment of the principal thereof or interest thereon, but such bonds and notes are payable solely from the revenues and funds pledged for their payment as authorized by such chapter, unless the notes are issued in anticipation of the issuance of bonds or the bonds are refunded by refunding bonds issued under such chapter, which bonds or refunding bonds shall be payable solely from revenues and funds pledged for their payment as authorized by such sections. All such bonds and notes shall contain on the face thereof a statement to the effect that the bonds or notes, as to both principal and interest, are not debts of the state or any political subdivision thereof, but are payable solely from revenues and funds pledged for their payment.
All expenses incurred in carrying out Chapter 3706. of the Revised Code are payable solely from funds provided under such chapter. Such chapter does not authorize the Ohio air quality development authority to incur indebtedness or liability on behalf of or payable by the state or any political subdivision thereof.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.10 | All Funds Acquired Shall Be Held in Trust.

Effective:
June 1, 1970
Latest Legislation:
House Bill 963 - 108th General Assembly
All moneys, funds, properties, and assets acquired by the Ohio air quality development authority under Chapter 3706. of the Revised Code, whether as proceeds from the sale of air quality revenue bonds or as revenues, or otherwise, shall be held by it in trust for the purposes of carrying out its powers and duties, shall be used and reused as provided in such chapter, and shall at no time be part of other public funds. Such funds, except as otherwise provided in any resolution authorizing its air quality revenue bonds or in any trust agreement securing the same, or except when invested pursuant to section 3706.11 of the Revised Code, shall be kept in depositories selected by the authority in the manner provided in Chapter 135. of the Revised Code, and the deposits shall be secured as provided in Chapter 135. of the Revised Code. The resolution authorizing the issuance of such bonds of any issue or the trust agreement securing such bonds shall provide that any officer to whom, or any bank or trust company to which, such moneys are paid shall act as trustee of such moneys and hold and apply them for the purposes hereof, subject to such conditions as such chapter and such resolutions or trust agreement provide.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.101 | Futuregen Initiative Fund.

Effective:
April 4, 2006
Latest Legislation:
House Bill 440 - 126th General Assembly
There is hereby created in the state treasury the FutureGen initiative fund. The fund shall consist of money appropriated to it and money from private donations, grants, gifts, bequests, and other sources. Money in the fund shall be used to make grants for the drilling of a test well to assist the state's efforts to secure the United States department of energy FutureGen initiative pursuant to section 3706.01 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.11 | Monies in Excess of Current Needs May Be Invested in Notes and Bonds.

Effective:
June 1, 1970
Latest Legislation:
House Bill 963 - 108th General Assembly
Moneys in the funds of the Ohio air quality development authority, except as otherwise provided in any resolution authorizing the issuance of its air quality revenue bonds or in any trust agreement securing the same, in excess of current needs, may be invested in notes, bonds, or other obligations of the United States of America or any agency or instrumentality thereof, or in obligations of this state or any political subdivision thereof. Income from all such investments of moneys in any fund shall be credited to such funds as the authority determines, subject to the provisions of any such resolution or trust agreement and such investments may be sold at such times as the authority determines.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.13 | Projects to Be Maintained and Repaired - Reports.

Effective:
October 25, 1979
Latest Legislation:
Senate Bill 108 - 113th General Assembly
Each air quality project, when constructed and placed in operation, shall be maintained and kept in good condition and repair by the Ohio air quality development authority or the authority shall cause the same to be maintained and kept in good condition and repair. Each such project shall be operated by such operating employees as the authority employs or pursuant to a contract or lease with a person or governmental agency. All public or private property damaged or destroyed in carrying out the powers granted by Chapter 3706. of the Revised Code, shall be restored or repaired and placed in its original condition, as nearly as practicable, or adequate compensation shall be paid therefor from funds provided under such chapter.
On or before the twentieth day of April in each year, the authority shall make a report of its activities for the preceding calendar year to the governor and the general assembly. Each such report shall set forth a complete operating and financial statement covering the authority's operations during the year. The authority shall cause an audit of its books and accounts to be made at least once each year by certified public accountants and the cost thereof may be treated as a part of the cost of construction or of operations of its projects.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.14 | Bonds Are Lawful Investments.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
All air quality revenue bonds issued under this chapter are lawful investments of banks, societies for savings, savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, insurance companies, including domestic for life and domestic not for life, trustees or other officers having charge of sinking and bond retirement or other special funds of political subdivisions and taxing districts of this state, the commissioners of the sinking fund of the state, the administrator of workers' compensation, the state teachers retirement system, the public employees retirement system, the school employees retirement system, and the Ohio police and fire pension fund, and are acceptable as security for the deposit of public moneys.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.15 | Exemption From Taxes and Assessments.

