reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-03 - Districts; committee members

Current through all regulations passed and filed through July 1, 2024
(A) Each district committee shall provide the
			 director with the following information:
(1)
			 The name, official title, business mailing address, and business telephone
			 number of an individual residing in the district designated by the district to
			 serve as liaison between the district and the PWC and to receive oral or
			 written communications from the director or the administrator;
(2) A roster of all members of the district's
			 various committees, including the following information pertaining to each such
			 member:
(a) Mailing address and telephone
			 number;
(b) Name of committee or
			 committees of membership;
(c)
			 Appointment status under division (A) of section
			 164.04 of the Revised Code;
(d) Commencement and expiration
			 dates of term of appointment established in accordance with division (B) of
			 section 164.04 of the Revised Code.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-10 - Open meeting requirements

Current through all regulations passed and filed through July 1, 2024
(A) District public works integrating
			 committees and their sub-committees, including those required by Chapter 164.
			 of the Revised Code, county sub-committees and all other sub-committees
			 established by a district committee are public bodies, as defined in section
			 121.22 of the Revised Code,
			 whose meetings shall be open to the public at all times.
(B) A member of a district public works
			 integrating committee, or its sub-committees, must be present in person at a
			 meeting open to the public to be considered present or to vote at all meetings
			 and for the purpose of determining whether a quorum is present at the meeting.
(C) Public notice of all meetings
			 of a district public works integrating committee, or its sub-committees, shall
			 be made by the district liaison as designated in accordance with rule
			 164-1-03
			 of the Administrative Code.
(D)
			 Public notice of meetings of the Ohio public works commission shall be made by
			 its director.
(E) Public notice of
			 meetings of the Ohio small government capital improvements commission shall be
			 made by its administrator.
(F)
			 Public notice of meetings providing the day, time, place and purpose of the
			 meeting shall be posted in a place available to the public during regular
			 business hours, and shall be made orally, or in writing, to all members of the
			 public body and to any person, or the news media, requesting notification.
(G) Notification of all meetings
			 shall be made at least seventy-two hours prior to the scheduled meeting persons
			 requesting notification may be charged actual reproduction and postage costs.
(H) Meeting minutes shall be
			 promptly prepared, filed, and maintained and shall be open to public
			 inspection.
(I) Any resolution,
			 rule, or formal action of any kind is invalid unless adopted in an open
			 meeting.
Five Year Review (FYR) Dates:
				6/21/2018 and
				05/01/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 164.05
Rule
				Amplifies: 164.02,
				164.05,
				164.051,
				164.06
Prior
				Effective Dates: 04/20/1998
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-11 - Project selection criteria

Current through all regulations passed and filed through July 1, 2024
(A) In selecting projects for
			  submission to the director or the
			 administrator, district committees, executive committees, and small government
			 subcommittees, shall comply  with
			 all the requirements of divisions (B) and (D) of
			 section 164.06 of the Revised Code.
			 Any project application submitted for financial assistance by
			 such a committee shall
			 be accompanied with
			 the committee's final score for the
			 application. The committee shall retain the detailed scoring analysis for each
			 application which shall be made available to the director or the administrator
			 upon request.
(B) Each
			 district committee, executive committee, or small government subcommittee shall
			 only employ project selection criteria referenced in paragraph (A) of this
			 rule, and shall not use any of the following unrelated criteria:
(1) A preproject application determination
			 that certain subdivisions are entitled, because of their relative population
			 sizes or for any other reason, to awards of financial assistance up to a fixed
			 dollar value;
(2) Formal or
			 informal decisions to select projects for formal submission contingent upon an
			 applicant's financial or other support for the operating expenses of the
			 committees, staff, or agents of the district;
(3) A district-wide formula, whether
			 formalized or not, allocating funding entitlement amongst subdivisions on a per
			 capita basis or otherwise, except to the extent expressly authorized under
			 division (G) of section
			 164.05 of the Revised
			 Code.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-12 - Maintenance of local effort

Current through all regulations passed and filed through July 1, 2024
(A) No project application shall be submitted
			 to, or approved or recommended by, the director or administrator if it involves
			 repair, replacement, or expansion of existing infrastructure, or the addition
			 of new infrastructure, which a subdivision would have likely accomplished in
			 the absence of financial assistance under Chapter 164. of the Revised
			 Code.
(B) A project applicant, in
			 conjunction with any project application submitted to the director or the
			 administrator or to a district committee, executive committee, or small
			 government subcommittee, shall supply documentation detailing its previous two
			 years of capital improvement efforts, including brief descriptions of all
			 projects initiated or completed within that period, or both; descriptions of
			 all funding sources used in connection with each such project; and
			 quantification of all funds appropriated or expended, or both, for each such
			 project.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-13 - Useful life requirement

