reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4010 | Authority Annual Report of Findings and Recommendations.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
The broadband expansion program authority, upon majority approval of the authority's members, shall submit a written public report of its findings and recommendations to the governor and the general assembly not later than the first of December of each calendar year.
The authority shall not disclose any proprietary information or trade secrets in the report. Copies of the report shall be available on the development services agency's web site.
Last updated June 9, 2021 at 1:08 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4013 | Grant Applications by Broadband Providers.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
A broadband provider may apply for a program grant under the Ohio residential broadband expansion grant program.
Last updated June 9, 2021 at 12:22 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4015 | Grants Only for Eligible Projects.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Program grants under the Ohio residential broadband expansion grant program shall be awarded only for eligible projects.
Last updated June 9, 2021 at 12:23 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4016 | Ineligible Projects.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
An application shall be ineligible for a program grant under the Ohio residential broadband expansion grant program if either of the following applies:
(A) It proposes to provide tier two broadband service to areas where tier two broadband service is presently available.
(B) In the proposed area of service, construction of a network to provide tier two broadband service currently is in progress and one of the following applies:
(1) It is being constructed, without grant program funding, by the broadband provider that submitted the application.
(2) It is scheduled to be completed by another broadband provider not later than two years after the date of a challenge submitted under section 122.4030 of the Revised Code.
Last updated June 9, 2021 at 12:23 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4017 | Funds for Grants.

Effective:
July 4, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The broadband expansion program authority shall award program grants under the Ohio residential broadband expansion grant program using funds from the Ohio residential broadband expansion grant program fund created in section 122.4037 of the Revised Code and other funds appropriated by the general assembly.
(B) If an appropriation for the program includes funds that are not state funds or if the director of development receives funds that are in the form of a gift, grant, or contribution to the broadband expansion grant program fund, the broadband expansion program authority shall award those funds as described in sections 122.40 to 122.4077 of the Revised Code, except as provided in division (C) of this section.
(C) If the use of the funds described in division (B) of this section is contingent upon meeting application, scoring, or other requirements that are different from program requirements under sections 122.40 to 122.4077 of the Revised Code, the department of development shall adopt the requirements and publish a description of the different requirements with the program application as required under section 122.4040 of the Revised Code.
Last updated September 19, 2023 at 1:23 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4018 | Grants Limited by Available Funds.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) Each fiscal year, the development services agency shall fund program grants until funds for that fiscal year are no longer available.
(B) Any application pending at the end of the fiscal year shall be deemed denied, but may be refiled in a subsequent fiscal year provided that all information in the application is still current or has been updated.
Last updated June 9, 2021 at 12:24 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4021 | Conditions for Grants.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
As a condition for receiving a program grant under the Ohio residential broadband expansion grant program, the broadband expansion program authority may require a broadband provider that is awarded a program grant to provide a performance bond, letter of credit, or other financial assurance acceptable to the authority prior to the commencement of construction. The bond, letter of credit, or assurance shall be in the sum, and with the sureties, that the state prescribes and shall be payable to the state, as applicable.
The bond, letter of credit, or assurance may include the condition that the broadband provider will faithfully execute and complete the project.
The purpose of the performance bond, letter of credit, or other financial assurance is to assure completion of the project. The bond, letter of credit, or assurance shall not be required after the project is complete.
Last updated June 9, 2021 at 12:25 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4023 | Proprietary or Trade Secret Evaluations.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Pursuant to rules adopted under section 122.4077 of the Revised Code, the development services agency shall evaluate the information and documents submitted by a broadband provider in an application under section 122.4013 of the Revised Code or by a challenging provider under section 122.4030 of the Revised Code. The evaluation shall determine whether the information and documents are proprietary or constitute a trade secret. Upon receipt of the information and documents, the agency shall keep them confidential and shall not publish them on the agency's web site, unless the agency finds that any information or document is not proprietary or a trade secret. Any information or document found not to be proprietary or a trade secret under this section shall not be considered confidential and shall be published on the agency web site as is required for an application under division (C)(2) of section 122.4019 of the Revised Code.
Last updated June 9, 2021 at 12:25 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4024 | Notification of Published Applications.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
The development services agency shall establish an automatic notification process through which interested parties may receive electronic mail notifications when the agency publishes application and other information on its web site pursuant to sections 122.40 to 122.4077 of the Revised Code.
