OML UPDATE AT-A-GLANCE
Here are the top four things you need to know from this past week:
· Last week on Friday, November 5, the U.S. House of Representatives passed the “Infrastructure Investment and Jobs Act” (IIJA), a $1.2 trillion package that includes $550 billion over 5 years in new federal investments for infrastructure nationwide. The bill will also add an estimated two million jobs per year to the national economy. President Biden is expected to sign the bill Monday. You can find a section-by-section summary made available by the National League of Cities (NLC) HERE and a fact sheet from the White House on Ohio’s distribution HERE. Read more in the article below.
· This week, Governor DeWine signed HB 172, the bill revising the Fireworks Law. The bill was similar to SB 113, which was passed by the legislature earlier this year but was vetoed by Gov. DeWine. The Governor stated that the changes made in HB 172 alleviated his concerns. Critically, the bill maintains local control by allowing local governments to restrict the dates and times that individuals can discharge consumer-grade fireworks, or to impose a complete ban on the use of consumer-grade fireworks.
·
On Tuesday, December 7, The Ohio Office of Budget and Management (OBM) is virtually hosting the second Ohio Grants Summit. The first summit was held in September of 2020. The Ohio Grants Summit is a unique event offering the opportunity to connect local government leaders and financial managers to resources and education to support their management of federal grant funds. Don’t miss out on this important and informative event! To learn more and to register, click HERE. Read more in the article below.
· This week, the Ohio Controlling Board approved the Ohio Department of Health (ODH) request for $8 million in federal public health crisis response grants from the American Rescue Plan Act (ARPA), including $5 million for local health departments to increase workforce and provide training and $2 million to support local responses through contracting surge staff. The Controlling Board also approved the Ohio Department of Development (DOD) request to carry forward $10 million in unused CARES Act funding for community development block grants (CDBG) for local governments.
FIREWORKS BILL HEADS TO GOVERNOR’S DESK FOR SIGNATURE
This week, the Governor DeWine signed HB 172, which is sponsored by Rep. Baldridge (R – Winchester) and revises the Fireworks Law. HB 172 is similar to SB 113, which was passed by the legislature earlier this year but was vetoed by Gov. DeWine. The League is supportive of both bills. You can read the full bill analysis for HB 172 HERE.
Although DeWine vetoed SB 113, his office stated that the changes made in HB 172 alleviated the Governor’s concerns.
Critically, the bill maintains local control by allowing local governments to restrict the dates and times that individuals may discharge consumer-grade fireworks or to impose a complete ban on the use of consumer-grade fireworks.
Several provisions in the bill will become effective July 1, 2022
· Allows individuals to possess consumer-grade fireworks in Ohio, eliminating a requirement that purchasers transport consumer-grade fireworks out of the state within 48 hours of purchase.
· Allows any person authorized to possess consumer grade fireworks to discharge them on their own property or on another person’s property with permission on the following days:
o New Year’s Day;
o Chinese New Year;
o Cinco de Mayo;
o Memorial Day weekend;
o Juneteenth;
o July 3, 4, and 5, and the Fridays, Saturdays, and Sundays preceding and following;
o Labor Day weekend;
o Diwali;
o New Year’s Eve.
· Requires hobbyists seeking variances to demonstrate that they can engage in the hobby safely and legally and limits hobbyists to possession of five pounds of raw materials and finished fireworks produced through the hobby.
· Requires a licensed wholesaler, manufacturer, or retailer who is selling consumer grade fireworks to have safety glasses available for free or at a nominal charge.
· Requires licensed fireworks wholesalers, manufacturers, and retailers to distribute a safety pamphlet with certain minimum information to each consumer purchaser of fireworks.
The remaining provisions will become effective 30 days from the Governor’s signature:
· Establishes the Ohio Fire Code Rule Recommendation Committee to review the Fireworks Law and make recommendations to the State Fire Marshal.
· Requires the State Fire Marshal to adopt rules regulating the time, manner, and location of consumer fireworks use.
· Imposes a 4% fee on the retail sale of consumer grade fireworks, beginning 100 days after the fee provision’s effective date.
· Credits revenue from the new fee to fund firefighter training programs and the State Fire Marshal’s regulation and enforcement of the fireworks industry.