Current through all regulations passed and filed through July 1, 2024
(A) The director shall not approve any
			 project, or element of a project, unless it would result in infrastructure with
			 a minimum useful life of seven years as determined in accordance with generally
			 accepted engineering principles and practices within this state and taking into
			 account both the specific climatic and other environmental conditions of the
			 infrastructure's site as well as the infrastructure's full, anticipated design
			 use loads. A statement of a proposed infrastructure's useful life bearing the
			 official seal and signature of a licensed professional engineer must accompany
			 any project application submitted to the director for a project proposing the
			 infrastructure.
(B) In selecting
			 requests for financial assistance that will be formally submitted to the
			 director under section
			 164.06 of the Revised Code, a
			 district committee or executive committee shall ensure, on a dollar-weighted
			 basis, that the projects submitted
			  from the district
			 on an annual basis have, on average,
			 a
			 collective useful life of at least twenty years.
Effective: 9/10/2018
Five Year
				Review (FYR) Dates: 6/21/2018 and
				05/01/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 164.05
Rule
				Amplifies: 164.05,
				164.051,
				164.06
Prior
				Effective Dates: 06/07/1989 (Emer.), 09/18/1989,
				04/20/1998
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-14 - Repair or replacement projects versus new or expanded projects

Current through all regulations passed and filed through July 1, 2024
(A) In accordance
			 with the requirements of division (D) of section
			 164.05 of the Revised Code, the
			 director shall not approve, and the administrator shall not recommend, grants
			 for repair and replacement of existing
			 infrastructure in excess of ninety per cent of the
			 estimated total cost of
			 the repair  and
			 replacement project , or grants for new or expanded
			 infrastructure in excess of fifty per cent of the estimated
								 cost of the new or expansion elements of
			 the project cost . If a project consists of
								expansion infrastructure cost, the entire project amount shall be subject to the fifty per cent
			 limitation upon grant funding, unless the
			 applicant supplies satisfactory evidence establishing a reasonable projected
			 replacement project cost for the project. If an applicant
			 establishes to the satisfaction of the director the replacement cost of the
			 project
								, the fifty per
			 cent limitation upon grants shall apply only to
			 that portion of the expansion project cost which exceeds the projected
			 replacement project cost.
(B) The
			 director shall not approve, and the administrator shall not recommend, a
			 project that only eliminates existing infrastructure. The director shall not
			 approve, and the administrator shall not recommend, any project, or element of
			 a project, that replaces existing infrastructure with infrastructure that has a
			 designed service capacity substantially less than the designed service capacity
			 of the existing infrastructure, regardless of the relative physical dimensions
			 of the existing or replacing infrastructure, unless the applicant provides
			 satisfactory proof that the reduced service capacity is both necessary and
			 sufficient 
								to meet existing public needs for the
			 infrastructure in question.
(C) The
			 applicant shall 
								in the certified cost estimate required by rule
			 164-1-16
			 of the Administrative Code identify and delineate separately in detail, the costs involved in the project
			 
								for each of the following categories: repair project
			 cost
								and/or
			 replacement project cost, and new project
			 costand/
			 or expansion project cost. The cost estimate shall clearly identify those
			 elements of the infrastructure proposed in the project that correspond to the
			 categories referred to in this paragraph.
Effective: 9/10/2018
Five Year
				Review (FYR) Dates: 6/21/2018 and
				05/01/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 164.05
Rule
				Amplifies: 164.05,
				164.051
Prior
				Effective Dates: 06/07/1989 (Emer.),
				09/18/1989
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-15 - Applicant's share of project costs; ineligible costs

Current through all regulations passed and filed through July 1, 2024
(A) In calculating the dollar value of a
			 subdivision's contribution to a project for the purposes of divisions (D)(1)
			 and (D)(4) of section
			 164.05 of the Revised Code:
(1) The reasonable value of labor, materials,
			 and equipment shall include only labor, materials, and equipment that are
			 integral to the construction activities involved in the project; and
(2) Engineering costs shall include only
			 engineering services that are integral to the project and shall not include any
			 of a subdivision's ongoing overhead expenses involved in carrying out its
			 existing engineering services capacity.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-16 - Engineer's certified cost estimate

