Sub. H. B. No.

49 Page 3278
As Passed by the House

qualifying villages in the state. 101512

(C) The tax commissioner shall separately identify to the 101513

county treasurer the amounts to be allocated to each township 101514
under divisions (A)(1) and (2) of this section and to each 101515
qualifying village under divisions (B)(2)(a) and (b) of this 101516
section. The treasurer shall transfer those amounts to townships 101517
and qualifying villages from the undivided local government fund. 101518

(D) The tax commissioner shall update the road mile 101519
information used to determine payments under divisions (A) and (B) 101520
of this section at least once every five years, and may update 101521
such information more often at the commissioner's discretion. 101522

Sec. 5747.504. (A) As used in this section: 101523

(1) "Noncompliant municipal corporation" means a qualifying 101524

municipal corporation that does either of the following: 101525

(a) Both fails to publish the plan as required under division 101526
(B) of this section by the deadline required under that division 101527
and charges rates for water and sewerage services to any 101528
nonresident different than those charged to its residents; 101529

(b) On or after January 1, 2022, charges rates for water and 101530
sewerage services to any nonresident different than those charged 101531
to its residents. 101532

(2) "Predatory municipal corporation" means a qualifying 101533

municipal corporation that does any of the following: 101534

(a) Requires, as a condition of providing water or sewerage 101535

services to territory outside of the municipal corporation, that 101536
such territory be annexed to the municipal corporation; 101537

(b) Requires, as a condition of providing water or sewerage 101538

services to territory outside of the municipal corporation, that a 101539
township or municipal corporation in which that territory is 101540
located provides direct payments in excess of those reasonably 101541
Sub. H. B. No. 49 Page 3279
As Passed by the House

related to the cost of providing water or sewerage services in 101542

that territory to the municipal corporation that operates the 101543
water or sewerage system; 101544

(c) Requires a township or another municipal corporation to 101545

comply with any requirement not reasonably related to the cost of 101546
providing water or sewerage services in the territory of the 101547
township or other municipal corporation as a condition of 101548
providing water or sewerage services in such territory; 101549

(d) Withdraws water or sewerage service or threatens to 101550

withdraw such service from any territory of a township or another 101551
municipal corporation for failure of that township or municipal 101552
corporation to comply with any condition or make any direct 101553
payment not reasonably related to the cost of providing water or 101554
sewerage services in that territory. 101555

(3) "Affected subdivision" means a township or municipal 101556

corporation that is either: 101557

(a) Subject to any of the conditions described in divisions 101558

(A)(2)(a) to (d) of this section imposed by a predatory municipal 101559
corporation; 101560

(b) Has a resident whose water or sewerage rates are 101561

different than those charged to residents of the noncompliant 101562
municipal corporation that provides such services to that 101563
resident. 101564

(4) "Annexation" means any form of annexation proceeding or 101565

merger pursuant to Chapter 709. of the Revised Code. 101566

(5) "Qualifying municipal corporation" means a municipal 101567

corporation having a population of more than seven hundred 101568
thousand as determined by the most recent federal decennial census 101569
that operates a municipal water or sewerage system serving 101570
nonresidents and residents of the municipal corporation. 101571
Sub. H. B. No. 49 Page 3280
As Passed by the House

(B) A qualifying municipal corporation shall do both of the 101572

following within two years after the effective date of the 101573
enactment of this section: 101574

(1) Develop a plan to equalize, beginning January 1, 2022, 101575

the rate for water and sewerage services the municipal corporation 101576
charges to nonresidents with the rate charged to its residents; 101577

(2) Publish the plan in a newspaper of general circulation 101578

within the county in which the municipal corporation is located 101579
once a week for three consecutive weeks. 101580

(C)(1) A noncompliant municipal corporation shall notify the 101581

tax commissioner that the municipal corporation is a noncompliant 101582
municipal corporation within ten days after the date on which the 101583
municipal corporation becomes a noncompliant municipal 101584
corporation. 101585

