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2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.04 | Plan for Construction and Operation of Intercity Conventional or High Speed Passenger Transportation System.

Effective:
June 30, 2023
Latest Legislation:
House Bill 23 - 135th General Assembly
(A) The Ohio rail development commission shall prepare a plan for the construction and operation of an intercity conventional or high speed passenger transportation system in this state. The system shall be constructed and operated by the commission or its designees. The plan for construction and operation shall be based on existing studies, and shall state that the system will connect any points in Ohio and nearby states as determined by the commission. The plan shall include the following information:
(1) The route alignment of the proposed system;
(2) The proposed technology;
(3) The size, nature, and scope of the proposed system;
(4) The sources of the public and private revenue needed to finance the system;
(5) The projected ability of all revenue sources to meet both capital and operating funding requirements of the proposed system;
(6) The construction, operation, and management plan for the system, including a timetable for construction and the proposed location and number of transit stations considered necessary;
(7) The likelihood that Ohio-based corporations will be used to manufacture or supply components of the proposed system;
(8) The likelihood that additional or subsidiary development will be generated;
(9) The extent to which the proposed system will create an additional or reduced demand for sources of energy;
(10) Any changes in the law necessary to implement the proposed system;
(11) The proposed system's impact on the economy of the state and on the economic and other public policies of the state.
The commission may revise any plan of the Ohio high speed rail authority or may submit a separate plan for construction and operation and a funding request to the governor, the speaker of the house of representatives, and to the president of the senate. Any plan for an intercity conventional or high speed passenger transportation system submitted by the commission pursuant to this section shall not propose the operation of such a system by the state other than through the commission.
Last updated April 27, 2023 at 12:22 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.05 | Application for Loans or Other Assistance.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) Any local or regional transportation authority may apply for a rail service continuation subsidy, acquisition or modernization loan, or any other assistance provided by the Regional Rail Reorganization Act for the purpose of providing any rail service that is consistent with rail service provided under this chapter. Any local or regional transportation authority may exercise, or may be created to exercise, such authority, administrative jurisdiction, and fiscal control as is necessary to obtain such assistance and provide such rail service.
(B) For the purposes of this section, "transit system" as used in section 306.04 of the Revised Code, and "transit facility" as used in sections 306.30 and 306.81 of the Revised Code, include rail service.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.06 | Acquiring Property, Facilities, or Equipment.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) The Ohio rail development commission may purchase or lease any portion of the rail property of a railroad corporation, and may purchase or lease any other property, facilities, or equipment considered necessary by the commission for the operation of rail services, and the maintenance of track and other rail property. For the purpose of acquiring such property the commission may obtain acquisition loans from the federal government.
(B) Where it is necessary for the purpose of implementing rail service under this chapter, the commission, with the approval of the director of transportation, may appropriate real property. All such appropriations shall be made pursuant to sections 163.01 to 163.22 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.07 | Restoration, Repair, Relocation, or Upgrading Rail Property.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) The Ohio rail development commission may restore, repair, relocate, or upgrade any rail property purchased, leased, or maintained by the commission. The commission may restore, repair, relocate, or upgrade any rail property owned by another person as long as such action is necessary for the efficient operation of rail services provided by the commission. The commission may obtain modernization loans from the federal government to restore or repair rail property acquired by the commission for the purpose of implementing rail service.
(B) The commission may operate any rail property acquired by it over track owned or leased by the commission, or over track owned by another person pursuant to an agreement with that person as long as such action is necessary for the efficient operation of rail service provided by the commission pursuant to this chapter.
(C) The commission may enter into agreements with the department of transportation, boards of county commissioners, boards of township trustees, legislative authorities of municipal corporations, with other governmental agencies or organizations, and with private corporations or organizations in order to facilitate implementation of rail service.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.08 | Sale, Transfer, or Lease of Rail Property.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) The Ohio rail development commission may sell, transfer, or lease any of the rail property that it possesses to any person for the continuation and operation of any rail service that is provided for pursuant to this chapter.
(B) The commission may assist any person to obtain an order or certificate required by the interstate commerce commission for the performance of rail services in this state.