Last updated June 9, 2021 at 12:25 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4025 | Video Service Provider Fees Contributed to Funding Gap.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
A broadband provider may enter into an arrangement to designate video service provider fees remitted by the broadband provider for contribution towards an eligible project's broadband funding gap under the following circumstances:
(A) The broadband provider is a video service provider that, pursuant to section 1332.32 of the Revised Code, collects and remits video service provider fees to one or more legislative authorities in which an eligible project is located.
(B) The arrangement is entered into by mutual consent with one or more of the legislative authorities in which the eligible project is located.
Last updated June 9, 2021 at 12:26 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4030 | Application Challenges.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) As used in section 122.4023 and sections 122.4030 to 122.4035 of the Revised Code, "challenging provider" means either of the following:
(1) A broadband provider that provides tier two broadband service within or directly adjacent to an eligible project;
(2) A municipal electric utility that provides tier two broadband service to an area within the eligible project that is within the geographic area served by the municipal electric utility.
(B)(1)(a) A challenging provider may challenge, in writing, all or part of a completed application for a program grant for the project not later than sixty-five days after the provisional application scoring has been published on the web site as required under section 122.4019 of the Revised Code.
(b) The department of development, for good cause shown, may grant the broadband provider an extension of not more than fourteen days in which to submit a challenge.
(2) The challenging provider shall provide its complete challenge to the department, by electronic mail or such other means as may be established by the department. Within ten business days of its receipt of a challenge, the department shall provide, by electronic mail or such other means as may be established by the department, a complete copy of such challenge to the applicant whose application is the subject of a challenge.
(C) No challenge to an application may be accepted before the completed application is published in its entirety on the department's web site pursuant to division (C)(2) of section 122.4019 of the Revised Code.
Last updated September 19, 2023 at 12:52 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4031 | Evidence Sufficient to Successfully Challenge.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) To successfully challenge an application, a challenging provider shall provide sufficient evidence to the department of development demonstrating that all or part of a project under the application is ineligible for a grant. The challenge shall, at minimum, include the following information:
(1) Sufficient evidence disputing the notarized letter of intent submitted with the application that the eligible project contains eligible addresses;
(2) Sufficient evidence attesting to the challenging provider's existing or planned offering of tier two broadband service to all or part of the eligible project, which evidence shall include the following:
(a) With regard to existing tier two broadband service, a signed, notarized statement submitted by the challenging provider that sufficiently identifies the part of the eligible project to which the challenging provider offers broadband service and the aggregate number of eligible addresses to which the challenging provider offers tier two broadband service;
(b) With regard to the planned provision of tier two broadband service by a challenging provider as described in division (B) of section 122.4016 of the Revised Code, both of the following:
(i) A signed, notarized statement submitted by the challenging provider that sufficiently identifies the part of the eligible project to which the challenging provider will offer tier two broadband service;
(ii) A summary of the construction efforts that includes the dates when tier two broadband construction is expected to be completed and when tier two broadband service will first be offered to the part of the eligible project being challenged.
(B) To demonstrate that all or part of a project under the application is ineligible for a grant, a challenging provider shall present shapefile data and residential addresses identifying each challenged residential address and the basis for such challenge. Census block or census tract level data shall not be acceptable as evidence of ineligibility of all or part of a project.
(C) The department shall reject any challenge regarding a residential address where the provision of tier two broadband service is planned to be provided if the challenging provider has also submitted an application for funding for the same residential address.
Last updated September 19, 2023 at 12:53 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4032 | Limited Effect if Grant Application Not Challenged.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
If an application filed during an application submission period established by the department of development under section 122.4019 of the Revised Code is not challenged pursuant to sections 122.4030 to 122.4035 of the Revised Code, the lack of a challenge does not do either of the following:
(A) Create a presumption that residential addresses included in an application submitted in a subsequent submission period are eligible addresses under the Ohio residential broadband expansion grant program;
(B) Prohibit a challenging provider from filing a challenge to an application that is being refiled during a subsequent submission period.
Last updated September 25, 2023 at 5:12 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4033 | Authority Actions Regarding a Challenge.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) Not later than thirty days after receipt of a challenge under sections 122.4030 to 122.4035 of the Revised Code, the broadband expansion program authority may do either of the following:
(1) Suspend, subject to division (B) of this section, all or part of the application;
(2) Reject the challenge, approve the application, and proceed with the application process.
