OML UPDATE AT-A-GLANCE
Here are the top eight things you need to know from this past week:
· The Ohio legislature is officially returning from their summer recess. Both the House and Senate have session scheduled next week and a handful of committees have begun to hold hearings. Please refer to the committee list below for hearings on legislation impacting municipalities.
· The League is excited to announce that we will be holding this year’s annual conference in-person once again from October 6-8 at the Renaissance hotel in downtown Columbus. We have a great program this year and we are excited to offer our attendees an agenda packed with valuable information covering timely issues that Ohio's local leaders need to navigate these unprecedented times. In addition to sessions dealing exclusively with the myriad of unique challenges resulting from the effects of the COVID-19 pandemic, our agenda will offer many sessions addressing many other critical local concerns that local leaders are facing. Read more and find the registration link in the article below.
· On Thursday, Ohio Attorney General Dave Yost announced that Ohio has reached its own agreement in the lawsuit against opioid distributors Cardinal Health, McKesson and AmerisourceBergen. The settlement will bring up to $808 million into Ohio over 18 years. According to the OneOhio plan, local governments will receive 85% of the funds, 30% of which will be through direct payments. The remaining 55% will be allocated though a foundation managed by local government leaders. The foundation will then distribute those funds to 19 regions across Ohio. The funds can only be used for abatement efforts like law enforcement, drug treatments and counseling services. Read more about the OneOhio Foundation in the article below.
· As of Thursday, 225 municipalities have not yet applied for American Rescue Plan Act (ARPA) funds. The extended deadline for Non-Entitlement Units of local government (NEU) to apply for their allocation of ARPA dollars will end next week on September 24. Even if a municipality returns some or all of the unused funds by December 31, 2026, of the distribution they are entitled to receive, the accumulation of interest derived from having the funds in their financial institution can be used for any governmental purpose. Read more in the article below.
· Early Thursday morning, the Ohio Redistricting Commission voted along party lines to approve the new House and Senate maps proposed by Republicans. You can find the House map HERE and the Senate map HERE. The maps are expected to produce a Republican supermajority of 62-37 in the House and 23-10 in the Senate. Because no Democrats voted in favor of the new maps, according to the Ohio constitution, the maps will only last for four years rather than ten. It is highly likely that the maps will be challenged in the Ohio Supreme Court. We will continue to keep our members up to date on this issue.
· On September 28 at 2 p.m., the Ohio Innovation and Technology Association (OITA) and the Ohio County/City Technology Association (OCITA) is holding a free virtual event that will focus on how local governments can do more for citizens with fewer resources through advancements in technology. This event will feature panel discussions with municipal and county officials from the League and presentations on how technologies like Google Cloud and PayIt can serve local governments. Learn more and register HERE.
· Municipal income tax administrators are invited to register for an upcoming webinar on Thursday, October 28 from 10 a.m. to 11:30 a.m. entitled “Municipal Income Tax: COVID-19 Impacts and What’s Next”. This webinar will cover extension of the temporary withholding provision in Sec. 29 of HB 197 until the end of 2021, which was enacted in the state operating budget earlier this year. The webinar will also cover the upcoming impacts of the expiration of Sec. 29 and what municipalities can do to prepare. There will be an opportunity for Q&A during the webinar. Register HERE.
· Calling all municipal engineers: the League has launched the newly created Municipal Engineers Association of Ohio to enable municipal engineers to take advantage of peer-to-peer networking opportunities, understand and impact state legislation and policies, and receive professional development. Inaugural members will help shape the mission, goals, and priorities of this important organization. Learn more and find the link to join in the article below.
REGISTRATION OPEN FOR OML’S ANNUAL CONFERENCE OCTOBER 6-8
We are excited to hold this year’s conference in-person once again at the Renaissance hotel in downtown Columbus from October 6 to 8. Per the city of Columbus’s mask mandate, all guests will be required to wear a mask.
We have a great program this year and we are excited to offer our attendees an agenda packed with valuable information covering timely issues that Ohio's local leaders need to navigate these unprecedented times.
In addition to sessions dealing exclusively with the myriad of unique challenges resulting from the effects of the COVID-19 pandemic, our agenda will offer many sessions addressing many other critical local concerns that local leaders are facing.
Attendees will hear from experts who will address important pandemic-related issues such as changes to the municipal income tax, federal funding from the American Rescue Plan Act (ARPA) and teleworking.
The program will cover many other critical local concerns, such as affordable housing, cyber security, grants for brownfield demolition and police body cameras, racial equity, broadband and the 2020 Census.