(2) The tax commissioner, upon receipt of a notice described 101586

in division (C)(1) of this section or upon discovery, on the basis 101587
of information in the commissioner's possession, that a municipal 101588
corporation is a noncompliant municipal corporation, shall do both 101589
of the following: 101590

(a) Reduce by twenty per cent each payment the noncompliant 101591
municipal corporation would otherwise receive under division (C) 101592
of section 5747.50 of the Revised Code, beginning with the next 101593
required payment, and reduce payments to the appropriate county 101594
undivided local government fund under division (B) of section 101595
5747.50 of the Revised Code equal to twenty per cent of the amount 101596
of such payments the municipal corporation would otherwise receive 101597
under section 5747.51 or 5747.53 of the Revised Code, beginning 101598
with the next required payment; 101599

(b) Immediately notify the county auditor and county 101600

treasurer that such payments are to be reduced by twenty per cent 101601
until the tax commissioner notifies the auditor and treasurer 101602
Sub. H. B. No. 49 Page 3281
As Passed by the House

under division (C)(3)(b) of this section that the reduction shall 101603
terminate. 101604

The county treasurer shall reduce the amount of such payments 101605
to the noncompliant municipal corporation from the undivided local 101606
government fund beginning with the payment specified by the tax 101607
commissioner. 101608

(3) A municipal corporation subject to the reductions 101609

required under division (C)(2) of this section may notify the tax 101610
commissioner that the municipal corporation is no longer a 101611
noncompliant municipal corporation. Upon receiving that notice, 101612
the commissioner shall do both of the following if the 101613
commissioner determines that the municipal corporation is no 101614
longer a noncompliant municipal corporation: 101615

(a) Terminate the reduction, under division (C)(2)(a) of this 101616

section, in the amount of payments to the county's undivided local 101617
government fund and in the amount of payments to the municipal 101618
corporation under division (C) of section 5747.50 of the Revised 101619
Code beginning with the next required payments; 101620

(b) Immediately notify the county auditor and county 101621

treasurer that the treasurer shall terminate the reduction in the 101622
amount of payments from the undivided local government fund to the 101623
municipal corporation under section 5747.51 or 5747.53 of the 101624
Revised Code. 101625

The county treasurer shall provide for payments to the 101626

formerly noncompliant municipal corporation from the undivided 101627
local government fund, beginning with the payment specified by the 101628
tax commissioner. 101629

(D)(1) A predatory municipal corporation shall notify the tax 101630

commissioner that the municipal corporation is a predatory 101631
municipal corporation within ten days after the effective date of 101632
the enactment of this section or, if the municipal corporation 101633
Sub. H. B. No. 49 Page 3282
As Passed by the House

becomes a predatory municipal corporation after that date, within 101634

ten days after the date on which the municipal corporation becomes 101635
a predatory municipal corporation. 101636

(2) The tax commissioner, upon receipt of a notice described 101637

in division (D)(1) of this section or upon discovery, on the basis 101638
of information in the commissioner's possession, that a municipal 101639
corporation is a predatory municipal corporation, shall do all of 101640
the following: 101641

(a) Cease providing for payments to the municipal corporation 101642

under division (C) of section 5747.50 of the Revised Code, 101643
beginning with the next required payment, and reduce payments to 101644
the appropriate county undivided local government fund under 101645
division (B) of section 5747.50 of the Revised Code equal to the 101646
amount of such payments the municipal corporation would otherwise 101647
receive under section 5747.51 or 5747.53 of the Revised Code, 101648
beginning with the next required payment; 101649

(b) Immediately notify the county auditor and county 101650

treasurer that such payments are to cease until the tax 101651
commissioner notifies the auditor and treasurer under division 101652
(D)(3)(b) of this section that the payments are to resume. 101653

The county treasurer shall cease providing for payments to 101654

the predatory municipal corporation from the undivided local 101655
government fund beginning with the payment specified by the tax 101656
commissioner. 101657