(B) The authority shall allow the broadband provider that submitted the application being challenged to revise the application consistent with sections 122.40 to 122.4077 of the Revised Code, if the authority upholds a challenge to all or part of the application.
(C) The authority shall notify both the broadband provider that submitted the application and the challenging provider of any decision made under this section by providing a copy of the decision by certified mail or electronic mail. The authority shall update the status of the application on the development services agency web site.
Last updated June 9, 2021 at 12:27 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4034 | Revision, Resubmission of Successfully Challenged Applications.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) If the broadband expansion program authority suspends all or part of an application, the broadband provider that submitted the application may revise and resubmit the application not later than fourteen days after receiving the suspension notification sent by the authority pursuant to section 122.4033 of the Revised Code. The broadband provider may request, and the authority may grant for good cause shown, an extension period of not more than fourteen days in which the broadband provider may resubmit the application.
(B) When revising the application, the broadband provider shall not expand the scope or impact of the original application, nor shall the provider add any new residential addresses to the eligible project.
(C) The broadband provider shall provide a copy of the revised application to the authority by electronic mail or by uploading it to the department of development's designated web site for applications. The department shall publish the revised application on the department's public web site and provide the application to the challenging provider by electronic mail or such other means as may be established by the department, provided that any information determined to be proprietary or a trade secret under section 122.4023 of the Revised Code is redacted.
(D) Any failure to respond to the notification or properly revise the application to the authority's satisfaction shall be considered a withdrawal of the application.
Last updated September 19, 2023 at 12:54 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4035 | Review of Resubmitted Applications.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Upon receipt of a revised application under section 122.4034 of the Revised Code, the broadband expansion program authority shall review the revised application and decide whether to accept it or uphold the challenge under sections 122.4030 to 122.4035 of the Revised Code within fourteen days. The authority shall provide a copy of its decision to both the broadband provider that submitted the revised application and the challenging provider by certified mail or electronic mail and shall update the status of the application on the development services agency's web site. The decision shall be considered final, and further challenges to the revised application are prohibited.
Last updated June 9, 2021 at 12:46 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4036 | Sanctions for Challenging Provider's Failure to Provide Service.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
If the broadband expansion program authority upholds a challenge to an application under sections 122.4030 to 122.4035 of the Revised Code and the challenging provider fails to provide tier two broadband service as described in the challenge, the challenging provider, after a reasonable opportunity to be heard, may be required to do either or both of the following, in addition to being subject to other remedies available under the law:
(A) Pay to the development services agency the amount of the original broadband funding gap described in section 122.4020 of the Revised Code for the application that was challenged;
(B) Comply with the requirements of any other penalties prescribed by agency rule and imposed after consultation with the authority.
Last updated June 9, 2021 at 12:28 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4037 | Disposition of Sanction Amounts.

Effective:
July 4, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
Any gift, grant, and contribution received by the director of development for the Ohio residential broadband expansion grant program and any money collected under section 122.4036 of the Revised Code shall be deposited into the Ohio residential broadband expansion grant program fund, which is hereby created in the state treasury. All amounts in the fund, including interest earned on those amounts, shall be used by the department of development exclusively for grants under sections 122.40 to 122.4077 of the Revised Code.
Last updated September 19, 2023 at 12:55 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4040 | Weighted Scoring System for Applications.

Effective:
July 4, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
The department of development, in consultation with the broadband expansion program authority, shall establish a scoring system to evaluate and select applications for program grants. The scoring system shall be available on the department's web site at least thirty days before the beginning of the application submission period set by the department by rule. A description of any differences in application, scoring system, or other program requirements adopted under division (C) of section 122.4017 of the Revised Code shall be available with the application on the department's web site at least thirty days before the beginning of the application submission period.
Last updated September 19, 2023 at 12:55 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4043 | Grant Awards.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) The broadband expansion program authority shall award program grants under the Ohio residential broadband expansion grant program after reviewing applications sent to the authority by the development services agency. Awards shall be granted after the authority scores applications based on the scoring system under sections 122.4040 and 122.4041 of the Revised Code.
(B) In awarding program grants, the authority shall consider all regulatory obligations under applicable law. The authority may not consider any of the following:
(1) Proposed project conditions that require open access networks or that establish a specific rate, service, or other obligation not specified for the Ohio residential broadband expansion grant program;
(2) Factors that would constrain a broadband provider that receives a grant from offering or providing tier two broadband service in the same manner as the service is offered by broadband providers in other areas of the state without funding from the Ohio residential broadband expansion grant program.