Additionally, as members have found our past roundtable discussions an important opportunity to network with local officials from communities that share similar demographics, we will be offering city and village roundtables to ensure participants have the chance to build critical relationships, share information and exchange best practices.
More details including the tentative agenda and the link to register are HERE. Make sure you register soon. We look forward to having you join us!
BILL PREEMPTING HOME RULE AUTHORITY ON KNIFE REGULATIONS AMENDED TO IMPEDE CHALLENGES IN COURT
This week, legislation preempting municipal Home Rule authority was amended a with substitute bill intended to make it harder to challenge the bill in court. The bill, SB 156, is sponsored by Rep. Roegner (R – Hudson) and preempts municipal authority over the regulation of knives. (Link: https://bit.ly/3kfJ8FS)
During its first hearing before the Senate Veterans and Public Safety Committee, a substitute bill was adopted that adds knives to the list of arms Ohioans have a right to keep and carry under the Ohio Revised Code. The as-introduced version of the bill prohibited local governments from regulating or taxing knives and knife components. The bill’s sponsor said that the substitute bill would make the legislation less vulnerable to a Home Rule challenge in court.
This bill is a preemption against local authority as granted to municipalizes by the Ohio Constitution and is opposed by the League. We will alert our members if there is an opportunity to testify in opposition to this bill before committee and we will continue to keep our members updated on this legislation.
INITIAL WORK BEGINS ON CREATING THE ONEOHIO FOUNDATION
As the Ohio lawsuit against opioid distributors has reached a settlement agreement, the OneOhio plan will now take effect in order to distribute the funds to local communities for addition abatement purposes. According to the OneOhio agreement, 55% of the funds will be allocated through the statewide OneOhio Foundation that will develop and oversee how the funding will be distributed to local governments to meet both the short-term and long-term needs of communities battling on the front lines of the opioid epidemic.
Under OneOhio, the state will be divided into 19 regions. Eight of the regions will be single or two county metropolitan regions while eleven of the regions will be multi-county, non-metropolitan regions. Each region must create their own governing structure and must appoint a member of the OneOhio Foundation board to represent that region. You can find a map of the regions HERE.
The League along with other local government associations are currently working with the Governor’s office and the Ohio Attorney General’s office to finalize a procedure regarding how each region will appoint its board representative. We will alert our member when that procedure is finalized.
The OneOhio foundation’s board will be comprised of 29 members comprising of representatives from the following four classes:
- Six members selected by the State
- Five selected by the Governor
- One selected by the Attorney General
- Four members selected from the legislature
- One selected by the President of the Ohio Senate
- One selected by the Ohio Senate Minority Leader
- One selected by the Speaker of the Ohio House of Representatives
- One selected by the Ohio House Minority Leader
- Eleven members with one member selected from each non-metropolitan region
- Eight members, with one member selected from each metropolitan region.
The board will also provide recommendations for OneOhio Foundation’s Executive Director and appoint an Expert Panel comprised of experts in addiction, pain management, public health and other opioid-related fields. The panel will recommendations to help ensure that all the regions can address the opioid epidemic locally and statewide.
The current target date for completing the formation of the board and for the board’s first meeting is November 1. We will continue to keep our members apprised of updates regarding the settlement agreement and the OneOhio plan.
EXTENDED DEADLINE FOR NON-ENTITLEMENT UNITS OF LOCAL GOVERNMENT (NEU) TO APPLY FOR AMERICAN RESCUE PLAN ACT (ARPA) FUNDS ENDS SEPTEMBER 24
The extended deadline for Non-Entitlement Units of local government (NEU) to apply for their allocation of Federal American Rescue Plan Act (ARPA) dollars will end next week on September 24, 2021. 225 eligible municipalities have not yet applied for this funding
The U.S. Treasury requires the state to determine which NEUs are unresponsive and redistribute the allocation proportionally to the NEUs that were responsive. The Ohio Office of Budget and Management (OBM) is currently working through the process of contacting entities that have not applied, and they intend to keep the application portal open to all NEUs that want to apply.
These funds are an opportunity to invest one-time dollars into Ohio communities for benefits that can last for years. Funds need to be obligated by December 31, 2024 and completely spent by December 31, 2026. Given the long timeline to spend, OBM is encouraging NEUs to apply and take time to plan. Interest earned on these dollars does not need to go back into the program but can be used for any governmental purpose. NEUs can apply and start earning interest while they are strategically planning how best to use their dollars.