(C) The commission may cooperate with other states in carrying out the provisions of this chapter and may enter into any agreements with other states for the operation of rail services, including the joint purchasing or leasing of rail property.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.09 | Rail Development Fund.

Effective:
September 29, 1999
Latest Legislation:
House Bill 283 - 123rd General Assembly
There is hereby created in the state treasury the rail development fund. The fund shall consist of such moneys as may be provided by law, including moneys received from the sale, transfer, or lease of any rail property pursuant to section 4981.08 of the Revised Code. Moneys in the fund shall be used for the purpose of acquiring, rehabilitating, or developing rail property or service, or for participation in the acquisition of rail property with the federal government, municipal corporations, townships, counties, or other governmental agencies. For the purpose of acquiring such rail property, the Ohio rail development commission may obtain acquisition loans from the federal government or from any other source.
The fund shall also be used to promote, plan, design, construct, operate, and maintain passenger and freight rail transportation systems, and may be used to pay the administrative costs of the Ohio rail development commission associated with conducting any authorized rail program, and for any purpose authorized by sections 4981.03 and 5501.56 of the Revised Code. The fund shall not be used to provide loan guarantees.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.091 | Federal Rail Fund.

Effective:
September 16, 1998
Latest Legislation:
House Bill 770 - 122nd General Assembly
There is hereby created in the state treasury the federal rail fund. The fund shall consist of money received pursuant to section 4981.08 of the Revised Code and such other money as may be provided by law. The fund shall be used to acquire, rehabilitate, or develop rail property or service; to participate in the acquisition of rail property with the federal government, municipal corporations, townships, counties, or other governmental agencies; and to promote, plan, design, construct, operate, and maintain passenger and freight rail transportation systems. The fund also may be used to pay the administrative costs of the Ohio rail development commission associated with conducting any authorized rail program, and for any purpose authorized by sections 4981.03 and 5501.56 of the Revised Code. The fund shall not be used to provide loan guarantees. Investment earnings on moneys credited to the fund shall be retained by the fund.
In acquiring rail property, the Ohio rail development commission may obtain acquisition loans from the federal government or from any other source.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.10 | Conditions for Purchasing Property, Facilities or Equipment.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
As long as such action does not violate covenants made on behalf of or for the benefit of the holders of bonds, notes, or other obligations of the Ohio rail development commission, the Ohio rail development commission may purchase any portion of the rail property of a railroad corporation and may purchase any other property, facilities, or equipment considered necessary by the commission for the operation of rail services, subject to the following conditions:
(A) Upon inspection of the rail property the commission determines that the rail property is suitable for the efficient operation of rail services;
(B) The controlling board approves the purchase of the rail property by an affirmative vote of no fewer than five members.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.131 | Borrowing and Bond Power Not Exclusive.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) The power and authority provided by this chapter to qualifying subdivisions and local or regional transportation authorities to borrow for permitted loan purposes is in addition and supplemental to, not in derogation of, any other power or authority provided by law for the same or similar purposes, and this chapter provides to qualifying subdivisions or local or regional transportation authorities alternative, not exclusive, means of accomplishing those purposes.
(B) Chapter 133. of the Revised Code shall not apply to issuance of bonds by the Ohio rail development commission or to the authorizing, obtaining, or incurring of any general obligation loan or special revenue loan or to its entering into any participation agreement or delivering any such other instrument to the commission in connection therewith, by any qualifying subdivision or local or regional transportation authority, except to the extent, if any, that provisions of Chapter 133. of the Revised Code are expressly made applicable thereto by this chapter or by the bond proceedings applicable to the bonds from the proceeds of which such loan was made.
(C) For purposes of division (A) of section 5705.41 of the Revised Code, the authorization by a qualifying subdivision or local or regional transportation authority of a loan from the commission pursuant to section 4981.12 of the Revised Code shall be deemed to be the authorization of a bond issue, and the purpose for which such loan was obtained shall be deemed to be the purpose for which such bonds were issued. For purposes of division (D) of section 5705.41 of the Revised Code, the proceeds to be derived from a loan authorized by a qualifying subdivision or local or regional transportation authority to be obtained pursuant to section 4981.12 of the Revised Code shall be deemed to be proceeds to be derived from authorized bonds.