(c) The tax commissioner shall notify the director of 101658

environmental protection of the identities of the predatory 101659
subdivision and any affected subdivisions and instruct the 101660
director to proceed under division (G) of this section. 101661

(3) A municipal corporation subject to the reductions 101662

required under division (D)(2) of this section may notify the tax 101663
commissioner that the municipal corporation is no longer a 101664
Sub. H. B. No. 49 Page 3283
As Passed by the House

predatory municipal corporation. Upon receiving that notice, the 101665

commissioner shall do both of the following if the commissioner 101666
determines that the municipal corporation is no longer a predatory 101667
municipal corporation: 101668

(a) Resume payments to the municipal corporation as required 101669

under division (C) of section 5747.50 of the Revised Code, and 101670
resume payments to the county's undivided local government fund to 101671
the extent such payments were reduced under division (D)(2)(a) of 101672
this section, beginning with the next required payment; 101673

(b) Immediately notify the county auditor and county 101674

treasurer that the treasurer shall resume payments from the 101675
undivided local government fund to the municipal corporation under 101676
section 5747.51 or 5747.53 of the Revised Code. 101677

The county treasurer shall resume payments to the municipal 101678

corporation from the undivided local government fund beginning 101679
with the payment specified by the tax commissioner. 101680

(E) The tax commissioner shall provide for payment of an 101681

amount equal to amounts withheld from a noncompliant or predatory 101682
municipal corporation under divisions (C)(2)(a) and (D)(2)(a) of 101683
this section, respectively, to each affected subdivision affected 101684
by, or with a resident affected by, that municipal corporation 101685
under division (A)(3)(a) or (b) of this section. The payment to 101686
each such subdivision shall be in the proportion that the 101687
population of that subdivision bears to the total population of 101688
all such affected subdivisions, as determined by the most recent 101689
federal decennial census. 101690

(F) An affected subdivision shall use money received under 101691

division (E) of this section for the current operating expenses of 101692
the subdivision. 101693

(G) The director of environmental protection shall send a 101694

letter to each affected subdivision identified in a notice 101695
Sub. H. B. No. 49 Page 3284
As Passed by the House

received by the director under division (D)(2)(c) of this section 101696

explaining the procedures for political subdivisions to form a 101697
regional water and sewer district under Chapter 6119. of the 101698
Revised Code. 101699

Sec. 5747.51. (A) On or before the twenty-fifth day of July 101700

of each year, the tax commissioner shall make and certify to the 101701
county auditor of each county an estimate of the amount of the 101702
local government fund to be allocated to the undivided local 101703
government fund of each county for the ensuing calendar year, 101704
adjusting the total as required to account for subdivisions 101705
receiving local government funds under section 5747.502 of the 101706
Revised Code. 101707

(B) At each annual regular session of the county budget 101708

commission convened pursuant to section 5705.27 of the Revised 101709
Code, each auditor shall present to the commission the certificate 101710
of the commissioner, the annual tax budget and estimates, and the 101711
records showing the action of the commission in its last preceding 101712
regular session. The commission, after extending to the 101713
representatives of each subdivision an opportunity to be heard, 101714
under oath administered by any member of the commission, and 101715
considering all the facts and information presented to it by the 101716
auditor, shall determine the amount of the undivided local 101717
government fund needed by and to be apportioned to each 101718
subdivision for current operating expenses, as shown in the tax 101719
budget of the subdivision. This determination shall be made 101720
pursuant to divisions (C) to (I) of this section, unless the 101721
commission has provided for a formula pursuant to section 5747.53 101722
of the Revised Code. The commissioner commission shall reduce or 101723
increase adjust the amount of funds from the undivided local 101724
government fund to a subdivision as required to receive reduced or 101725
increased funds under by section 5747.502 or 5747.504 of the 101726
Revised Code. 101727
Sub. H. B. No. 49 Page 3377
As Passed by the House

existing TMDLs following implementation and additional assessment. 104580

Sec. 6111.61. (A) Not later than ninety days after the 104581
effective date of this section, the governor, pursuant to 33 104582
U.S.C. 1288, shall designate an areawide waste treatment 104583
management organization for central Ohio called clean water 104584
central Ohio, which is hereby created. After such designation, 104585
clean water central Ohio shall be responsible for waste treatment 104586
planning under 33 U.S.C. 1288 for Franklin county, and for those 104587
portions of Delaware, Licking, Fairfield, Pickaway, and Union 104588
counties that are served by the Columbus municipal water and 104589
sewerage system. 104590