The NEUs that have not yet applied can do so HERE. The application is simple and there are step-by-step instructions on the site. If anyone is having trouble, they can email grants@obm.ohio.gov. You can also find recorded webinars with more information about the opportunity HERE.
UPCOMING OML WEBINARS ON AFFORDABLE HOUSING AND WORKERS’ COMPENSATION
On September 23 at 11:00 a.m., the League will be hosting a webinar entitled “Use of Economic Development Tools to Promote Affordable Housing”. Join Bricker & Eckler LLP attorneys Rob McCarthy and Jackie Lewis for a discussion regarding Ohio's growing affordable housing crisis and learn how Ohio's economic development tools can be used to support the development of affordable housing in your community. Learn more and register HERE.
Additionally, on October 20 at 11:00 a.m., the League will be hosting a 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.
OHIO EPA TO HOLD FREE VIRTUAL SUSTAINABILITY CONFERENCE
From September 21-23, the Ohio EPA will be holding a free virtual Sustainability Conference. Attendees will hear from Ohio's community leaders on how they have implemented sustainability programs at the local level. Many businesses, communities, academia, and other organizations are moving beyond compliance and incorporating sustainable environmental practices into their daily operations. This conference will show attendees how to encourage, implement and celebrate sustainable practices to strengthen Ohio’s diverse organizations. Learn more and register HERE.
REGISTRATION OPEN FOR MUNICIPAL ENGINEERS ASSOCIATION OF OHIO
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. Our inaugural meeting is October 7 in Columbus, coinciding with the OML Annual Conference. Learn more about membership HERE and register for conference HERE.
NEW BILLS OF MUNICIPAL INTEREST
· HB 422 – Municipal Utilities. Sponsored by Rep. Fraizer (R – Newark) and Rep. West (D – Canton), would limit the amount municipal corporations can recover from property owners of non-owner-occupied properties for unpaid municipal utility and other service rates and charges and create an appeals process for improper billing of municipal services.
COMMITTEE RECAP: BILLS OF MUNICIPAL INTEREST
· HB 228 – Municipal Corporation Tax. Sponsored by Rep. Roemer (R – Richfield), would make changes related to state-administered municipal net profits taxes. During its first hearing before the Senate Ways and Means Committee, the bill’s sponsor explained that the bill makes updates to municipal net profit tax law “to improve the relationship between the taxpayer, the municipality and the state.” The League is supportive of this legislation.
· SB 217 – Criminal Record Checks. Sponsored by Sen. Schaffer (R – Lancaster), would modify the law regarding access to criminal record check information with respect to long-term care ombudsman programs, direct-care positions, community-based long-term care services, and certain persons serving as a municipal corporation tax administrator, and declare an emergency. During its first hearing before the Senate Health Committee, the bill’s sponsor explained that the legislation is necessary in order to keep the Bureau of Criminal Investigation (BCI) in compliance with federal law regarding the Criminal History Record Information (CHRI) database. The League is neutral on this legislation.
· 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 first hearing before the Senate Ways and Means Committee, the bill’s sponsor explained that the bill would require local legislative authorities to approve a resolution to contest the value of properties through a Board of Revision (BOR) complaint but allows those resolutions to be grouped together for a single vote. The League is neutral on this legislation.
· HB 140 – Tax Levies. Sponsored by Rep. Merrin (R – Monclova Twp.), would enact the "Ballot Uniformity and Transparency Act" to modify the form of election notices and ballot language for property tax levies. During its first hearing before the Senate Ways and Means Committee, the bill’s sponsor explained that the legislation is intended to make ballot language “clear and concise” and make tax levies and bond issues “transparent to voters”. The League is neutral on this legislation.
· HB 158 – Firefighting Foam. Sponsored by Rep. Baldridge (R – Winchester) and Rep. Plummer (R – Dayton), would prohibit the use of class B firefighting foam containing intentionally added PFAS chemicals for testing and training purposes. During its second hearing before the Senate Veterans and Public Safety Committee, proponents including the Ohio Chemistry Technology Council and the Alliance for Telomer Chemistry Stewardship testified in support of the bill. The League is neural on this legislation.
· SB 118 – Utilities Credit. Sponsored by Rep. Romanchuk (R – Ontario), would repeal the renewable resource credit payment provisions enacted under H.B. 6 of the 133rd General Assembly. During its second hearing before the Senate Energy and Public Utilities Committee, proponents including the Ohio Manufacturers’ Association, Americans for Prosperity Ohio and the Northwest Ohio Aggregation Coalition testified in support of the bill. The League is neutral on this legislation.
