OML UPDATE AT-A-GLANCE
Here are the top things you need to know from this past week:
· The Ohio General Assembly will not be returning to legislative activity next week and may not return to the Statehouse until mid-May. We will alert our members when the legislature announces their return. Below is the list of new legislation introduced at the Ohio Statehouse impacting Ohio cities and villages.
· Yesterday, Governor DeWine announced a new initiative focusing on water infrastructure improvements, broadband expansion, brownfield redevelopment, the demolition of blighted buildings, and other areas of investment in communities across the state. The governor announced that through the newly created Ohio BUILDS initiative, a $500 million investment in Ohio’s 32 Appalachia counties focusing on downtown redevelopment, community health and workforce development will be made via the Ohio BUILDS - Small Communities, Big Impact - A Plan for Appalachia program. Read more about the new investment plan below.
· This week, Gov. DeWine announced the awarding of more than $60 million in state funding through the newly created Brownfield Remediation Grant Program, also part of the Ohio BUILDS initiative. As part of the new program, the Ohio Department of Development (ODOD) is providing funding for 78 projects, including approximately $54.8 million for 37 clean-up projects and $5.5 million for 41 assessment projects. These projects will impact communities in 35 counties across the state. Funding for the program is first come, first served with a $1 million set-aside for each county. Tuesday’s announcements are the first group of grants awarded as part of Round 1 of the Ohio Brownfield Remediation Program, with nearly $350 million to be invested in total in coming months. HERE is a link providing a summary of all 78 grant awards and a link HERE showing the projects by county for the first round of funding for Brownfield Remediation Assessments and Cleanup Grants. Read more below for additional information.
· Brownfield Round Two Application Deadline Extended. The application period for Round 2 of the Brownfield Remediation Program has been extended. Applications are now open through May 31, 2022. The Brownfield Remediation Program provides grants for the remediation of Brownfield sites throughout Ohio. Nearly $350 million in funds is available through three application rounds. Round 2 funding is only available for counties who did not meet their $1 million county set-aside in Round 1. Applications can be submitted for remaining set-asides available. Any requests over the remaining county set-aside will be eligible to apply in Round 3. All remaining funds not exhausted in the first two rounds will be made available statewide in Round 3, which will begin on July 1, 2022. A list of eligible counties and remaining set-asides can be found at development.ohio.gov/brownfield. Questions can be sent to redevelopment@development.ohio.gov.
· Earlier this week, the league notified our members through a Member Alert HERE that more than $5 billion in discretionary grant funding for the new federal Safe Streets and Roads for All Grant program (SS4A) will soon be available for municipalities, counties, special districts, metropolitan planning organizations, and federally recognized tribal governments. We want to remind our members that on Monday, May 2nd from 1pm-3pm, the US DOT is offering a pre-application informational webinar for the Safe Streets and Roads for All Grant opportunity. This webinar will be recorded and will serve as a resource for prospective SS4A applicants. The webinar is titled Getting Ready for the Safe Streets and Roads for All (SS4A). Opening remarks will be made by Robin Hutcheson, Acting Administrator, Federal Motor Carrier Safety Administration (FMCSA). Registration information is HERE.
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U.S. Treasury Webinar: State & Local Fiscal Recovery Funds - Project and Expenditure Report Pt. I. The demonstration includes an example of a revenue loss submission and is geared toward units of government with smaller allocations with an emphasis on those electing the standard allowance. See articles HERE for more important information on the first NEU filing requirement for the APRA program. The league is aware that there are 33 NEU municipal recipients who have not completed their filing as of Wednesday. The filing requirement is mandatory, and we encourage members to comply with the federal guidelines as soon as possible to participate in the program.
· The National League of Cities (NLC) alerted us that the Department of Treasury recently published a set of answers to frequently asked questions related to State and Local Fiscal Recovery Funds, authorized under ARPA. The document HERE is designed to help recipients understand and apply the final rule. This document addresses many of the questions received by the Department since the Final Rule was released which also includes many FAQs that were available in connection with the interim final rule. Treasury anticipates updating this document as additional guidance is developed.
· Tuesday, May 10th, 2 p.m. Ohio EPA invites league members to join their webinar on Brownfield funding opportunities. The webinar will help local leaders gain a better understanding of what a Brownfield is, learn how Brownfield revitalization can be a part of your community’s economic development strategy, and hear from state and national representatives on funding opportunities, including the newest resources available to you and your community. OEPA will host an additional webinar Thursday, May 19th, 10 a.m. titled A Deeper Dive into the Ohio Materials Marketplace. The Marketplace aims to create a closed-loop, collaborative network of businesses, organizations, and entrepreneurs where one organization’s hard-to-recycle wastes and by-products become another organization’s raw material. More information and to register for these webinars see HERE and HERE.