Current through all regulations passed and filed through July 1, 2024
(A) Each project application submitted to the
			 director or the administrator shall be accompanied by a formal detailed
			 estimate of the project's cost. The estimate must bear the official seal and
			 signature of a professional engineer who is registered under Chapter 4733. of
			 the Revised Code attesting as to the prudence of the dollar amounts contained
			 in the estimate. The estimate may be based upon a tendered bid by a qualified
			 contractor provided that the bid will remain in effect for at least forty-five
			 days following formal submission of the application by the district and
			 provided that the bid was solicited in accordance with the requirements of this
			 chapter of the Administrative Code and the requirements of Chapter 164. of the
			 Revised Code.
(B) No project
			 application shall be approved by the director or recommended by the
			 administrator unless the application complies with the cost estimate
			 requirements of paragraph (A) of this rule.
Five Year Review (FYR) Dates:
				6/21/2018 and
				05/01/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 164.05
Rule
				Amplifies: 164.05,
				164.051,
				164.06
Prior
				Effective Dates: 06/07/1989 (Emer.),
				09/18/1989
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-17 - Multi-subdivision projects

Current through all regulations passed and filed through July 1, 2024
The director shall not approve,
			 and the administrator shall not recommend, any project involving the
			 participation of two or more subdivisions  unless the project applicant supplies
			 a
			 binding agreement, signed by an authorized agent or representative of
			 each such subdivision , that the
			 subdivision  will cooperate
			 fully with the applicant, including the execution of all needed legal actions,
			 to ensure completion of the project as planned.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-18 - Funding time limitations; multi-year projects

Current through all regulations passed and filed through July 1, 2024
(A) All funding approved for projects under
			 Chapter 164. of the Revised Code and this chapter of the Administrative Code is
			 contingent upon the necessary state appropriations
			 being enacted into law. No project approval or
			 project agreement shall be construed as obligating the director or
			 administrator to authorize payments under division (A)(2) of section
			 164.05 or division (B)(2) of
			 section 164.051 of the Revised Code
			 beyond fiscal appropriation pursuant to the
			 biennial time limitations applicable to the state appropriation
			 process.
(B) Subject to the
			 limitations referred to in paragraph (A) of this rule, the director may
			 approve, or the administrator may recommend, any multi-year phased project that
			 an applicant can demonstrate, based upon sound engineering principles, to be an
			 appropriate project for such phasing.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-19 - Emergency projects

Current through all regulations passed and filed through July 1, 2024
(A) The
			 director will review a request for funding of an
			 emergency project and may approve financial assistance on an emergency
			 basis, depending
			 on the availability of funds and the need, for any project adequately
			 designed to rectify infrastructure conditions that pose an immediate threat to
			 the health, safety, and welfare of the residents within the jurisdiction of the
			 project applicant. With respect to such a project, the director may suspend any
			 provision of Chapter 164-1 of the Administrative Code as necessary to deal with
			 the emergency.
(B) In determining
			 if emergency assistance is necessary, the director
			 shall consider the following factors:
(1) The
			 extent to which other existing
			 infrastructure can meet the needs of the applicant's residents
			 being
			 served by the failing infrastructure ;
(2) The
			 ability of the applicant to meet the emergency through
			 the use of its own financial resources or through financial assistance programs
			 operated by other federal, state, or local agencies;
(3) The degree to which the applicant is
			 responsible for having created the emergency itself through neglect, inadequate
			 maintenance, or failure to plan adequately for the replacement of
			 infrastructure.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-23 - Project cost overruns and underruns