(C) Upon making the program grant awards, the authority shall notify the broadband providers that submitted applications of the award decisions. The authority shall publish the program grant awards on the agency's web site.
Last updated June 9, 2021 at 12:29 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4044 | Grant Disbursement.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
After the broadband expansion program authority awards a program grant under section 122.4043 of the Revised Code, the development services agency shall disburse the program grant as follows:
(A) A portion of the program grant, not to exceed thirty per cent, shall be disbursed before construction of the project begins.
(B) A portion of the program grant, not to exceed sixty per cent, shall be disbursed through periodic payments over the course of construction of the eligible project as determined by the agency by rules adopted under section 122.4077 of the Revised Code.
(C) The remaining portion shall be disbursed not later than sixty days after the broadband provider notifies the authority that it has completed construction of the project.
Last updated June 9, 2021 at 12:30 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4045 | Speed Verification Tests.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The department of development may, through an independent third party, conduct speed verification tests of an eligible project that receives a program grant. Such tests shall occur as follows:
(1) After the construction is complete, but prior to the final disbursement made under division (C) of section 122.4044 of the Revised Code to verify that tier two broadband service is being offered;
(2) At any time during the reporting period required under division (B) of section 122.4070 of the Revised Code, after receiving a complaint concerning a residential address that is part of the eligible project.
(B) To evaluate compliance with tier two broadband service standards, speed verification tests conducted under this section shall be conducted on at least two different days and at two different times on each of those days.
(C) The agency may withhold payments under this section for failure to meet at least the minimum speeds required under division (A)(8) of section 122.4020 of the Revised Code. Payments may be held until such speeds are achieved.
Last updated September 19, 2023 at 12:57 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4046 | Noncompliance With Requirements.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) If the development services agency determines that a broadband provider that has been awarded a program grant under the Ohio residential broadband expansion grant program has not complied with the requirements of the program, the agency shall notify the provider of the noncompliance. In accordance with rules adopted by the agency under section 122.4077 of the Revised Code, the agency shall give the provider an opportunity to explain or cure the noncompliance.
(B) After reviewing the broadband provider's explanation or effort to cure the noncompliance, the following shall apply:
(1) The agency may require the provider to refund an amount equal to all, or a portion of, the amount of the program grant awarded to the provider, as determined by the agency.
(2) The agency may require the broadband provider to refund to the appropriate municipal corporation, township, or county the entire amount of general revenue funds or other discretionary funds that it contributed toward the broadband funding gap under division (A)(3)(c) or (d) of section 122.4020 of the Revised Code.
(C) Not more than thirty days after the agency's decision requiring a refund for program noncompliance or a failure to explain or cure it, the broadband provider shall pay the refund required under division (B) of this section. Payments shall be made directly to the municipal corporation, township, or county that contributed funds toward the broadband funding gap.
Last updated June 9, 2021 at 12:31 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4050 | County Request Application Solicitation.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Upon adoption of a resolution, a board of county commissioners may request the development services agency to solicit applications from broadband providers for program grants under the Ohio residential broadband expansion grant program for eligible projects in the municipal corporations and townships of the county.
A request made by a county shall identify, to the extent possible, the residential addresses in unserved or tier one areas of the county and provide a point of contact at the county and the municipal corporations and townships in which the addresses are located. The request may include any relevant information, documents, or materials that may be helpful for an application.
Last updated June 9, 2021 at 12:31 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4051 | Solicitation on Behalf of County.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Upon receipt of a request from a board of county commissioners pursuant to section 122.4050 of the Revised Code, the development services agency shall solicit, on behalf of the county, applications for program grants for eligible projects under the Ohio residential broadband expansion grant program. Not later than seven days after receipt of the request, the agency shall make the request, and any accompanying information submitted with the request, available for review on the agency's web site. The request shall remain available on the web site for a period not to exceed two years.
Last updated June 9, 2021 at 12:47 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4053 | Response Application Compliance.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
An application for a program grant under the Ohio residential broadband expansion grant program made in response to a request under section 122.4050 of the Revised Code shall fully comply with all of the program requirements. Nothing in sections 122.4050, 122.4051, and 122.4053 of the Revised Code shall be construed as providing relief from compliance with any program requirements.