· Creates a new license allowing retailers to sell ground-based or hand-held sparklers called “fountain devices,” which the State Fire Marshal may begin to issue in 2022.
· Requires the State Fire Marshal to adopt rules for and enforce the new provisions for fountain device retailers
· Increases from 5,000 to 7,500 square feet the maximum floor area of a retail sales showroom, to which the public has access, that a licensed fireworks manufacturer or wholesaler uses to sell consumer grade fireworks, but requires expanded showrooms to be equipped with sprinkler systems meeting a specific standard.
· Establishes that the “state militia” for purposes of an existing exemption from the fireworks law is the state militia as recognized by the Adjutant General of Ohio.
The League is pleased that the Ohio General Assembly recognized in HB 172 the important of maintaining local control and that the Governor has signed this bill into law.
PRESIDENT TO SIGN INFRASTRUCTURE BILL WITH BILLIONS IN FUNDING FOR OHIO
Last week on Friday, November 5, the U.S. House of Representatives passed the “Infrastructure Investment and Jobs Act” (IIJA), a $1.2 trillion package that includes $550 billion over 5 years in new federal investments for infrastructure nationwide. The bill will also add an estimated two million jobs per year to the national economy. President Biden is expected to sign the bill Monday. You can find a section-by-section summary made available by the National League of Cities (NLC) HERE.
Ohio will receive the following infrastructure investments:
· $9.2 billion for Ohio’s roads and highways
· Approximately $500 million to assist with bridge repairs and $12.5 billion available in competitive grants
· At least $100 million to expand broadband to unreached areas of the state
· $1.4 billion for water infrastructure
· $1.2 billion for public mass transportation
· $253 million for airport improvements
· $140 million for the construction electric vehicle charging network in the state
· $1 billion for the Great Lakes Restoration Initiative to decrease pollution, prevent invasive species, and mitigate erosion and rising lake levels
You can find a fact sheet from the White House on Ohio’s distribution HERE.
The IIJA includes the following nationwide infrastructure investments:
· $110 billion for roads, bridges, and other major infrastructure projects
· $40 billion for bridge repair, replacement, and rehabilitation
· $66 billion for passenger and freight rail
· $39.2 billion for public transit
· $65 billion for broadband
· $55 billion for upgrading water systems, including replacing lead pipes
· $47.2 billion for cybersecurity
· $16.6 billion for port infrastructure
· $25 billion for airports
· $21 billion for brownfield remediation
· $50 billion for communities to deal with natural disasters like fires, floods, storms, and droughts
· $11 billion for transportation safety, including a funding program to help states and local governments to reduce crashes and fatalities
· $7.5 billion for zero- and low-emission buses and ferries
· $7.5 billion for the construction of a nationwide network of electric vehicle chargers
· $65 billion to rebuild the electric grid nationwide
· $1 billion for reconnecting communities by removing barriers to opportunity caused by legacy infrastructure
· $8.3 billion for the Bureau of Reclamation western water infrastructure
· $16 billion for major projects that are too large or complex for traditional funding programs
We will alert our members when there is more information regarding when the funds will be distributed and how Ohio cities and villages will be able to access revenues available to local governments. We will also keep members apprised of further breakdowns and summaries regarding the funding as that information becomes available.
SOVEREIGN IMMUNITY CHANGES BEING CONSIDERED IN OHIO HOUSE
This week, an amendment impacting municipal sovereign immunity was adopted into SB 56, which is sponsored by Sen. Blessing (R – Colerain Twp.) and was written to regulate the use of indemnity provisions in professional design contracts related to public improvements. The amendment is similar to language that the League helped craft during the last General Assembly.
The amendment modifies the definition of "emergency call" to mean “a communication from an individual, a police dispatch, another peace officer, or personal observation and knowledge by a peace officer only if that communication, dispatch, or personal peace officer observation or knowledge involves or concerns an inherently dangerous situation that demands an immediate response from a peace officer” and removes the reference to "a call to duty" in the existing definition of "emergency call”.
It also requires the reduction of compensatory damages recoverable against a municipality by the percentage of contributory fault that can be attributed to the plaintiff or any other party.
The League is neutral on this amendment, which you can read in full HERE.
SB 56 is currently pending in the House Civil Justice Committee. We will continue to keep our members apprised on this legislation
There is currently another bill impacting municipal sovereign immunity which the League is opposed to.