Effective:
June 1, 1972
Latest Legislation:
Senate Bill 478 - 109th General Assembly
The exercise of the powers granted by Chapter 3706. of the Revised Code, will be for the benefit of the people of the state, for the improvement of their health, safety, convenience, and welfare, and for the enhancement of their residential, agricultural, recreational, economic, commercial, and industrial opportunities and is a public purpose. As the operation and maintenance of air quality projects will constitute the performance of essential governmental functions, the Ohio air quality development authority shall not be required to pay any taxes or assessments upon any air quality project, or upon any property acquired or used by the authority under Chapter 3706. of the Revised Code, or upon the income therefrom, nor shall the transfer to or from the Ohio air quality development authority of title or possession of any air quality project, part thereof, or item included or to be included in any such project, be subject to the taxes levied pursuant to Chapters 5739. and 5741. of the Revised Code, and the bonds and notes issued under this chapter, their transfer, and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation within the state.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.16 | Authority to Acquire Land as Necessary for Projects.

Effective:
June 1, 1970
Latest Legislation:
House Bill 963 - 108th General Assembly
The Ohio air quality development authority may acquire by purchase, whenever it finds such purchase expedient, any land, property, rights, rights-of-way, franchises, easements, and other interests in lands as it finds to be necessary or convenient for the construction and operation of any air quality project, upon such terms and at such price as it considers reasonable and are agreed upon between the authority and the owner thereof, and take title thereto in the name of the state.
Any governmental agency, notwithstanding any contrary provision of law and without the necessity for an advertisement, auction, order of court, or other action or formality, other than the regular and formal action of such governmental agency concerned, may lease, lend, grant, or convey to the authority, at its request, upon such terms as the proper authorities of such governmental agency find reasonable and fair any real property or interests therein including improvements thereto or personal property which is necessary or convenient to effect the authorized purposes of the authority, including public roads and real or personal property already devoted to public use.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.17 | Authority to Appropriate Land as Necessary for Projects.

Effective:
June 1, 1970
Latest Legislation:
House Bill 963 - 108th General Assembly
The Ohio air quality development authority may acquire by appropriation pursuant to division (J) of section 3706.04 of the Revised Code any land, rights, rights-of-way, franchises, easements, or other property necessary or proper for the construction or the efficient operation of any air quality project. In any proceedings for appropriation under this section, the procedure to be followed shall be in accordance with Chapter 163. of the Revised Code.
This section does not empower the authority to take or disturb property or facilities belonging to and required for the proper and convenient operation of any public utility or any common carrier engaged in interstate commerce, unless provision is made for the restoration, relocation, or duplication of such property or facilities elsewhere at the sole cost of the authority.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.20 | Public Meetings and Records.

Effective:
June 1, 1970
Latest Legislation:
House Bill 963 - 108th General Assembly
All meetings of the Ohio air quality development authority shall be public. All final actions of the authority shall be journalized and such journal and the records of the authority shall be open to public inspection at all reasonable times, except that any records or information relating to secret processes or secret methods of manufacture or production that may be obtained by the authority or other persons acting under Chapter 3706. of the Revised Code are confidential and shall not be disclosed.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.21 | Liberal Construction of Chapter.

Effective:
June 1, 1970
Latest Legislation:
House Bill 963 - 108th General Assembly
Sections 3706.01 to 3706.20, inclusive, of the Revised Code being necessary for the welfare of the state and its inhabitants shall be liberally construed to effect the purposes thereof.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.28 | Advanced Energy Project Determinations Conclusive.