(D) Sections 4981.01 to 4981.26 of the Revised Code shall be liberally construed to effect the purposes described in section 1.11 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.16 | Determinations in Connection With Issuance of Bonds.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
The Ohio rail development commission may make the following determinations in connection with any issuance of its bonds:
(A) The number, location, and other characteristics of projects, including to the extent reasonably possible, assurance that the projects to be financed by bonds will create or preserve jobs and employment opportunities or improve the economic welfare of the people of the state;
(B) Eligibility requirements, including requirements for credit worthiness, for projects for which loans are made from proceeds of the bonds. In determining eligibility requirements the issuer shall take into consideration all of the following factors:
(1) The length of time any borrower has been engaged in rail service;
(2) The net income or net worth of any borrower;
(3) The availability or feasibility of alternative financing methods for any borrower;
(C) The type and amount of collateral, security, or credit enhancement to be provided to assure repayment of loans or of bonds;
(D) The amounts and types of insurance coverage required on projects and loans;
(E) Any other matters relating to the exercise of the powers or duties of the issuer under sections 4981.11 to 4981.26 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.17 | Securing Bonds by Trust Agreement or Indenture of Mortgage.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) In the discretion of the Ohio rail development commission, the bonds may be secured by a trust agreement or indenture of mortgage between the issuer and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without this state but authorized to exercise trust powers within this state.
(B) Any such trust agreement or indenture of mortgage may contain the resolution or ordinance authorizing the issuance of the bonds and other provisions that are customary or appropriate in an agreement or indenture of such type, including, but not limited to:
(1) A pledge of the rentals, revenues, and other income, charges, and moneys out of which the principal of and interest on the bonds shall be payable and a mortgage of all or any part of the pledged facilities, including any enlargements of and additions to such pledged facilities thereafter made;
(2) Maintenance of each pledge, trust agreement, and indenture of mortgage made for the security of any of the bonds until the issuer has fully paid the principal of and interest on the bonds, or provision therefor has been made, for the security of which the pledge has been made and the trust agreement or indenture of mortgage has been given;
(3) In the event of default in any payments required to be made by the bond proceedings or any other agreement of the issuer made as a part of the contract under which the bonds were issued, enforcement of such payments or agreement by mandamus, the appointment of a receiver in equity, or if a mortgage has been given, the foreclosure of such mortgage or any combination of the foregoing;
(4) The rights and remedies of the bondholders and of the trustee and provisions for protecting and enforcing them, including limitations on rights of individual bondholders;
(5) Such other provisions as the trustee, the original purchaser of the bonds, and the issuer agree upon.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.18 | Protection and Enforcement of Rights of Bondholder and Trustees.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) Any holder of bonds issued pursuant to sections 4981.11 to 4981.26 of the Revised Code or a trustee under a trust agreement or indenture of mortgage entered into pursuant to section 4981.17 of the Revised Code, except to the extent that their rights are restricted by the bond proceedings or by the terms of the bonds, may by any suitable form of legal proceedings, protect and enforce any rights under the laws of this state or granted by the bond proceedings. Such rights include the right to compel the performance of all duties of the Ohio rail development commission required by sections 4981.11 to 4981.26 of the Revised Code or the bond proceedings; to enjoin unlawful activities; and in the event of default with respect to the payment of any principal of and interest on any bond or in the performance of any covenant or agreement on the part of the issuer in the resolution, ordinance, trust agreement, or indenture, to apply to a court having jurisdiction of the cause to appoint a receiver to administer and operate the pledged facilities, the rentals, revenues, and other income, charges, and moneys of which are pledged to the payment of principal of and interest on such bonds or which are the subject of the covenant or agreement, with full power to pay, and to provide for payment of, principal of and interest on such bonds, and with such powers, subject to the direction of the court, as are accorded receivers in general equity cases, excluding any power to pledge additional rentals, revenues, or other income, charges, or moneys of the issuer, including those derived from taxation, to the payment of such principal and interest; and to foreclose the mortgage on the pledged facilities in the same manner as for real estate of private corporations.