Last updated June 9, 2021 at 12:36 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4055 | No Responsibility for Lack of Response.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
The development services agency shall not be responsible for any failure by a broadband provider to respond to a request made by the agency pursuant to section 122.4051 of the Revised Code or to submit an application for a program grant under the Ohio residential broadband expansion grant program.
Last updated June 9, 2021 at 12:49 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4060 | Grant Required for Eligible Project to Proceed.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) An eligible project shall not proceed unless the broadband expansion program authority awards a program grant under section 122.4043 of the Revised Code.
(B) After receiving a program grant award, the broadband provider shall construct and install last mile broadband infrastructure to the eligible project.
Last updated June 9, 2021 at 12:51 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4061 | Financial Responsibility Before Project Completion.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Under alternate payment term arrangements made under section 122.4025 of the Revised Code, unless otherwise negotiated, the participating legislative authorities in which the eligible project is located shall assume all financial responsibility for all of the eligible project costs incurred by the broadband provider prior to completion of the project or the award of a program grant.
Last updated June 9, 2021 at 12:37 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4063 | Ownership or Transfer of Broadband Infrastructure.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) Nothing in sections 122.40 to 122.4077 of the Revised Code entitles the state of Ohio, the development services agency, the broadband expansion program authority, or any other governmental entity to any ownership or other rights to broadband infrastructure constructed by a broadband provider pursuant to a program grant awarded to an eligible project.
(B) Nothing in sections 122.40 to 122.4077 of the Revised Code prevents an assignment, sale, change in ownership, or other similar transaction associated with broadband infrastructure constructed by a broadband provider pursuant to a program grant awarded to an eligible project. No assignment, sale, change in ownership, or other similar transaction relieves the successor of any obligation under sections 122.40 to 122.4077 of the Revised Code.
Last updated June 9, 2021 at 12:37 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4070 | Annual and Operational Reports.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) Each broadband provider that receives a program grant shall submit to the development services agency an annual progress report on the status of the deployment of the broadband network described in the eligible project for which the program grant award was made.
(B) The broadband provider shall submit an operational report with the agency not later than sixty days after the completion of the project and annually thereafter for a period of four years.
Last updated June 9, 2021 at 12:38 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4071 | Report Contents and Public Availability.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The reports required under section 122.4070 of the Revised Code and except as provided in section 122.4075 of the Revised Code, all information and documents in them shall be in a format specified by the department of development and shall be publicly available on the department's web site.
(B) In each report, the broadband provider shall include an account of how program grant funds have been used and the project's progress toward fulfilling the objectives for which the program grant was awarded. The reports, at a minimum, shall include the following:
(1) The number of residential addresses that have access to tier two broadband services as a result of the eligible project;
(2) The number of residential addresses that are not funded directly by the grant program but have access to tier two broadband service as a result of the eligible project;
(3) The upstream and downstream speed of the broadband service provided;
(4) The average price of broadband service;
(5) The number of broadband service subscriptions attributable to the program grant.
Last updated September 19, 2023 at 12:59 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4073 | Due Date and Extensions for Reports.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
The development services agency may set a due date for the reports required under section 122.4070 of the Revised Code and, for good cause shown, may grant extensions of the report due dates.
Last updated June 9, 2021 at 12:38 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4075 | Reports, Documents Confidential.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
Reports required under section 122.4070 of the Revised Code, and all information and documents in them, shall be maintained on a confidential basis by the development services agency and shall not be published on the agency's web site until the agency determines what information or documents are not confidential pursuant to section 122.4023 of the Revised Code.
Last updated June 9, 2021 at 12:53 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4076 | Annual Program Report by Authority.

Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
(A) The broadband expansion program authority shall complete an annual report for the Ohio residential broadband expansion grant program. The report shall evaluate the success of the program grants awarded under section 122.4043 of the Revised Code in making tier two broadband services available to unserved and tier one areas. The report shall include the following information:
(1) The number of applications received;
(2) The number of applications that received program grants;
(3) The amount of broadband infrastructure constructed for eligible projects;
(4) The number of residential addresses receiving, for that year, tier two broadband service for the first time under the program;
(5) Findings and recommendations that have been agreed to by a majority of the authority members.
(B) The report shall be published on the department of development's web site and shall be included as part of the department's annual report filed under section 121.18 of the Revised Code. The authority shall present the report annually to the governor and the general assembly not later than the first of December of each calendar year.
Last updated September 19, 2023 at 1:00 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.4077 | Residential Broadband Expansion Grant Rules.