Effective:
September 11, 2008
Latest Legislation:
House Bill 554 - 127th General Assembly
(A) Determinations made by the executive director of the Ohio air quality development authority, with the affirmative vote of a majority of the members of the authority, that a particular project is an advanced energy project and is consistent with Chapter 166. of the Revised Code and Section 2p or 13 of Article VIII, Ohio Constitution, shall be conclusive as to the validity and enforceability of the obligations issued to finance such a project and of the authorizations, trust agreements or indentures, loan agreements, or grant agreements, and other agreements made in connection therewith, all in accordance with their terms.
(B) Advanced energy facilities for industry, commerce, distribution, or research are hereby deemed to qualify as facilities for the control of air pollution and thermal pollution related to air under Section 2p or 13 of Article VIII, Ohio Constitution.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.29 | Advanced Energy Projects Implementing Rules.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
The Ohio air quality development authority shall, in accordance with Chapter 119. of the Revised Code, adopt any rules necessary to implement sections 3706.25 to 3706.28 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.40 | Definitions for Sections 3706.40 to 3706.65.

Effective:
June 30, 2021
Latest Legislation:
House Bill 128 - 134th General Assembly
As used in sections 3706.40 to 3706.65 of the Revised Code:
(A) "Qualifying solar resource" means an electric generating facility in this state to which all of the following apply:
(1) The facility uses or will use solar energy as the primary energy source.
(2) The facility obtained a certificate for construction of a major utility facility from the power siting board prior to June 1, 2019.
(3) The facility is interconnected with the transmission grid that is subject to the operational control of PJM interconnection, L.L.C., or its successor organization.
(B) "Electric distribution utility" has the same meaning as in section 4928.01 of the Revised Code.
Last updated May 17, 2021 at 2:34 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.41 | Application for Solar Energy Credits.

Effective:
June 30, 2021
Latest Legislation:
House Bill 128 - 134th General Assembly
Not later than February 1, 2020, the owner or operator of a qualifying solar resource may apply to the Ohio air quality development authority to receive payments for solar energy credits under section 3706.55 of the Revised Code.
Last updated May 17, 2021 at 4:02 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.43 | Review and Approval.

Effective:
June 30, 2021
Latest Legislation:
House Bill 128 - 134th General Assembly
After receiving an application under section 3706.41 of the Revised Code, the Ohio air quality development authority shall review and approve the application, not later than March 31, 2020, if the resource meets the definition of a qualifying solar resource in section 3706.40 of the Revised Code.
Last updated May 17, 2021 at 2:34 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.431 | Confidentiality.

Effective:
October 22, 2019
Latest Legislation:
House Bill 6 - 133rd General Assembly
All financial and proprietary information, including trade secrets, submitted to the Ohio air quality development authority under sections 3706.41 and 3706.43 of the Revised Code is confidential information and is not a public record for the purpose of section 149.43 of the Revised Code.
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.45 | Report to Ohio Air Quality Development Authority; Issuance of Credit.

Effective:
June 30, 2021
Latest Legislation:
House Bill 128 - 134th General Assembly
(A) An owner or operator of a qualifying solar resource whose application was approved under section 3706.43 of the Revised Code shall report to the Ohio air quality development authority, not later than seven days after the close of each quarter, the number of megawatt hours the resource produced, if any, in the previous quarter. The first report shall be made not later than April 7, 2020, and the last report shall be made not later than January 7, 2027. The information reported shall be in accordance with data from the generation attribute tracking designated by the authority.
(B) The authority shall issue one solar energy credit to a qualifying solar resource for each megawatt hour of electricity that is both reported under division (A) of this section and approved by the authority.
(C) The price for a solar energy credit paid under section 3706.55 of the Revised Code shall be nine dollars.
Last updated May 17, 2021 at 2:34 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.46 | Revenue Requirements.