HB 472, introduced last week by Rep. Ingram (D – Cincinnati) would eliminate certain defenses to political subdivision liability for an employee's negligent operation of a motor vehicle and reduce damages recoverable against a political subdivision in such actions by the contributory fault of the plaintiff or other parties. This bill is similar to legislation the representative sponsored in the last General Assembly, which the League opposed. You can find the analysis for HB 472 HERE.
HB 472 would virtually eliminate sovereign immunity for emergency responders in the event of an accidental motor vehicle collision involving any emergency vehicle responding to an emergency. This would impede the ability of first responders to execute their duties safely, quickly and efficiently by instilling first responders with a fear of being sued.
This bill would also substantially increase litigation costs for municipalities while local taxpayers would be responsible for bearing that cost as well as the cost of the claims paid by the municipality. Municipalities would also face higher premiums for liability insurance, which would also be paid for by the taxpayer.
We will alert our members if this proposal receives committee action.
BILL ON CRITICAL RACE THEORY INCLUDES PREEMPTION OF LOCAL CONTROL
We want to remind our members of another legislative preemption currently pending in the Ohio House.
As we previously reported, HB 327, which is sponsored by Rep. Grendell (R – Chesterland) and Rep. Fowler (R – Rock Creek), would prohibit school districts, community schools, STEM schools, and state agencies from teaching, advocating, or promoting “divisive concepts”, such as critical race theory. The bill has had four hearings in the House State and Local Government Committee and several substitute bills have been adopted.
Under the first substitute bill adopted in June, the bill’s prohibitions extend to local governments regarding the teaching, instruction or training on “divisive concepts” to any employees, contractors and staff members, and prohibits requiring the adoption or belief in those concepts. This is an unfunded mandate directing local government to take measures to ensure compliance, including ensuring that grant funds will not be used to promote “divisive concepts”, reviewing employee training programs relating to diversity or inclusion, and ensuring that employees and contractors are continually in compliance with the legislation. You can read the bill analysis in full HERE and a comparison document of the bill’s amendments HERE.
We strongly encourage our members to contact their representatives and urge them to oppose HB 327 as a preemption of local control and an unfunded mandate. Local leaders must impress upon legislators that the issue of critical race theory is a school issue and does not pertain in any way to the operation of local government. HB 327 would interfere with municipal leaders’ ability to ensure good governance by burdening local governments with needless ongoing work to prove they are in compliance with the unfunded mandates of this bill.
It is possible that the House will act on this bill prior to Thanksgiving. We will continue to keep our members apprised on this legislation.
OHIO OFFICE OF BUDGET AND MANAGEMENT (OBM) TO HOLD SECOND OHIO GRANTS SUMMIT
On Tuesday, December 7, The Ohio Office of Budget and Management is virtually hosting the second Ohio Grants Summit. The first summit was held in September of 2020.
The Ohio Grants Summit is a unique event offering the opportunity to connect local government leaders and financial managers to resources and education to support their management of federal grant funds. This year, the Summit sessions include the following topics:
o Ohio Broadband;
o Emerging Issues in Federal Funds;
o Allowable Uses of Fiscal Recovery Funds on Water and Wastewater Infrastructure;
o Preparing for a Single Audit and Accounting for COVID Funds;
o Federal Procurement; and
o Compliance and Legal Considerations with Fiscal Recovery Funds
o This free event is specifically for local governments and non-profits that apply for and receive grant funding from the State of Ohio.
Don’t miss out on this important and informative event! To learn more and to register, click HERE
APPLICATIONS OPEN FOR ELECTRIC VEHICLE CHARGING STATIONS GRANT
The Ohio EPA is inviting applications for grants under its Diesel Mitigation Trust Fund (DMTF) program to help fund the installation of publicly available DC Fast Charging (DCFC) Electric Vehicle (EV) charging stations in 26 Ohio priority counties. This program is supported with funds from Ohio’s allocation under the Volkswagen Mitigation Trust Fund.
For chargers located on Government Owned property, Ohio EPA will provide up to 100% of eligible project costs. For chargers located on Non-Government Owned property, Ohio EPA will provide up to 80% of eligible project costs.