(B) No law heretofore or hereafter enacted providing for a moratorium, postponement, or restraint upon the rights or remedies of a mortgagee or secured party to enforce a security interest, whether by foreclosure, collection or taking possession, judicial or other sale or disposition, or by any other means, shall apply to a security interest in all or any part of pledged facilities or in any way restrict, preclude, or otherwise impair the rights or remedies of the holders of bonds issued under sections 4981.11 to 4981.26 of the Revised Code or of any insurer, guarantor, or provider of a letter of credit or other credit facility or security enhancement arrangement pertaining to loans made or bonds issued under sections 4981.11 to 4981.26 of the Revised Code. The provisions of this division may be included as a covenant in any agreement with the holders of bonds or any insurer, guarantor, or provider of a letter of credit or other credit facility or security enhancement arrangement pertaining to loans made or bonds issued under sections 4981.11 to 4981.26 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.19 | Bonds Are Lawful Investments.

Effective:
November 2, 1999
Latest Legislation:
House Bill 222 - 123rd General Assembly
All bonds issued under sections 4981.11 to 4981.26 of the Revised Code 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, notwithstanding any other provision of the Revised Code or rules adopted pursuant thereto by any governmental agency of the state with respect to investments by them, and are acceptable as security for the deposit of public moneys.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.20 | Rail Development Commission Property Subject to Taxation and Zoning, Planning, and Building Regulations and Fees.

Effective:
October 21, 2003
Latest Legislation:
Senate Bill 37, House Bill 95 - 125th General Assembly
(A) Any real or personal property, or both, of the Ohio rail development commission that is acquired, constructed, reconstructed, enlarged, improved, furnished, or equipped, or any combination thereof, and leased or subleased under authority of sections 4981.11 to 4981.26 of the Revised Code shall be subject to ad valorem, sales, use, and franchise taxes and to zoning, planning, and building regulations and fees, to the same extent and in the same manner as if the lessee-user or sublessee-user thereof, rather than the issuer, had acquired, constructed, reconstructed, enlarged, improved, furnished, or equipped, or any combination thereof, such real or personal property, and title thereto was in the name of such lessee-user or sublessee-user.
The transfer of tangible personal property by lease or sublease under authority of sections 4981.11 to 4981.26 of the Revised Code is not a sale as used in Chapter 5739. of the Revised Code. The exemptions provided in divisions (B)(1) and (13) of section 5739.02 of the Revised Code shall not be applicable to purchases for a project under sections 4981.11 to 4981.26 of the Revised Code.
The issuer shall be exempt from all taxes on its real or personal property, or both, which has been acquired, constructed, reconstructed, enlarged, improved, furnished, or equipped, or any combination thereof, under sections 4981.11 to 4981.26 of the Revised Code so long as such property is used by the issuer for purposes that would otherwise exempt such property; has ceased to be used by a former lessee-user or sublessee-user and is not occupied or used; or has been acquired by the issuer but development has not yet commenced. The exemption shall be effective as of the date the exempt use begins. All taxes on the exempt real or personal property for the year should be prorated and the taxes for the exempt portion of the year shall be remitted by the county auditor.
(B) Bonds issued under sections 4981.11 to 4981.26 of the Revised Code, the transfer thereof, and the interest and other income from the bonds, including any profit made on the sale thereof, are free from taxation within the state.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.21 | Special Assessment Installments.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
When a special assessment is made on real property owned by the Ohio rail development commission and leased under authority of sections 4981.11 to 4981.26 of the Revised Code, the installments of the assessment shall be paid by the lessee of such real property so long as such property is leased and any installment thereof remaining unpaid at the termination of any such lease shall thereafter be paid by the issuer so long as such property is owned by it.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.22 | Issuing Refunding Bonds.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
The Ohio rail development commission may issue refunding bonds to refund any bonds it previously issued under sections 4981.11 to 4981.26 of the Revised Code, for any of the following purposes:
(A) Refunding bonds which have matured or are about to mature when the rentals, revenues, and other income, charges, and moneys pledged for the payment of such bonds are insufficient to pay bonds which have matured or are about to mature or to make payments to other funds required by the bond proceedings;
(B) Refunding any bonds as an incident to providing funds for reconstructing, enlarging, improving, or providing additional furnishings or equipment for the pledged facilities as to bonds originally issued under sections 4981.11 to 4981.26 of the Revised Code;
(C) Refunding all of the outstanding bonds of any issue, both matured and unmatured, when the rentals, revenues, or other income, charges, or moneys pledged for the payment of such bonds are insufficient to pay bonds which have matured or are about to mature or to make payments to other funds required by the bond proceedings, if such outstanding bonds can be retired by call, at maturity, or with the consent of the holders thereof, whether from the proceeds of the sale of the refunding bonds or by exchange for the refunding bonds, provided that the principal amount of refunding bonds shall not exceed in amount the aggregate of the par value of the bonds to be retired, any redemption premium, past due and future interest to the date of maturity or proposed redemption that cannot otherwise be paid, and funds, if any, to reconstruct, enlarge, improve, furnish, or equip, or any combination thereof, the pledged facilities as to bonds originally issued under sections 4981.11 to 4981.26 of the Revised Code;
(D) Refunding any bonds of the issuer previously issued when the refunding bonds will bear interest at a lower rate than the bonds to be refunded, or when the interest cost of the refunding bonds computed to absolute maturity will be less than the interest cost of the bonds to be refunded, or when the average life of the refunding bonds will be greater than the remaining average life of the bonds to be refunded.