Effective:
June 30, 2021
Latest Legislation:
House Bill 128 - 134th General Assembly
(A)(1) Beginning for all bills rendered on or after January 1, 2021, by an electric distribution utility in this state, such electric distribution utility shall collect from all of its retail electric customers in this state, each month, a charge which, in the aggregate, is sufficient to produce a revenue requirement of twenty million dollars annually for total disbursements required under section 3706.55 of the Revised Code from the solar generation fund.
(2) The public utilities commission shall determine the method by which the revenue is allocated or assigned to each electric distribution utility for billing and collection, provided that the method of allocation shall be based on the relative number of customers, relative quantity of kilowatt hour sales, or a combination of the two. The level and structure of the charge shall be authorized by the commission through a process that the commission shall determine is not for an increase in any rate, joint rate, toll, classification, charge, or rental, notwithstanding anything to the contrary in Title XLIX of the Revised Code.
(B) In authorizing the level and structure of any charge to be billed and collected by each electric distribution utility, the commission shall ensure that the per-customer monthly charge for residential customers does not exceed ten cents and that the per-customer monthly charge for industrial customers eligible to become self-assessing purchasers pursuant to division (C) of section 5727.81 of the Revised Code does not exceed two hundred forty-two dollars. For nonresidential customers that are not self-assessing purchasers, the level and design of the charge shall be established in a manner that avoids abrupt or excessive total net electric bill impacts for typical customers.
(C) Each charge authorized by the commission under this section shall be subject to adjustment so as to reconcile actual revenue collected with the revenue needed to meet the revenue requirement under division (A)(1) of this section. The commission shall authorize each electric distribution utility to adopt accounting practices to facilitate such reconciliation. Notwithstanding any other provisions of the Revised Code, the charge authorized by the commission may continue beyond December 31, 2027, only if it is necessary to reconcile actual revenue collected under this section during the period ending on December 31, 2027, with the actual revenue needed to meet the revenue requirement under division (A)(1) of this section for required disbursements under section 3706.55 of the Revised Code that may be due and owing during the same period. Such continuation shall be authorized only for such period of time beyond December 31, 2027, as may be reasonably necessary to complete the reconciliation.
Last updated May 17, 2021 at 2:35 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.49 | Solar Generation Fund.

Effective:
June 30, 2021
Latest Legislation:
House Bill 128 - 134th General Assembly
(A) There is hereby created the solar generation fund. The fund shall be in the custody of the treasurer of state but shall not be part of the state treasury. The fund shall consist of the charges collected under section 3706.46 of the Revised Code and deposited by the Ohio air quality development authority, in consultation with the public utilities commission. The interest generated by the fund shall be retained in the fund and used for the purposes set forth in sections 3706.40 to 3706.65 of the Revised Code.
(B) The fund shall be administered by the Ohio air quality development authority, and the authority shall request the treasurer of state to create the account for the fund. The treasurer of state shall distribute the moneys in the fund in accordance with directions provided by the authority. Before giving directions under this division, the authority shall consult with the public utilities commission.
Last updated May 17, 2021 at 4:06 PM
2023 Ohio Revised Code › Title 37 | Health-Safety-Morals › Chapter 3706 | Air Quality Development Authority › Section 3706.491 | Use of Solar Generation Fund for Administrative Costs.

Effective:
June 30, 2021
Latest Legislation:
House Bill 128 - 134th General Assembly
(A) Except as provided in division (B) of this section, each fiscal year, beginning July 1, 2021, and ending June 30, 2029, and subject to controlling board approval, the Ohio air quality development authority may use, from the solar generation fund created under section 3706.49 of the Revised Code, up to a maximum of three hundred thousand dollars to pay for the authority's administrative costs for that year under sections 3706.40 to 3706.65 of the Revised Code.
(B) In addition to the amount approved in division (A) of this section for fiscal year 2022 and subject to controlling board approval, the authority may use the following amounts in fiscal year 2022 from the solar generation fund:
(1) Up to three hundred thousand dollars to pay for the authority's administrative costs incurred in fiscal year 2020;
(2) Up to three hundred thousand dollars to pay for the authority's administrative costs incurred in fiscal year 2021.
Last updated May 17, 2021 at 4:09 PM