(B)(1) Not later than ninety days after the designation of 104591
clean water central Ohio, the governor shall appoint an initial 104592
governing board for it consisting of nine members. As determined 104593
by the most recent federal decennial census, three of the initial 104594
members shall represent the most populous municipal corporation 104595
within clean water central Ohio's jurisdiction. The remaining 104596
initial members shall represent the next six most populous 104597
municipal corporations within such jurisdiction. 104598

(2) Each of the initial nine members of the governing board 104599
shall serve a two-year term. Before the expiration of the initial 104600
terms, the governing board shall adopt a resolution specifying the 104601
manner by which subsequent members of the governing board are 104602
selected and the term of office for those members. The resolution 104603
may establish additional procedures necessary for the operation of 104604
the board. A resolution adopted under division (B)(2) of this 104605
section may be subsequently amended. However, in all cases, the 104606
resolution shall require three members of the board to represent 104607
the most populous municipal corporation within clean water central 104608
Ohio's jurisdiction and the remaining six members to equitably 104609
represent all other municipal corporations within that 104610
Sub. H. B. No. 49 Page 3378
As Passed by the House

jurisdiction. 104611

(C) Clean water central Ohio shall coordinate with the 104612
director of environmental protection to amend any existing plan 104613
established under 33 U.S.C. 1288 that is applicable to the area 104614
within the jurisdiction of clean water central Ohio, or create a 104615
new plan for that area. 104616

(D) In executing its duties, clean water central Ohio shall 104617
comply with the requirements of 33 U.S.C. 1288 and all other 104618
applicable requirements of the "Federal Water Pollution Control 104619
Act" and regulations promulgated under it. 104620

Sec. 6111.62. (A) Not later than one year after the effective 104621
date of this section, an entity responsible for waste treatment 104622
management planning under 33 U.S.C. 1288, including the 104623
environmental protection agency, shall do both of the following 104624
with regard to each waste treatment management plan over which the 104625
entity has authority: 104626

(1) Determine if any element of each plan conflicts with or 104627

supersedes any of the authorizations or requirements established 104628
under section 6117.38 of the Revised Code, including the authority 104629
of a county sewer district to enter into a contract under that 104630
section; 104631

(2) If any element of a plan does conflict with or supersede 104632

any such authorizations or requirements, amend the plan to 104633
eliminate the conflicting or superseding element. 104634

(B) An entity required to amend a plan under division (A) of 104635

this section shall take all actions necessary to amend the plan, 104636
including complying with 33 U.S.C. 1288 and any other applicable 104637
provision of the "Federal Water Pollution Control Act" and 104638
regulations promulgated under it. 104639

(C) On and after the effective date of this section, no 104640

Sub. H. B. No. 49 Page 3379
As Passed by the House

entity responsible for waste treatment management planning under 104641

33 U.S.C. 1288, including the environmental protection agency, 104642
shall do either of the following: 104643

(1) Adopt a plan under 33 U.S.C. 1288 that conflicts with or 104644
supersedes any of the authorizations or requirements established 104645
under section 6117.38 of the Revised Code, including the authority 104646
of a county sewer district to enter into a contract under that 104647
section; 104648

(2) Amend a plan under 33 U.S.C. 1288 so that the plan 104649
includes an element that conflicts with or supersedes any of the 104650
authorizations or requirements established under section 6117.38 104651
of the Revised Code, including the authority of a county sewer 104652
district to enter into a contract under that section. 104653