· Registration is now open for the 2022 OML Regional Conference series. These important and content-packed, one day regional conferences will cover critical information those who work for a municipality need to understand and be familiar with. These events are also an important opportunity to meet and network with other municipal leaders in your area. Topics include updates on ethics issues, a deep dive into Ohio’s Home Rule authorities, issues related to public financing and public records management and much more! For the full agenda and to register, go HERE.
· Registration is open for the Municipal Finance Officers Association of Ohio (MFOA) 2022 Annual Conference! The conference will be held in-person Wednesday, May 18 through Friday, May 20. The event will be held at the Marriott Columbus Northwest located at 5605 Blazer Parkway in Dublin, Ohio. As always CPE, CPIM and FIA credit will be offered for participants. To learn more and to register, click HERE.
OHIO BUILDS-SMALL COMMUNITIES, BIG IMPACT- A PLAN FOR APPALACHIA INVESTMENT PROGRAM ANNOUNCED
Thursday afternoon, Governor DeWine and Lt. Gov. Husted held press events through-out southeastern Ohio to announce what they termed as a “long overdue, comprehensive investment in the Appalachian region of Ohio." The proposal for a $500 million investment to support local initiatives to revitalize downtown districts, enhance quality of life, and help rebuild the economies would be part of the Ohio BUILDS - Small Communities, Big Impact - A Plan for Appalachia program. The plan would direct funding into three priority areas of restoring historic downtowns, improving community health, and rebuilding the local workforce.
The proposal includes a $50 million planning phase to allow Appalachian communities and regional partnerships to develop plans that incorporate each of the three funding priorities. Following the planning, $450 million in implementation grants would be invested to help communities and regional groups carry out qualifying projects to rejuvenate the region and stimulate economic growth.
The 32-county Appalachian region covers 39% of the state, from Clermont County through the southern and eastern portions of state, north to Ashtabula. The region is historically economically disadvantaged and sparsely populated, with 124 persons per square mile compared to the statewide average of 285.
Ohio’s 32 contiguous Appalachian counties are: Adams, Ashtabula, Athens, Belmont, Brown, Carroll, Clermont, Columbiana, Coshocton, Gallia, Guernsey, Harrison, Highland, Hocking, Holmes, Jackson, Jefferson, Lawrence, Mahoning, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Scioto, Trumbull, Tuscarawas, Vinton, and Washington.
Once funding is secured, the program is to be administered through the Ohio Governor’s Office of Appalachia within the Ohio Department of Development and other agency partners.
FIRST ROUND OF BROWNFIELD REMEDIATION GRANT FUNDING AWARDED
On Tuesday, Governor DeWine announced the awarding of more than $60 million in funding to help communities clean up dozens of contaminated properties in order to provide for future economic development.
As part of the new Ohio Brownfield Remediation Program, which was part of the current state operating budget, the Ohio Department of Development is providing funding for 78 projects, including approximately $54.8 million for 37 clean-up projects and $5.5 million for 41 assessment projects. These projects will impact communities in 35 counties across the state.
The $60 million grant announcement represents the first group of grants awarded as part of Round 1 of the Ohio Brownfield Remediation Program, with nearly $350 million to be invested in total across the state in coming months.
Funds awarded will help to assess and clean up industrial, commercial, and institutional brownfield sites that are abandoned, idled, or underutilized due to a known or potential release of hazardous substances or petroleum. Following site remediation, properties can be redeveloped to revitalize neighborhoods and attract new economic development.
Examples among the 78 projects receiving funding are:
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Port Authority of Allen County: $710,000 for asbestos abatement and demolition of the former Allen County Home, vacant for more than a decade, to open the site for future redevelopment.
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Community Improvement Corporation of Belmont County: $84,150 for remediation of asbestos at Bellaire Hospital located in pipe insulation, window glazing, caulking, and floor tile to allow for future safe renovation.
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Westinghouse-Breakwater Properties (Cuyahoga County): $2.6 million for the abatement of hazardous materials and demolition of hazardous sites on a 3.6-acre property that houses an industrial facility, factory buildings, and warehouses constructed in the 1890s. The site, most recently home to Paramount Stamping and Welding, is expected to be redeveloped into a mixed-use development space.
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Port of Greater Cincinnati Development Authority (Hamilton County): $900,000 for asbestos abatement at the Shillito West Building, formerly a department store at a key corner in the downtown central business district in Cincinnati. Once completed, the property can be rehabilitated or demolished for redevelopment.
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Lucas County Land Reutilization Corporation: $1 million for asbestos abatement and lead-based paint removal throughout the Spitzer Building in downtown Toledo, which was constructed in the 1890s as one of the earliest skyscrapers in Ohio. The site is expected to be redeveloped as a mixed-use residential and commercial space.
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Piketon Village (Pike County): $1.1 million for the removal of an underground fuel storage tank, asbestos abatement, and soil remediation at the site of the former Piketon High School. The original 1975 gymnasium is expected to be renovated into an event center, and there are plans for a new building to be constructed for commercial and office use.