Effective:
May 17, 2021
Latest Legislation:
House Bill 2 - 134th General Assembly
(A) The development services agency shall adopt rules for the Ohio residential broadband expansion grant program. The rules shall establish an application form and application procedures for the program and procedures for periodic program grant disbursements.
(B) The rules may include the following:
(1) Requirements for a program application in addition to the requirements described in section 122.4020 of the Revised Code;
(2) Procedures for and circumstances under which partial funding of applications is permitted;
(3) Procedures for broadband expansion program authority meetings, extension periods for applications and application challenges, hearings, and opportunities for public comment.
(C) The agency may adopt rules and procedures to implement sections 122.4051, 122.4053, and 122.4055 of the Revised Code.
(D) Rules adopted under this section are not subject to section 121.95 of the Revised Code.
(E) The agency and the authority are not subject to division (F) of section 121.95 of the Revised Code regarding the development and adoption of rules pursuant to this section.
Last updated June 9, 2021 at 12:54 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.41 | Director's Powers and Duties Under Chapter 122.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
The director of development services is invested with the powers and duties provided in Chapter 122. of the Revised Code, in order to promote the welfare of the people of the state, to stabilize the economy, to provide employment, to assist in the development within the state of industrial, commercial, distribution, and research activities required for the people of the state, and for their gainful employment, or otherwise to create or preserve jobs and employment opportunities, or improve the economic welfare of the people of the state, and also to assist in the financing of air, water, or thermal pollution control facilities and solid waste disposal facilities by mortgage insurance as provided in section 122.451 of the Revised Code. It is hereby determined that the accomplishment of such purposes is essential so that the people of the state may maintain their present high standards in comparison with the people of other states and so that opportunities for employment and for favorable markets for the products of the state's natural resources, agriculture, and manufacturing shall be improved and that it is necessary for the state to establish the programs authorized pursuant to Chapter 122. of the Revised Code and invest the director of development services with the powers and duties provided in Chapter 122. of the Revised Code. The powers granted to the director by Chapter 165. of the Revised Code are independent of and in addition and alternate to, and are not limited or restricted by, Chapter 122. of the Revised Code.
Last updated June 3, 2021 at 4:21 PM
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.44 | Terms of Loans.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
Fees, charges, rates of interest, times of payment of interest and principal, and other terms, conditions, and provisions of the loans made by the director of development services pursuant to sections 122.39 and 122.41 to 122.62 of the Revised Code shall be such as the director determines to be appropriate and in furtherance of the purpose for which the loans are made, but the mortgage lien securing any money loaned by the director may be subordinate to the mortgage lien securing any money loaned or invested by a financial institution, but shall be superior to that securing any money loaned or expended by any other corporation or person. The funds used in making such loans shall be disbursed upon order of the director.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.451 | Insuring Mortgage Payments.

Effective:
July 14, 1983
Latest Legislation:
Senate Bill 227 - 115th General Assembly
Upon application of any person, partnership, or corporation, or upon application of any community improvement corporation organized as provided in section 1724.01 of the Revised Code, the director of development, with controlling board approval, may, pledging therefor moneys in the mortgage insurance fund created by section 122.561 of the Revised Code, insure or make advance commitments to insure not more than ninety per cent of any mortgage payments required. Before insuring any such mortgage payments the director shall determine that:
(A) The project, in accordance with Section 13 of Article VIII, Ohio Constitution, will create or preserve jobs and employment opportunities, or improve the economic welfare of the people of the state, or be an air quality facility, waste water facility, or solid waste facility, as defined in section 3706.01, 6121.01, or 6123.01 of the Revised Code.
(B) The principal obligation, including initial service charges and appraisal, inspection, and other fees approved by the director, does not exceed one hundred per cent of the cost of the project.
(C) The mortgage has a satisfactory maturity date in no case later than twenty-five years from the date of the insurance.
(D) The mortgagor is responsible and able to meet the payments under the mortgage.
(E) The mortgage contains complete amortization provisions satisfactory to the director requiring periodic payments by the mortgagor which may include principal and interest payments, cost of local property taxes and assessments, land lease rentals, if any, and hazard insurance on the property and such mortgage insurance premiums as are required under section 122.561 of the Revised Code, all as the director from time to time prescribes or approves.