Sec. 6117.38. (A) At any time after (1) After the formation 104654
of any county sewer district, the board of county commissioners, 104655
when it considers it appropriate, on application by a person or 104656
public agency for the provision of sewerage or drainage to 104657
properties of the person or public agency located outside of the 104658
district, may contract with the a person, political subdivision, 104659
unincorporated area, or public agency located outside of the 104660
district for depositing any of the following: 104661

(a) Depositing sewage or drainage from those properties 104662

outside of the district in facilities acquired or constructed or 104663
to be acquired or constructed by the county to serve the district 104664
and for the; 104665

(b) The treatment, disposal, and disposition of the sewage or 104666

drainage, on terms that the board considers equitable; 104667

(c) The provision of water supply services. The 104668

(2) A person, political subdivision, unincorporated area, or 104669

public agency located outside of a county sewer district may apply 104670
Sub. H. B. No. 49 Page 3380
As Passed by the House

to the board of county commissioners for the provision of the 104671

services specified in division (A)(1)(a), (b), or (c) of this 104672
section. 104673

(3) The amount to be paid by the person, political 104674

subdivision, unincorporated area, or public agency to reimburse 104675
the county for costs of acquiring or constructing those facilities 104676
shall not be less than the original or comparable assessment for 104677
similar property within the district or, in the absence of an 104678
original or comparable assessment, an amount that is found by the 104679
board to be reasonable and fairly reflective of that portion of 104680
the cost of those facilities attributable to the properties to be 104681
served. The board shall appropriate any moneys received for that 104682
service to and for the use and benefit of the district. The board 104683
may collect the amount to be paid by the person, political 104684
subdivision, unincorporated area, or public agency in full, in 104685
cash or in installments as a part of a connection charge to be 104686
collected in accordance with division (B) or (D) of section 104687
6117.02 of the Revised Code, or if the properties to be served are 104688
located within the county, the same amount may be assessed against 104689
those properties, and, in that event, the manner of making the 104690
assessment, together with the notice of it, shall be as provided 104691
in this chapter. 104692

(B) Whenever sanitary or drainage facilities or prevention or 104693

replacement facilities have been acquired or constructed by, and 104694
at the expense of, a person, political subdivision, unincorporated 104695
area, or public agency and the board considers it appropriate to 104696
acquire the facilities or any part of them for the purpose of 104697
providing sewerage or drainage service to territory within a sewer 104698
district, the county sanitary engineer, at the direction of the 104699
board, shall examine the facilities. If the county sanitary 104700
engineer finds the facilities properly designed and constructed, 104701
the county sanitary engineer shall certify that fact to the board. 104702
Sub. H. B. No. 49 Page 3381
As Passed by the House

The board may determine to purchase the facilities or any part of 104703
them at a cost that, after consultation with the county sanitary 104704
engineer, it finds to be reasonable. 104705

Subject to and in accordance with this division and division 104706

(B) or divisions (C), (D), and (E) of section 6117.06 of the 104707
Revised Code, the board may purchase the facilities or any part of 104708
them by negotiation. For the purpose of paying the cost of their 104709
acquisition, the board may issue or incur public obligations and 104710
assess the entire cost, or a lesser designated part of the cost, 104711
of their acquisition against the benefited properties in the 104712
manner provided in this chapter for the construction of original 104713
or comparable facilities. 104714

(C) As used in this section, "located outside of the 104715

district" includes an area located in a different county than the 104716
county in which the county sewer district is located. 104717

Sec. 6301.01. As used in this chapter: 104718

(A) "Local area" means any of the following: 104719

(1) A municipal corporation that is authorized to administer 104720

and enforce the "Workforce Investment Act of 1998," 112 Stat. 936, 104721
29 U.S.C.A. 2801, as amended, under this chapter and is not 104722
joining in partnership with any other political subdivisions in 104723
order to do so; 104724

(2) A single county; 104725

(3) A consortium of any of the following political 104726

subdivisions: 104727

(a) A group of two or more counties in the state; 104728

(b) One or more counties and one municipal corporation in the 104729
state; 104730

(c) One or more counties with or without one municipal 104731