Current through all regulations passed and filed through July 1, 2024
(A) The director, pursuant to division (A)(2)
			 of section 164.05 of the Revised Code, and
			 the administrator, pursuant to division (B)(2) of section
			 164.051 of the Revised Code,
			 shall authorize payments only for work covered by a project application as
			 approved and shall authorize no payments in excess of the specific costs set
			 forth in that application. All cost overruns associated with any such project,
			 whether for work covered by the approved application or otherwise, shall be the
			 sole responsibility of the project applicant, or such other subdivisions or
			 persons as may be specified in the application. In the case of a cost underrun
			 associated with such a project, the director shall reallocate the surplus funds
			 to the state capital improvements fund created by division (A) of section
			 164.08 of the Revised Code for
			 awarding to other eligible projects situated within the district or districts
			 associated with the project. All restrictions originally imposed upon the use
			 of those funds by divisions (B) and (G) of section
			 164.08 of the Revised Code shall
			 continue to apply with respect to the reallocation of those funds required by
			 this paragraph.
(B)
			 Notwithstanding paragraph (A) of this rule, a project applicant, with the
			 approval of the district committee or executive committee, or both, may apply
			 to the director or the administrator for supplemental financial assistance
			 covering a substantial cost overrun. The director shall approve, or the
			 administrator shall recommend, such supplemental assistance only if the
			 applicant demonstrates to the director's or administrator's satisfaction that
			 such funding is necessary for the completion of the project and that the cost
			 overrun was the result of circumstances beyond the applicant's control which
			 could not have been anticipated at the time of initial application.
Five Year Review (FYR) Dates:
				6/21/2018 and
				05/01/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 164.05
Rule
				Amplifies: 164.05,
				164.051,
				164.06,
				164.08
Prior
				Effective Dates: 06/07/1989 (Emer.),
				09/18/1989
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-24 - Project audit requirements

Current through all regulations passed and filed through July 1, 2024
(A) All
			 funds paid out pursuant to division (A)(2) of section
			 164.05 and division (B)(2) of
			 section 164.051 of the Revised Code
			 shall be subject to all audit requirements applicable to state funds. All
			 audits performed in respect to funds so paid out by the director or the
			 administrator shall be performed in a manner, and at a frequency, consistent
			 with policies and procedures established by the auditor of state.
(B) A project applicant shall ensure that a
			 copy of any audit report with adverse findings 
			 prepared regarding
			 the expenditures of an approved project, regardless of whether the report
			 was prepared during the pendency of the project or following its completion, is
			 provided to the director or the administrator within ten days of the issuance
			 of the report. The project applicant simultaneously shall provide the director
			 or the administrator with its detailed responses to each and every negative or
			 adverse finding pertaining to the project and contained in the report. Such
			 responses shall indicate what steps will be taken by the applicant in remedying
			 or otherwise satisfactorily resolving each problem identified by any such
			 finding.
(C) If a project applicant
			 fails to comply with the requirements of this rule or fails to institute steps
			 designed to remedy or otherwise satisfactorily resolve problems identified by
			 negative audit findings, the director or the administrator may bar the
			 applicant from receiving further financial assistance under Chapter 164. of the
			 Revised Code until the applicant so complies or until it satisfactorily
			 resolves such findings.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-31 - Local capital improvements reports

Current through all regulations passed and filed through July 1, 2024
Each subdivision that prepares a capital improvements report,
				or an annually updated report, under division (C) of section
				164.06 of the Revised Code,
				shall supply one copy of the report to the director and one copy to the
				individual designated as liaison under rule
				164-1-03
				of the Administrative Code for the district of which the subdivision is a part.
				All such reports shall be prepared and organized in accordance with a
				
								process
				prescribed by the director under division (A)(10) of section
				164.05 of the Revised
				Code.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-32 - Minority business enterprises

Current through all regulations passed and filed through July 1, 2024
(A)
								 In awarding
			 contracts for projects to be financed, in whole or in part, under Chapter 164.
			 of the Revised Code, the subdivision shall set aside a percentage of the
			 purchases required by section
			 125.081 of the Revised Code for
			 competition by only minority business enterprises, as defined in division
			 (E)(1) of section 122.71 of the Revised Code. The
			 percentage shall be applied to the total dollar value of equipment, materials,
			 or supplies to be used to fund the project. The competitive selection
			 procedures for such purchases shall be the same as for all other purchases that
			 the subdivision is required to make, except that only minority business
			 enterprises certified by the equal employment opportunity coordinator of the
			 department of administrative services in accordance with the rules adopted
			 under division (B)(1) of section
			 123.151 of the Revised Code
			 shall be qualified to compete.
(B)
								 In the case of
			 purchases set aside pursuant to paragraph (A) of this rule, if no bid is
			 submitted by a qualified minority business enterprise, the purchase shall be
			 made according to usual procedures.
Replaces: 164-1-32
Five Year Review (FYR) Dates:
				6/21/2018 and
				05/01/2023
Promulgated
				Under: 119.03
Statutory
				Authority: 164.05
Rule
				Amplifies: 164.05,
				164.07
Prior
				Effective Dates: 06/07/1989 (Emer.), 09/27/1990,
				07/18/2013
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-33 - District administrative costs