Refunding bonds issued pursuant to this section shall mature not later than thirty years from date of issue. Except as provided in this section, the terms of the issuance and sale of refunding bonds shall be as provided in sections 4981.11 to 4981.26 of the Revised Code for an original issue of bonds.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.24 | Conveying Public Property to Rail Development Commission.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
Any political subdivision, taxing district, or other public body of this state, without competitive bidding, may convey or exchange with the Ohio rail development commission, for use in connection with a project, any or all of its interests in real or personal property, or both, not needed by the grantor. The interest in such property to be conveyed shall be appraised at its fair market value and such appraisal value shall be the conveyance price. The appraised fair market value of any property exchanged under this section shall be substantially equal to the aggregate of the appraised fair market value of the property for which it is exchanged and any moneys paid to the grantor in consideration of such exchange. The political subdivision, taxing district, or other public body shall prescribe the form of its deed.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.25 | Designation of Corporation as Agent of State.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
In accordance with Section 13 of Article VIII, Ohio Constitution, the state, acting through the Ohio rail development commission, for the purpose of implementing rail service, may by resolution designate a corporation organized under Chapter 1702. or 1724. of the Revised Code as its agency to acquire, construct, reconstruct, enlarge, improve, furnish, or equip and to sell, lease, exchange, or otherwise dispose of property and facilities within the state for industry, commerce, distribution, and research; may approve such corporation and obligations of the corporation issued by it for one or more such purposes; and may have a beneficial interest in such corporation including the right to the property financed by such obligations on the retirement of such obligations, or by acquiring such property for endowment or similar uses or benefits or for ultimate direct use by it, subject to any lease or mortgage securing such obligations.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.26 | Waiver of Other Laws.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) A project of the Ohio rail development commission shall not be subject to the requirements relating to public buildings, structures, grounds, works, or improvements imposed by section 125.81, 713.02, or 713.25 of the Revised Code or any other similar requirements that may be lawfully waived by this section.
(B) A project of the commission shall be constructed, reconstructed, enlarged, improved, furnished, or equipped and shall be leased, sold, or otherwise disposed of in the manner determined by the issuer in its sole discretion and any requirement of competitive bidding or other restriction, which may be lawfully waived by this section, imposed on the procedure for award of contracts for such purpose or the lease, sale, or other disposition of property of the issuer is not applicable to any action taken under sections 4981.11 to 4981.26 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.28 | Development of Rail Service by Private Corporations.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) The general assembly hereby finds and declares that it is in the public interest for private corporations or organizations to participate in the providing of rail service through the financing, design, construction, reconstruction, operation, and maintenance by private persons of all or part of a rail system, whether as system owners, lessees from the Ohio rail development commission, or agents for the commission.
(B) To the extent that any provisions of sections 4981.28 to 4981.34 of the Revised Code conflict with any state or local statute, regulation, or ordinance, the provisions of sections 4981.28 to 4981.34 of the Revised Code are controlling.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.29 | Encouraging Private Participation.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) In addition to the powers contained in section 4981.14 of the Revised Code, the Ohio rail development commission may do all of the following:
(1) Notwithstanding division (A) of section 4981.04 of the Revised Code, adopt a plan for private participation in the financing, design, construction, and operation of all or part of a rail system;
(2) Grant franchises for terms of up to fifty years and enter into franchise agreements with private corporations or organizations in connection therewith. A franchise may be awarded for the entire rail system or for a designated portion of the system, such as a corridor.
