> ---------------------------- Original Message ----------------------------
> Subject: Legislative Alert
> From: "Heidi Fought" <[log in to unmask]>
> Date: Fri, June 4, 2010 8:33 pm
> To:
> Cc: "Matt DeTemple" <[log in to unmask]>
> "Michael Cochran" <[log in to unmask]>
> [log in to unmask]
> "Marie Kappes GPG" <[log in to unmask]>
> "Matt Whitehead" <[log in to unmask]>
> [log in to unmask]
> [log in to unmask]
> --------------------------------------------------------------------------
>
> The General Assembly had a very busy two weeks as they prepared to break
> for summer and the fall elections. Numerous bills were heard in
> committees, passed by one or both houses and sent to the Governor for his
> signature. With work done, both houses have recessed and are not expected
> back until after the November election. Please find below a few of the
> bills heard or passed. To view the legislation in its entirety, please
> visit www.legislature.state.oh.us. To view effective dates of bills as
> they become available, please visit
> http://www.sos.state.oh.us/sos/upload/records/journal/acts_128.pdf.
>
>
> STATEHOUSE ACTIVITIES
> Passed the House
> HB 220 Public Notices - This bill revises the public notice requirements
> for local governments. Included: requirement that newspapers establish a
> government rate; revisions to the qualifications of a newspaper of general
> circulation; and specifies that if a statute requires a local government
> to publish a notice or advertisement two or more times in a newspaper and
> the statute authorizes the use of an alternative publication procedure,
> the local government may satisfy the multiple publication requirement by
> publishing the first notice or advertisement in its entirety in a
> newspaper of general circulation (which may be made in a preprinted
> insert), and by publishing a second, abbreviated notice or advertisement
> in that newspaper and on the newspaperʹs Internet web site, if any; the
> abbreviated notice must refer to a web site operated and maintained by the
> local government and on which the entire notice or advertisement must be
> posted. This bill was voted out of the House and now heads to the Senate
> for committee hearings.
>
> House Committee Hearing
> HB 389 County Budgets - This bill includes a provision that permits a
> township to make direct deposit mandatory for township employees. This
> bill has had four hearings in the House Local Government & Public
> Administration Committee.
>
> HB 471 Transfer of Development Rights - This bill permits townships,
> municipal corporations and counties to participate in a transfer of
> development rights program. This bill has had two hearings in the House
> Local Government & Public Administration Committee.
>
> Passed General Assembly and Sent to Governor
> HB 393 Nuisance Abatements - This bill, when it passed the House, altered
> the notification procedure for nuisance abatements pursuant to ORC 505.87
> but ended up a "Christmas Tree" bill before it passed the Senate this
> week. The township portion of the bill states a township may provide
> notice by regular mail, instead of certified mail, for a second or
> subsequent offense of ORC 505.87 within a 12 month period. Additionally,
> a property owner has only 4 days to abate the nuisance (second and
> subsequent offenses only) before a township may enter upon the property to
> abate the nuisance. The bill also included a provision that extended the
> time for which the Ohio Commission on Local Government Reform &
> Collaboration has to submit a report from July 1 to September 1, 2010. An
> emergency clause was added to the bill during the Senate process so this
> bill will take effect immediately upon the Governor's signature.
> The OTA would like to thank Representatives Gerberry and Blessing for
> sponsoring the bill and the members of the Senate for swiftly passing the
> bill prior to break.
>
> SB 110 Household Sewage Treatment Systems (HSTS) - This bill revises the
> HSTS regulations for the state. As reported last week, the House stripped
> out language that would have prohibited annexation should a property owner
> be forced to tap into a municipal sewer system due to a failing HSTS. The
> Senate refused to concur on the House changes to SB 110 and thus forced a
> conference committee. The OTA supported an amendment during conference
> committee that would reduce the tap in requirement from 300 feet to 200
> feet. This (200 ft) is actually current law but SB 110 had sought to
> increase the footage to 300 which is why the OTA sought the annexation
> prohibition. Additionally, SB 110 will permit for growth in townships as
> well as provide for proper inspection of household sewer treatment systems
> and provide sustainable and cost effective individual sewage treatment
> system solutions that protect the environment while maintaining the
> current wastewater infrastructure options. This bill will become law 90
> days after the Governor signs it.
> The OTA would like to thank Senator Niehaus and his staff for their
> tireless efforts on this bill.
>
> HB 449 Military Remains - The only provision of this bill that impacts
> townships is the language that increases the paid military leave for
> publicly employed firefighters and emergency medical technicians with a
> minimum paid military leave of seventeen 24-hour days or 480 hours.
> Current law is 22 eight hour days or 176 hours. The OTA and Ohio
> Municipal League had requested this language be removed from HB 449 due to
> the increase costs this bill will have on local governments that employ
> firefighters and EMTs. The bill will become law 90 days after the
> Governor signs it.
>
> SB 232 Alternative Energy Tax Exemption - This bill will tax alternative
> energy facilities (wind, solar, waste gasification, clean coal, etc...)
> that qualify pursuant to SB 232 differently than other utility services.
> Specifically, the bill permits alternative energy facilities to request
> real and personal property tax exemption (all township taxes for the land
> and property would be tax exempt). A company would submit a request to
> the state, who in turn will notify the county commissioners of the county
> in which the project or facility is to be located. The commissioners have
> 30 days to act upon the request. Should the commissioners approve the
> request, the alternative energy facility would be required to pay a
> payment in lieu of taxes (PILOT) ranging from $6000 to $8000 depending
> upon the number of jobs the facility creates. The PILOT is divided among
> the taxing districts as current utility tangible personal property taxes
> are distributed. Additionally, the commissioners may request the energy
> facility pay a "host fee" with the PILOT not to exceed together a total of
> $9000. The "host fee" is only for the county commissioners, as the bill
> states the fee is to be deposited into the county's general fund.
>
> Should the commissioners reject or fail to act within 30 days, the
> alternative energy facility would be required to pay all current real and
> personal property taxes. Nothing in the bill precludes an energy facility
> that has been rejected for the PILOT payment to then seek abatement
> individually from the respective local taxing districts. An emergency
> clause was added to the bill on the House floor so the bill will be
> effective immediately upon the Governor's signature.
>
> The OTA encourages all townships that may be the site for an alternative
> energy project to contact their county commissioners and share your
> feelings about your township taxes be exempted. Additionally, request
> that your commissioners, should they accept PILOT payments and "host fees"
> from these companies to share the "host fee" with all impacted townships,
> schools and services, just as the PILOT would be shared.
> The OTA would like to thank Senators Gillmor and Seitz and Representatives
> Letson, Windburn, Blair, Huffman and Boose for their efforts in trying to
> alter the bill for the betterment of local governments.
>
>
> Heidi M. Fought
> Director of Governmental Affairs
> Ohio Township Association
> 6500 Taylor Road, Suite A
> Blacklick, OH 43004
> (614) 863-0045
> (614) 863-9751 Fax
>
>
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