Current through all regulations passed and filed through July 1, 2024
(A)
								The allowable expenses for each public
			 works district that may be paid from state capital improvements fund and the
			 local transportation improvement program fund pursuant to the district
			 administrative costs program shall be the total of the district administrative
			 costs in an amount as provided for by an act of the general assembly.
(B) Definitions:
(1)
									" District
			 administrative costs"are the necessary
			 direct staff and support costs, including the costs of
			 the integrating committee contractor or the integrating committee support
			 agency of the district integrating
			 committees to perform their statutory responsibilities under sections
			 164.06 and
			 164.14 of the Revised Code.
(a)
										Allowable costs
			 include those costs directly incurred as a result of the need for labor,
			 materials, supplies, equipment, travel and support services to perform the
			 statutory requirements of the district integrating committee as established by
			 sections 164.06 and
			 164.14 of the Revised Code.
			 Including:
(i)
											The cost necessary for the evaluation, ranking and selection
			 of applications submitted by subdivisions;
(ii)
											The cost
			 necessary for the district committee to assist its subdivisions in the
			 preparation and coordination of project plans;
(iii)
											The cost
			 necessary for the district to comply with reporting requirements of the Ohio
			 public works commission;
(iv)
											Reimbursement at the state mileage rate and the cost of
			 any parking fees, no other travel fees will be reimbursed;
(v)
											The actual cost
			 of photocopies and postage.
Allowable costs are limited to the
				direct costs of district administration associated with staff support and
				reimbursable expenses of an integrating committee supporting agency or
				integrating committee contractor as approved by the director. Such costs shall
				be set forth in the district administrative cost budget submitted to the
				director along with the work plan which shall delineate those services to be
				provided by any proposed integrating committee contractor or integrating
				committee supporting agency in performing the required activities of the work
				plan. Costs must be submitted within eighteen months of the project agreement
				date.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-34 - Contingency line items and change orders

Current through all regulations passed and filed through July 1, 2024
If the project agreement contains a
				contingency line item, such funds may only be used to fund expenses incurred in
				change orders.
For an expense in a change order
				relating to quantity to be eligible for payment or reimbursement, it must be
				necessary and integral to complete physical scope of the project as described
				in the project agreement. Change order expenses eligible for funding may be for
				the reconciliation of estimated quantities to those quantities of work
				performed, adjustments for contract specified payments or deductions, changes
				in the contract documents or specifications, changes in materials requirements,
				differing site condition, and revision of a contract completion date. Change
				order expenses relating to material eligible for funding are changes in
				material requirements due to unavailability of the specified material,
				acceptance of a superior material at no additional cost, and acceptance of a
				non-specification material or a cost savings achieved using a non-specification
				material incorporated into the work that is performing
				satisfactorily.
For a change order relating to a change
				in scope expenses to be eligible for payment or reimbursement, it must be
				necessary and integral to complete the physical scope of the project as
				described in the project agreement. Change order expenses associated with a
				change in scope that are not necessary for the completion of the project
				specified in the project agreement, are the responsibility of the recipient,
				unless the district integrating committee has approved such work and the
				director or administrator has amended the project agreement accordingly. Change
				order documentation must be submitted with the disbursement request that
				includes the invoice containing the change order. Documentation supporting the
				request for funding a change order that includes a change in scope must include
				a description and explanation for the change order and be signed by the
				authorized project manager certifying the change order is necessary to complete
				the project as specified in the physical scope described in the project
				agreement. Documentation will be reviewed and, at the discretion of the
				director, approved for payment or reimbursement.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-35 - District methodologies

Current through all regulations passed and filed through July 1, 2024
Districts shall, on an annual basis,
				create methodologies to be used in evaluating and ranking project applications
				submitted to the district. These methodologies shall be submitted to the
				director for review and approval or disapproval. If the director disapproves
				the submitted methodologies, the director shall communicate the reason(s) for
				disapproval to the district, and the district shall revise the methodologies
				and resubmit them to the director for approval. District methodologies must
				include a two-tier tiebreaker using the methodology's criteria. If a district
				is not going to change its methodologies, the district shall notify the
				director that the methodologies will not be changed. District proposed
				methodologies shall be submitted to the director along with the annual program
				schedule. The program schedule shall set forth the timing requirements for
				submission of applications and the processing of applications by the district
				and shall include a current roster of the district integrating committee and
				their contact information. Districts shall provide applicants with a period of
				no less than sixty days after the director's approval of their methodologies to
				accept project applications.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-36 - Engineering costs