(3) Use, close, relocate, or alter the grade of existing streets or highways or facilities of public utilities, and otherwise ensure compatibility of operation of public facilities with a franchise, whether in connection with the exercise of the commission's power to appropriate property or otherwise;
(4) Consult with and receive services from other state agencies and political subdivisions in connection with the planning, financing, construction, and operation of the rail system;
(5) In accordance with Chapter 163. of the Revised Code, and subject to the approval of the director of transportation, appropriate at a franchisee's expense real property that it may transfer to the franchisee, if the franchisee previously has made reasonable efforts to obtain the property in question through good-faith negotiations;
(6) Make proceeds of bonds issued pursuant to section 4981.15 of the Revised Code available for financing of all or part of a privately operated rail system, and serve as the issuer of bonds to fund loans it may make to private corporations and organizations under sections 4981.01 to 4981.26 of the Revised Code;
(7) Preserve and defend the confidentiality of trade secrets and proprietary information received from private corporations or organizations;
(8) Enter into any indemnification agreements that are necessary to reimburse a franchisee for any injuries or losses suffered by any person and for which the franchisee is liable and must pay money damages, if the injuries or losses are of such a nature that, if the commission were the responsible party instead of the franchisee, the commission would not be liable for the injuries or losses due to any immunity it enjoys under the laws of this state.
(B) The commission shall not regulate the rates or fares charged by a franchisee or the return on investment received by a franchisee, provided the rates are not discriminatory and overall return is not unreasonable. The commission shall not regulate operations of a franchisee so long as the franchisee operates in accordance with all applicable safety standards.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.30 | Applying for and Award of Franchises.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) The Ohio rail development commission, in accordance with Chapter 119. of the Revised Code, shall adopt, and may amend and rescind, rules governing the process whereby a private corporation or organization may apply to the commission for a franchise for all or part of a rail system. The rules also shall establish the financial and technical criteria upon which a franchise is awarded. The criteria may include all of the following:
(1) The qualifications of each applicant, including the familiarity of the applicant with the transportation needs and resources of the state and the applicant's prior involvement and experience with respect to the development of rail service in this state;
(2) The level of transport services offered;
(3) The technology proposed;
(4) The timetable for construction;
(5) The construction, operation, and management plans;
(6) The financial plan and the applicant's financial ability to provide reliable service;
(7) Whether the proposed rail system will meet all applicable state and federal safety requirements;
(8) Any legislative changes that may be necessary in order to implement the applicant's proposal;
(9) Any plans and studies prepared for the commission;
(10) The projected ability of each applicant's proposed revenue sources to meet projected capital and operating funding requirements.
(B) The commission may solicit letters of intent from private corporations or organizations interested in applying for a franchise, and may require that a nonrefundable fee be submitted with the letter of intent. Any such fee may be applied against costs the commission incurs in evaluating applications and for subsequent administration of a franchise.
(C) The commission may request proposals to be delivered for a franchise to construct, operate, and maintain the rail system or a portion thereof.
(D) All applications for a franchise shall address the items contained in divisions (A)(1) to (11) of section 4981.04 of the Revised Code.
(E) The commission shall notify all prospective bidders for a franchise that any private corporation or organization that is awarded a franchise with respect to the 3-C corridor shall be obligated to reimburse the commission for amounts payable by the commission, up to a maximum of one million five hundred thousand dollars, arising out of commitments of the commission in connection with the preparation of the plan under section 4981.04 of the Revised Code, and out of other pre-existing contractual arrangements of the commission with respect to the 3-C corridor.
(F) The commission may award a franchise for the rail system or a portion of the system to the applicant the commission determines is best qualified, in accordance with standards for evaluation of applicants established by rule and previously announced.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.33 | Review and Monitoring of Franchisee.