(F) The mortgage is in such form and contains such terms and provisions with respect to property insurance, repairs, alterations, payment of taxes and assessments, default reserves, delinquency charges, default remedies, anticipation of maturity, additional and secondary liens, and other matters as the director may prescribe.
The director may take assignments of insured mortgages and other forms of security and may take title by foreclosure or conveyance to any project when an insured mortgage loan thereon is clearly in default and when in the opinion of the director such acquisition is necessary to safeguard the mortgage insurance fund, and may sell, or on a temporary basis lease or rent, such project.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.47 | Issuing Bonds.

Effective:
January 1, 1995
Latest Legislation:
Senate Bill 226 - 120th General Assembly
At the request of the director of development, the treasurer of state shall issue revenue bonds of the state for the purpose of acquiring moneys for the purposes of this chapter, which moneys shall be credited by the treasurer of state as the director of development shall determine to and among the funds established in accordance with or pursuant to sections 122.35, 122.42, 122.54, 122.55, 122.56, 122.561, and 122.57 of the Revised Code. The principal of and interest on such revenue bonds shall be payable solely from the sinking funds established in accordance with section 122.57 of the Revised Code at the times and in the order and manner provided in the bond issuing proceedings or in any trust agreements securing such bonds, and shall be secured by the revenue bond guaranty fund established in accordance with section 122.571 of the Revised Code and shall also be secured by moneys in the other funds established by the director to the extent and on the terms he specifies and by covenants of the director that he will so manage the loans and leases and fix interest rates, charges, and rentals so as to assure receipt of net income and revenue sufficient to provide for the payment of the principal of and the interest on the revenue bonds.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.49 | Using Bond Proceeds.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
The proceeds of each issue of revenue bonds issued pursuant to sections 122.39 and 122.41 to 122.62 of the Revised Code shall be used for the making of loans authorized in sections 122.43 and 122.45 of the Revised Code, for the purchase and improvement of property authorized in section 122.46 of the Revised Code, for insuring mortgage payments authorized in section 122.451 of the Revised Code, and for the crediting into and among the funds established in accordance with sections 122.35, 122.54, 122.55, 122.56, 122.561, and 122.57 of the Revised Code, but subject to such conditions, limitations, and covenants with the purchasers and holders of the bonds as shall be provided for in the bond authorization proceedings and in the trust agreement securing the same.
Provision shall be made by the director of development services for the payment of the expenses of the director in operating the assistance programs authorized under this chapter in such manner and to such extent as shall be determined by the director.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.50 | Bonds Not a Debt of State.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
Revenue bonds issued under sections 122.39 and 122.41 to 122.62, inclusive, of the Revised Code, do not constitute a debt, or a pledge of the faith and credit, of the state or of any political subdivision thereof, but such bonds shall be payable solely from the funds pledged for their payment as authorized by such sections, or by funds derived from the issuance of refunding bonds as authorized in section 122.52 of the Revised Code, which refunding bonds shall be payable solely from funds pledged for their payment as authorized by such section. All such revenue bonds shall contain on the face thereof a statement to the effect that the bonds, as to both principal and interest, are not an obligation of the state or of any political subdivision thereof, but are payable solely from revenues pledged for their payment.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.51 | Bonds Are Lawful Investments.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
All revenue bonds issued under sections 122.39 and 122.41 to 122.62, inclusive, of the Revised Code, are lawful investments of banks, building and loan and savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, trustees or other officers having charge of sinking or bond retirement funds of municipal corporations and other subdivisions of this state, and of domestic insurance companies notwithstanding sections 3907.14 and 3925.08 of the Revised Code, and are acceptable as security for the deposit of public moneys.
2023 Ohio Revised Code › Title 1 | State Government › Chapter 122 | Department of Development › Section 122.52 | Issuing Revenue Refunding Bonds.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 314 - 129th General Assembly
The director of development services may provide for the issuance of revenue refunding bonds of the state by the treasurer of state, payable solely from the sinking funds established in accordance with section 122.51 of the Revised Code at the times and in the order and manner provided by the director and in any trust agreement securing such bonds and shall also be secured by moneys in the other funds established pursuant to sections 122.39 and 122.41 to 122.62 of the Revised Code to the extent and on the terms specified by the director, for the purpose of refunding any revenue bonds then outstanding which have been issued under sections 122.39 and 122.41 to 122.62 of the Revised Code, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds. The issuance of such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the director and treasurer of state in respect to such bonds shall be governed by such sections insofar as they are applicable.