Current through all regulations passed and filed through July 1, 2024
Eligible project costs for engineering
				services will be reviewed by the commission and evaluated according to typical
				engineering expenses as determined by the director. The project agreement shall
				specify the amount of approved engineering expenses for all phases of design
				and inspection, with each delineated separately. Any engineering cost more than
				the amount approved in the project agreement shall be the responsibility of the
				applicant.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-37 - Late loan payments and access to funds

Current through all regulations passed and filed through July 1, 2024
A local subdivision who receives loan
				funds shall take all actions necessary to ensure that timely payments are made
				on their loans as required in the loan documents and in response to biennial
				invoicing. If a local subdivision fails to make timely payments, it will not
				receive from the commission disbursements on its active projects and any
				application for funding for new projects will not be accepted in the workswise
				portal until payment is received and processed by the commission.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-38 - Loan assistance

Current through all regulations passed and filed through July 1, 2024
At the recommendation of the district
				and approval of the director, an applicant may receive funding in the form of a
				grant to pay the interest accruing on construction debt during the period of
				construction and prior to the issuance of post construction permanent financing
				by the commission. To qualify for this grant, construction must have commenced
				within three years prior to the date of the project agreement.
This grant may be applied for as part
				of a project which is eligible for a grant, loan or combination of a grant and
				loan, but requires a separate application to be submitted to the commission for
				consideration.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-40 - Project schedule

Current through all regulations passed and filed through July 1, 2024
An application to fund a project shall
				provide for a schedule for construction to begin within one year of release of
				the project agreement. At the discretion of the director, a project may be
				funded that will commence in the following state fiscal year, if the
				circumstances relating to the project present a reasonable need to enter into a
				project agreement in the current fiscal year. Projects funded by the commission
				must commence construction in the fiscal year set forth in the project
				agreement. If a project does not commence in the fiscal year set forth in the
				project agreement, funding for the project shall be terminated. At the
				discretion of the director, a project that did not commence in the fiscal year
				set forth in the project agreement may be funded if the reason the project did
				not commence was due to extenuating and unforeseeable circumstances beyond the
				control of the applicant.
Project delays, with reason for the
				delay(s), must be communicated to the commission in writing as soon as
				possible. Written requests for an extension will be considered if the project
				can be completed within a reasonable time frame. Failure to meet the schedule
				without approval for an extension may cause the project agreement to become
				null and void at the sole discretion of the director.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-41 - Small government

Current through all regulations passed and filed through July 1, 2024
District integrating committees may
				select from their unfunded project applications, applications to submit to the
				small government commission for consideration for funding. The small government
				program provides grants and loans to villages and townships with populations of
				less than five thousand. Districts may submit to the small government
				commission up to five applications for consideration to be funded. All five
				applications must be ranked and shall receive corresponding district priority
				points. All five applications will be scored by the small government
				commission.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-1 - General Provisions › Section 164-1-42 - Subdivision codes

Current through all regulations passed and filed through July 1, 2024
Prior to the submission of an
				application for funding to the commission, the applicant must request and
				obtain from the commission an identification code which the commission shall
				use to identify the applicant. A request for an identification code shall be
				submitted to the commission by an email to the director from an authorized
				employee of the applicant. The request shall be made on the applicant's
				letterhead and shall be signed by such an authorized employee. The applicant
				must include relevant documentation or an explanation relating to the legal
				creation of the applicant specifying its form of government, the revised code
				provisions providing for the entity, and its date of formation.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-02 - Access to funds and late infrastructure loan payments

Current through all regulations passed and filed through July 1, 2024
A county, municipal corporation, or
				township who receives loan funds pursuant to sections
				164.01 to
				164.16 of the Revised Code shall
				take all actions necessary to ensure that timely payments are made on their
				loans as required in the loan documents and in response to biennial invoicing.
				If a county, municipal corporation, or township fails to make timely payments,
				it will not receive from the commission disbursements on its active projects
				and any application for funding for new projects will not be accepted in the
				workswise portal until payment is received and processed by the
				commission.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-03 - Appraisals