Effective:
October 20, 1994
Latest Legislation:
House Bill 250 - 120th General Assembly
(A) The Ohio rail development commission shall review all plans and specifications of a franchisee for its portion of a rail system to ensure that the plans and specifications conform to commission standards, and shall inspect and approve the construction of all portions of the rail system. The commission shall assume responsibility for and indemnify any franchisee for third-party claims arising out of franchisee design and construction activities performed without fault that have been reviewed and approved by the commission.
(B) The commission shall monitor maintenance practices of a franchisee or its operator to secure and maintain safety and efficiency in the operation of those portions of the rail system operated by the franchisee.
(C) All rules adopted by the commission affecting the rail system or franchises shall be adopted in accordance with Chapter 119. of the Revised Code.
(D) The commission shall not regulate rates and fares a franchisee charges for its portion of the rail system.
(E) The commission may require a franchisee to furnish to the commission data sufficient to enable it to verify the franchisee's compliance with all terms of its franchise agreement.
(F) Except for rules adopted by the commission or the franchisee pursuant to sections 4981.28 to 4981.34 of the Revised Code, the laws of this state relating to rail carriers apply to all portions of the rail system, and the powers of arrest of law enforcement officers on and around any portion of the rail system are the same there as elsewhere in the state.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4981 | Rail Development Commission › Section 4981.40 | Including All Federally Designated High-Speed Rail Corridors in Ohio and All Passenger Rail Corridors in Ohio Hub Study.

Effective:
July 1, 2009
Latest Legislation:
House Bill 2 - 128th General Assembly
In any overall programmatic environmental impact study or other comprehensive high-speed rail project development study, the department of transportation and the rail development commission shall include all federally designated high-speed rail corridors in Ohio and all passenger rail corridors in the Ohio hub study.
The department of transportation and the rail development commission shall work with Amtrak to examine methods to improve existing service between Toledo and Cleveland with a goal of creating optimum service to connect the planned Cleveland, Columbus, Dayton, and Cincinnati service.
The department of transportation and the rail development commission shall examine the financial and economic feasibility of developing a passenger rail system between Toledo and Columbus, including necessary characteristics of a viable connection between the cities.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4999 | Crimes Relating to Railroads › Section 4999.01 | Drawing, Driving, or Moving Vehicle on Railroad Track.

Effective:
March 15, 1993
Latest Legislation:
House Bill 667 - 119th General Assembly
No person shall draw, drive, or cause to be moved any vehicle on or between the rails or tracks or on or along the graded roadway of a railroad without the knowledge and consent of the owner or controller of such railroad, unless compelled by necessity to do so. Whoever violates this section is guilty of a minor misdemeanor.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4999 | Crimes Relating to Railroads › Section 4999.02 | Climbing Upon Railroad Cars.

Effective:
March 15, 1993
Latest Legislation:
House Bill 667 - 119th General Assembly
No person shall climb, jump, step, or stand upon, or cling or attach himself to, a locomotive, engine, or car upon the track of a railroad, unless in compliance with law or by permission under the rules of the corporation managing such railroad. Whoever violates this section is guilty of a minor misdemeanor.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4999 | Crimes Relating to Railroads › Section 4999.03 | Riding or Driving Into Enclosures of Railroads.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person shall, at a place other than a private crossing or for a purpose other than crossing a railroad, ride or drive a horse or other domestic animal into an enclosure of a railroad or knowingly permit such animal to go into or remain in such enclosure, or place feed, salt, or other thing within such enclosure to induce such animal to enter into it or upon the track of such railroad, or, while constructing a private crossing or crossing a railroad at a private crossing, permit a fence to remain down or open for a longer time than is necessary to construct or use such crossing. Whoever violates this section shall be fined not more than ten dollars or imprisoned for not less than ten nor more than thirty days.
Each ten hours such animal is knowingly permitted to remain in such enclosure or upon such track is an additional offense. Such animal is not exempt from execution for a fine or costs imposed under this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4999 | Crimes Relating to Railroads › Section 4999.04 | Failure to Stop.

Effective:
September 29, 2013
Latest Legislation:
House Bill 59 - 130th General Assembly
(A) No person in charge of a locomotive shall fail to bring the locomotive to a full stop at least two hundred feet before arriving at a crossing with another track, or proceed through the crossing before signaled to do so or before the way is clear.