OHIO EPA TO HOLD NOVEMBER WEBINAR ON MOSQUITO CONTROL
On Thursday, November 18 at 10 a.m., the Ohio EPA will hold a webinar entitled “Fight the Bite! Ohio EPA’s Mosquito Control Grant Application Overview”. This webinar will provide a brief overview of Ohio EPA's Mosquito Control Grant (MCG) and information on how to apply for the upcoming grant cycle. Mosquito control grants are available annually to health departments or other governmental organizations to aid with mosquito surveillance, control, source reduction, and community outreach. Learn more and register HERE.
FREE UPCOMING OML WEBINAR ON WORKERS’ COMPENSATION
On Thursday, November 18 at 11:00 a.m., the League will be hosting a free webinar entitled “Workers’ Compensation Issues Most Impacting Cities and Villages”. The Ohio’s Firefighter Cancer Presumption law was enacted four years ago and PTSD legislation for first responders was passed last year. These laws impact cities & villages as much as any employer in the State. This presentation will discuss how cities & villages can investigate and respond to these claims. Learn more and register HERE.
INVITATION TO JOIN MUNICIPAL ENGINEERS ASSOCIATION OF OHIO (MEAO)
The League is inviting your municipal engineer to become an inaugural member of the Municipal Engineers Association of Ohio. As an inaugural member, your municipality will help us shape the mission, goals, and priorities of this important organization. Membership will allow you to engage your fellow municipal engineers, understand and impact state legislation, programs and policies, receive professional development. Learn more about MEAO membership HERE
BILLS OF MUNICIPAL INTEREST PASSED BY THE OHIO SENATE
· HB 177 – Ledger Technology . Sponsored by Rep. Carfagna, R – Genoa Twp.) and Rep. Fraizer (R – Newark), would a governmental entity to utilize distributed ledger technology, including blockchain technology. The bill was passed unanimously by the Senate and now heads to the desk of the Governor for his signature.
NEW BILLS OF MUNICIPAL INTEREST
· SB 260 – Political Subdivision. Sponsored by Rep. Lang (R – West Chester Twp.), would expand political subdivision joint purchasing authority to expressly include purchases for construction services.
COMMITTEE RECAP: BILLS OF MUNICIPAL INTEREST
· SB 225 – Tax Credits. Sponsored by Sen. Schuring (R – Canton), would temporarily modify the historic rehabilitation and the opportunity zone investment tax credits. During its this hearing before the Senate Finance Committee, the League offered proponent testimony in support of this legislation. You can read the testimony in full HERE.
· HB 126 – Property Values. Sponsored by Rep. Merrin (R – Monclova Twp.), would require local governments that contest property values to formally pass an authorizing resolution for each contest and notify property owners. During its third hearing before the Senate Ways and Means Committee, opponents including the Ohio Association of School Business Officials and the Ohio Township Association testified against the bill. The League is neutral on this legislation.
· HB 458 – Special Elections. Sponsored by Rep. Hall (R - Middletown), would eliminate August special elections except when held to nominate or elect candidates for the United States House of Representatives. During its first hearing before the House Ways and Means Committee, the bill’s sponsor explained that the bill is intended to save taxpayer money by prohibiting local governments from passing levies at “historically low voter turnout elections”. However, the bill allows political subdivisions to place levies onto ballots special elections if they agree to pay their apportioned share of the election costs and if the local government is going into fiscal emergency. The League is still looking into this legislation.
· HB 436 – Port Authorities. Sponsored by Rep. Jordan (R – Ostrander) and Rep. Carfagna (R – Genoa Twp.), narrows the purposes for which a port authority that was created prior to July 9, 1982, may issue revenue bonds beyond the limit of bonded indebtedness and to exempt from sales and use tax sales of tangible personal property or services used in fulfilling a public contract with a port authority. During its second hearing before the House Ways and Means Committee, proponents including the Delaware County Finance Authority and the Ohio Chamber of Commerce testified in support of the bill. The League is still looking into this legislation.
· HB 184 – OPF Disability. Sponsored by Rep. Carfagna (R – Genoa Twp.), would revise Ohio Police and Fire Pension Fund disability determination procedures. During its third hearing before the Senate Insurance Committee, the bill was amended to authorize the Ohio Police & Fire Pension Fund Track to allow advanced practice registered nurses and physician assistants administer initial examinations for permanent disability if a physician reviews and signs on to the report. The League is neutral on this legislation.