Current through all regulations passed and filed through July 1, 2024
An application for clean Ohio funding
				must adhere to the commission's standards and procedures for appraisal
				reporting. An application for funding or an application to exchange real
				property previously protected by clean Ohio deed restrictions for real property
				not so restricted, submitted to the natural resource assistance council (NRAC)
				shall include an independent real estate appraisal prepared by an Ohio licensed
				real estate appraiser, who is also a prequalified consultant for the Ohio
				department of transportation. The appraisal report, a restricted appraisal
				report, or an appraisal review shall set forth the value of the real estate
				interest to be acquired and if applicable, the value of the real estate
				interest to be exchanged.
(A)
								The value of timber (the "timber value") may be used as
			 local match on a property acquired as a bargain sale. A qualified independent
			 forester or timber appraiser may perform a timber appraisal of the real
			 property to be acquired to determine the timber value in accordance with
			 normally accepted valuation criteria. The value of timber generally considers
			 the volume of timber on the property, the species, composition, the quality,
			 and other related factors to determine the current timber value.
If timber value is to be used as local match,
			 it is the applicant's responsibility to provide the timber value to the
			 appraiser. The appraiser shall use the timber value in accordance with normally
			 accepted appraising standards in determining the value of the real property
			 being appraised.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-04 - Carbon credits

Current through all regulations passed and filed through July 1, 2024
Recipients of clean Ohio funds may sell
				carbon credits available from properties that benefited from clean Ohio funds
				to third parties. Funds received for the sale of these carbon credits must be
				accounted for in their receipt and expenditure and maintained for a period of
				six years for the commission's inspection upon request. The funds may only be
				expended to benefit properties that have received funding from clean Ohio, and
				may be held for future expenditure to benefit properties that have received
				funding from clean Ohio. Eligible expenses are for improvement projects that
				may be placed on property that has benefited from clean Ohio funds or for the
				expense associated with the management of properties which have benefited from
				clean Ohio funds. Management expenses may include necessary equipment,
				supplies, services received from third parties, and salaries of individuals
				conducting conservation work on properties that have received funding from
				clean Ohio and other reasonable expenses approved by the director.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-05 - Declaration of restrictions and long-term ownership or control

Current through all regulations passed and filed through July 1, 2024
(A)
								When clean Ohio
			 funds are expended to purchase the ownership interest of real property, a
			 declaration of restrictions shall be placed upon and recorded for all acquired
			 real property. The declaration of restrictions, which are the principal
			 mechanism for deed restricting the property in perpetuity, must be approved by
			 the director and shall be perpetual and shall be strictly
			 enforced.
(B)
								When clean Ohio funds are expended to purchase an
			 easement or to make improvements to a riparian corridor or watershed owned by a
			 person or a non-public entity, a conservation easement protecting the easement
			 rights obtained or the improvements made shall be placed upon the real property
			 from which the easement was obtained or upon which the improvements were made,
			 and such easement shall be recorded. The conservation easement shall include
			 the declaration of restrictions and must be approved by the director and shall
			 be perpetual and shall be strictly enforced.
(C)
								An application
			 for funds for the purchase of ownership interest of real property may include
			 purchase of a conservation easement as a condition of a secondary funding
			 source, for monitoring of the property, or other reasons as approved by the
			 director. However, in such a case, the natural resource assistance council that
			 scores the project application may only provide points for the ownership
			 interest.
Real property interests obtained with
				clean Ohio funds shall remain in the long-term ownership, or the long-term
				control by the grant recipient. A transfer of ownership of real property or
				control of real property or a conservation easement cannot be made until the
				director has provided written consent to transfer ownership or control. A
				request to transfer ownership or control of a real property interests obtained
				with clean Ohio funds shall be made in writing to the director, which requests
				shall specifically delineate why the request is being made and how the proposed
				recipient of the real property interests would be able to promote the clean
				Ohio program through its ownership of the real property interests. If the
				director concludes that a transfer of a real property interest obtained with
				clean Ohio funds is not likely to be beneficial to the future use of the
				property for the purposes of the clean Ohio program, then the director may, in
				their discretion, deny the request to transfer.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-06 - Eligible, ineligible items, and activities