(B)(1) Whoever violates this section or fails to comply with division (B)(1) of section 4955.32 of the Revised Code is guilty of a misdemeanor of the fourth degree. If the violation or failure to comply causes physical harm to any person, whoever violates this section or fails to comply with division (B)(1) of section 4955.32 of the Revised Code is guilty of a misdemeanor of the third degree.
(2) With respect to a charge of violating division (B)(1) of this section for a failure to comply with division (B)(1) of section 4955.32 of the Revised Code, it is an affirmative defense that an alternative audible warning system described in division (B)(2) of that section was activated.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4999 | Crimes Relating to Railroads › Section 4999.05 | Flagmen on Railroads.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No person or company owning, operating, or controlling a railroad shall employ as a flagman, hostler, or assistant hostler, a person who cannot read, write, and speak the English language. Whoever violates this section shall be fined not less than five hundred nor more than one thousand dollars. This section does not apply to flagmen at street or highway crossings.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4999 | Crimes Relating to Railroads › Section 4999.06 | Running Passenger Trains With Less Than Full Crew.

Effective:
January 1, 1976
Latest Legislation:
House Bill 205 - 111th General Assembly
No superintendent, trainmaster, or other employee of a railroad shall send or cause to be sent outside of yard limits, a passenger train of not more than five cars, any one of which carries passengers, with a crew consisting of less than one engineer, one fireman, one conductor, and one brakeman. If four of said cars are day coaches carrying passengers, or if in a train of more than five cars, three or more cars are day coaches carrying passengers, of if in a train of more than six cars, four cars carrying passengers, or if in a train of more than seven cars, two or more cars are carrying passengers, of if any train, six or more cars are carrying passengers, such crew shall consist of at least one additional brakeman, regularly employed as such. When such train consists of more than two cars, either of which carries passengers, no such superintendent, trainmaster, or other employee shall require a brakeman to perform the duties of baggage master or express agent. Whoever violates this section shall be fined not less than twenty-five dollars for each offense.
For the purpose of this section, a combination mail or baggage and passenger car is a day coach, but straight dining cars and private cars are not cars carrying passengers.
This section does not apply to trains picking up a car between terminals in this state, or to cars propelled by electricity.
Mayors and county court judges have jurisdiction under this section. The public utilities commission shall enforce this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4999 | Crimes Relating to Railroads › Section 4999.09 | Two-Person Crew.

Effective:
June 30, 2023
Latest Legislation:
House Bill 23 - 135th General Assembly
(A) The requirements set forth in division (B) of this section are solely related to safety, including ensuring that no train or light engine used in connection with the movement of freight in this state is left without a functional crew person as a result of a medical emergency.
(B) A train or light engine used in connection with the movement of freight shall have a crew that consists of at least two individuals. No superintendent, trainmaster, or other employee of a railroad shall order or otherwise require a train or light engine used in connection with the movement of freight to be operated unless it has a crew that consists of at least two individuals.
As used in this division, "train or light engine used in connection with the movement of freight" does not include hostler service or utility employees.
(C)(1) The public utilities commission may assess a civil penalty against a person who willfully violates division (B) of this section. If the commission assesses a civil penalty, the commission shall do so as follows:
(a) If, within three years of the violation, the commission has not previously assessed a civil penalty against the person under this section, in an amount not less than two hundred fifty, but not more than one thousand dollars;
(b) If, within three years of the violation, the commission has previously assessed one civil penalty against the person under this section, in an amount not less than one thousand, but not more than five thousand dollars;
(c) If, within three years of the violation, the commission has previously assessed two or more civil penalties against the person under this section, in an amount not less than five thousand, but not more than ten thousand dollars.
(2) The attorney general, upon the request of the public utilities commission, shall bring a civil action to collect the penalties described in division (C)(1) of this section. All penalties collected under the division shall be deposited into the state treasury to the credit of the public utilities fund created in section 4905.10 of the Revised Code.
(D) The requirements of this section do not apply on and after the date a federal law or regulation takes effect requiring a train or light engine used in connection with the movement of freight in this state to have a crew of at least two individuals.
Last updated May 3, 2023 at 1:08 PM