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Portsmouth City Health Department (Scioto County): $151,500 for asbestos abatement at the former Martings Department Store in downtown Portsmouth. Constructed in 1909, the location has been vacant since early 2000. After abatement, the site is expected to be rehabilitated and opened as developable space.
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Century Plaza Hotel (Stark County): $3.4 million to remove materials containing asbestos from the city’s first skyscraper, the 1914 Renkert Building. The removal of toxic asbestos from the 10-story building will allow for the planned redevelopment of the building into a 92-room extended-stay hotel across from Canton’s Centennial Plaza.
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Trumbull County Land Reutilization Corporation: $3.4 million for the environmental remediation and demolition of the former St. Joseph Riverside Hospital. The site will be revitalized for residential or commercial/industrial development.
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Warren County Port Authority: $1 million to remediate vacant sites at the Middletown Towne Mall that have fallen into disrepair. The site is expected to be redeveloped as the Middletown Entertainment and Sports Venue.
LEGISLATION OF MUNICIPAL INTEREST RECENTLY INTRODUCED
The following are bills that have been introduced relatively recently in the Ohio legislature which impact Ohio’s municipalities. More information is available for these and other bills introduced in the Ohio General Assembly, including current status of legislation, legislative analysis and local fiscal impact statements at: https://www.legislature.ohio.gov/
NEW BILLS OF MUNICIPAL INTEREST IN THE OHIO HOUSE OF REPRESENTATIVES
HB 547 - Photo-Monitoring Devices (Patton) would prohibit a municipal corporation or township that does not operate either a fire department or an emergency medical services organization from utilizing traffic law photo-monitoring devices.
HB 548 - Photo-Monitoring Devices (Patton) would prohibit a local authority with a population of 200 or fewer from utilizing traffic law photo-monitoring devices.
HB 549- Photo-Monitoring Devices (Patton) would prohibit a local authority, in any year, from issuing a total number of traffic tickets based on the use of traffic law photo-monitoring devices that exceeds two times the population of the local authority.
HB 550- Photo-Monitoring Devices (Patton) would prohibit a local authority from deriving more than 30 per cent of the total annual revenue of the local authority from the issuance of tickets for traffic law violations based on evidence recorded by traffic law photo-monitoring devices.
HB 551- Traffic Cameras (Patton) would require 80 per cent of all revenue from a traffic camera ticket be used for law enforcement expenses.
HB 552- Traffic Cameras (Patton) would prohibit placement of a traffic camera within one-half mile of an interstate highway entrance.
HB 553 - Traffic Cameras (Patton) would prohibit a local authority, located in a county with a population of one million or more, from using traffic cameras to enforce traffic violations on interstate highways.
HB 587 Lead Abatement Expenses (Jarrells, D. Patton, T.) To modify an income tax credit for lead abatement expenses and to make appropriations.
HB 580 Officer Orders (Miller, K.) To modify the penalty for the offense of "failure to comply with an order or signal of a police officer" involving the offender's operation of a motor vehicle and expressly provide that a motor vehicle used in the offense is subject to possible seizure and forfeiture.
HB 626 Law Enforcement (Patton, T.) To modify the penalties for the offense of "failure to comply with an order or signal of a police officer" involving the offender's operation of a motor vehicle and expressly provide that a motor vehicle used in the offense is subject to possible seizure and forfeiture.
HB 628 Adult Use Cannabis (Weinstein, C. Upchurch, T.) To enact the law proposed by initiative petition titled An Act to Control and Regulate Adult Use Cannabis.
HB 630 - Concealed Handgun License (Galonski) would repeal the changes made by S.B. 215 of the 134th General Assembly to the laws regarding a concealed handgun licensee's duty to carry the license and notify a law enforcement officer if the licensee is carrying a concealed handgun, and the rights of a qualifying adult to carry a concealed handgun in the same manner as if the person was a licensee.
HB 634 Law Enforcement Costs (Sobecki, L). To prohibit political subdivisions from requiring reimbursement for the cost of law enforcement officers' assisting victims of certain offenses.
NEW BILLS OF MUNICIPAL INTEREST IN THE OHIO SENATE
SB 310 Discriminatory Covenants (Craig, H.) To address discriminatory covenants in recorded real property documents
SB 313- Coastal Management (Gavarone, Manning) would alter the law governing coastal management.
SB 318 Universal Preschool Program (Fedor, T.) To require the establishment of a universal preschool program in the event that Congress appropriates funds for that purpose
SB 324 Health Districts (Peterson, B.) To eliminate district advisory councils for general health districts, and transfer their duties and responsibilities to boards of county commissioners.
SB 327 Repeal State Income Tax (Huffman, S.) To repeal the state income tax on nonbusiness income with a ten-year phase-out
SB 329 Property Tax (Schuring, K.) To authorize certain subdivisions to designate areas within which certain residential property is wholly or partially exempted from property taxation.