Current through all regulations passed and filed through July 1, 2024
The clean Ohio greenspace conservation
				program's purpose is to promote the preservation, protection, or restoration of
				the natural environment, natural ecosystems, vegetation, and
				wildlife.
(A)
								Eligible improvements and activities are those that
			 achieve or promote these goals or make an open space accessible and usable by
			 the public and have no or minimal impact on conservation. Expenditures that do
			 not achieve these goals are not allowable under this program.
(B)
								Allowable
			 expenditures for hardscape improvements, including paving, must be designed to
			 have minimal impact to conservation values and cannot exceed twenty-five per
			 cent of the total land area. Administrative costs, including those incurred for
			 grant management, application, and disbursement preparation, are not eligible
			 for funding through the program.
(C)
								Mark-up costs are
			 costs above what was incurred by the supplier for personal property or services
			 purchased from a third-party and invoiced to the local political subdivision or
			 nonprofit organization and are ineligible for funding.
The commission shall maintain a
				guidance list setting forth illustrative projects and activities that may or
				may not be funded by the program, which list may be modified by the director as
				needed in the director's discretion.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-07 - Engineering fees

Current through all regulations passed and filed through July 1, 2024
Engineering fees shall be clearly
				delineated on all applications for funding submitted to the commission that
				include improvements. If engineering fees are not sufficiently delineated the
				commission may request the engineer of record to delineate the services more
				specifically to be provided associated with the engineering fees. The estimate
				must bear the official seal or stamp and signature of a professional engineer
				who is registered under Chapter 4733. of the Revised Code attesting to the
				prudence of the dollar amounts contained in the estimate.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-08 - Environmental site assessment (ESA) and suspected environmental contamination

Current through all regulations passed and filed through July 1, 2024
Any application for funding to acquire
				real property must be based on a good faith belief that the real property is
				unlikely to be contaminated. If the applicant does not have a good faith basis
				to believe that the real property is unlikely to be contaminated, the applicant
				shall include a phase one ESA under the American society of testing materials
				(ASTM)1527-21 establishing that the real property is unlikely to be
				contaminated. Should a natural resources assistance council have a concern that
				the real property may be contaminated, it shall ask the director to consider
				requiring the applicant to submit a phase one ESA under ASTM 1527-21 prior to
				the commission issuing a project agreement which provides the property is
				unlikely to be contaminated. If a phase one ESA under ASTM 1527-21 concludes
				that the property is likely to contain contamination, the project application
				shall be returned to the natural resources assistance council for
				review.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-09 - Farmland preservation

Current through all regulations passed and filed through July 1, 2024
(A)
								Program funds may not be used for the primary purpose
			 of continuing agricultural activities upon the property to be acquired. Program
			 funds may be used to acquire a real property interest in real property that is
			 currently being used for agricultural activities if:
(1)
									Any real
			 property, after purchase, is allowed to revert to its natural state;
			 or
(2)
									The real property is to be used for the demonstration
			 of historical farming activities.
Ohio Administrative Code › Title 164 - Ohio Public Works Commission › Chapter 164-2 - Clean Ohio Funding › Section 164-2-11 - Mineral rights, oil, and gas

Current through all regulations passed and filed through July 1, 2024
For any property for which an
				application is being submitted to receive funding pursuant to the clean Ohio
				program, which is subject to an existing mineral, oil, gas, or coal lease
				(collectively a "mineral lease") at the time of submission of the application
				to the natural resources assistance council, such mineral lease shall be deemed
				a pre-existing easement over which the applicant does not have control and
				shall not automatically disqualify the property from clean Ohio funding. A
				property that received clean Ohio funding may not later be subjected to a
				mineral lease by the owner. If the property is made subject to a mineral lease
				through provisions of law such as forced pooling, over which the property owner
				has no control, such lease shall be permissible.
Funds received by the landowner from a
				mineral lease, entered into after the expenditure of clean Ohio funds for the
				benefit of the property, must be accounted for in their receipt and
				expenditure. The funds must be expended to benefit properties that have
				received funding from clean Ohio. The funds may be held for future expenditure
				to benefit properties that have received funding from clean Ohio. Eligible
				expenses are for improvement projects that may be placed on property that has
				benefited from clean Ohio funds or for the expense associated with the
				management of properties which have benefited from clean Ohio funds. Management
				expenses may include necessary equipment, supplies, services received from
				third parties, and salaries of individuals conducting conservation work on
				properties that have received funding from clean Ohio and other reasonable
				expenses approved by the director.