\OML UPDATE AT-A-GLANCE
Here are the top eight things you need to know from this past week:
· The U.S. Treasury has issued updated reporting timelines for American Rescue Plan Act (ARPA) funds received by state and local governments. Municipalities that received direct ARPA distributions will now be required to report project and expenditure data on January 31, 2022, instead of Oct 31, 2021 . The first reporting deadline for non-entitlement units of local government (NEUs) will now be April 30, 2022, instead of Oct 31, 2021. ARPA recipients should have received notification of these updated timelines for reporting. You can read the communications from the U.S. Treasury HERE.
· As this year’s 2021 OML Annual Conference will now take place from October 20-22 as a virtual conference, the League is using the opportunity to offer attendees an expanded agenda with even more topics and presentations on issues critical to municipalities. You can access this new expanded agenda HERE. We will also be sending recordings of each presentation to all attendees. This means no one will face any scheduling conflicts as you will be able to view the recording any time at your convenience. Additionally, we have lowered the registration fee to $150. If you have not already, you can register for the conference HERE.
· A lawsuit challenging the Republican redistricting maps for state legislative districts has been scheduled for oral arguments before the Ohio Supreme Court of December 8. Last week, the American Civil Liberties Union of Ohio, the League of Women Voters and the A. Philip Randolph Institute filed suit, alleging that the maps violate the state’s constitutional language on redistricting. Two other lawsuits have also been filed against the Ohio Redistricting Commission: one was filed by the Ohio Environmental Council, the Council on American-Islamic Relations in Ohio and the Ohio Organizing Collaborative, and the other was filed by a group of six Ohio voters.
· The Ohio Bureau of Workers’ Compensation has approved a 10% rate reduction for public employers. This means those entities will pay approximately $17 million less in workers’ compensation insurance premiums. This rate cut will become effective on January 1, 2022.
· The Transformational Mixed-Use Development Program is now accepting applications, according to the Ohio Department of Development (DOD). The program was created by SB 39, sponsored by Sen. Schuring (R – Canton) in the 133rd General Assembly and provides a tax credit for major mixed-use developments. The credit can be used for new construction or improving vacant buildings and must have a long-term impact on both the local economy and the social state of the immediate area. To learn more and two apply, click HERE.
· The Ohio Department of Transportation (ODOT) has announced that the Transportation Review Advisory Council (TRAC) has approved over $292 million in new funding over four years through ODOT’s Major New Capacity Program. The funding will be allocated to projects throughout the state that will focus on enhancing Ohio’s transportation system capacity. Learn more and find a list of approved projects 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.
LEAGUE OFFERS EXPANDED AGENDA FOR VIRTUAL 2021 OML ANNUAL CONFERENCE OCTOBER 20-22
As this year’s 2021 OML Annual Conference will now take place as a virtual conference, the League is using the opportunity to offer attendees an expanded agenda with even more topics and presentations on issues critical to municipalities. You can access this new expanded agenda HERE.
We will also be sending recordings of each presentation to all attendees. This means no one will face any scheduling conflicts as you will be able to view the recording any time at your convenience.
The virtual conference will be held October 20-22 and we have lowered the registration fee to $150. If you have not already, you can register for the conference HERE.
We are looking forward to offering our attendees an agenda packed with valuable information covering timely issues that Ohio's local leaders need to navigate these unprecedented times. Make sure you register soon!
HEARING HELD ON HOUSE BILL PREEMPTING HOME RULE AUTHORITY ON KNIFE REGULATIONS
This week, a second hearing was held on the House version of legislation preempting municipal authority over the regulation of knives HB 243, which is sponsored by Rep. Cutrona (R – Canfield) by prohibiting local governments from regulating or taxing knives and knife components. During its second hearing before the House Government Oversight Committee, a representative from Knife Rights and a knife manufacture testified in support of the bill.
The Senate version of this legislation is SB 156, which is sponsored by Sen. Roegner (R – Hudson). SB 156 differs from HB 243 in that SB 156 has been amended with a substitute bill to add knives to the list of arms Ohioans have a right to keep and carry under the Ohio Revised Code. 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 another 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.
VOTE ON NEW VACCINE BILL DELAYED FOR FURTHER DELIBERATIONS
A new bill dealing with the issue of mandatory COVID-19 vaccines was pulled from the House floor and sent back to the drawing board after initially being fast-tracked through the legislative process.
The bill, HB 435, is sponsored by Rep. Carfagna (R – Genoa Twp.) and Rep. Seitz (R – Greem Township), was initially introduced as a “placeholder” bill that was then amended Wednesday in the House Health Committee with a substitute bill that allows exemptions from both public and private sector COVID-19 vaccination mandates for FDA-approved vaccines for medical reasons, natural immunity demonstrated by COVID-19 antibodies and religious beliefs. These exemptions would not apply to those working in children’s hospitals, intensive or critical care units of hospitals or companies conducting research and development on infections organisms. You can read the bill analysis HERE.
The bill includes another infringement on local control by prohibiting facilities owned by a political subdivision from requiring proof of vaccination. The League stands opposed to preemptions on local control.
Another provision impacting municipalities is language extending qualified immunity for institutions including local governments. This provision was initially in HB 606 during the 133rd General Assembly. The qualified immunity would be extended through June 30, 2023. You can read the HB 606 analysis HERE.
The bill was reported out of committee after one hearing and had been slated for a vote on the House floor on that same day. Instead, the bill was re-referred to the House Rules and Reference Committee, which determines which committee receives a bill for hearings. House Speaker Bob Cupp (R – Lima) said the vote was delayed because legislators wanted more time to work on the bill. We will continue to keep our members apprised of this legislation.
PROCLAMATION CAN HELP MUNICIPALITIES SHOW SUPPORT FOR AFTERSCHOOL PROGRAMS
The following is a communication from the Ohio Afterschool Network:
Many communities across the United States will secure a proclamation from their governor or municipal leaders in support of Lights On Afterschool. In fact, nearly every governor in the country signs a proclamation each year. Gov. DeWine has provided a proclamation for 2021! This gesture is a simple way for municipalities to show their support for the programs, youth and families in Ohio. You can access sample proclamation language HERE.
UPCOMING OML WEBINARS ON BROADBAND AND WORKERS’ COMPENSATION
On Tuesday, October 5 from 11 a.m. to 12 p.m., the League will be hosting a free webinar entitled “Ohio’s Efforts to Bring Affordable Broadband to Unserved and Underserved Areas.” Presenters from BroadbandOhio will lead a discussion of opportunities that are available to get affordable broadband into unserved or underserved areas of Ohio. Learn more and register HERE.
Additionally, on November 18 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.
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 will take place on October 7 from 10 a.m. – 3:15 p.m. at the Mid-Ohio Regional Planning Commission (MORPC) at 111 Liberty St., Unit 100, in downtown Columbus.
You can find the meeting agenda HERE. Learn more about MEAO membership HERE.
MUNICIPAL LEGISLATION PASSED BY THE OHIO HOUSE
· HB 175 – Water Pollution. Sponsored by Rep. Hillyer (R – Urichsville), would deregulate certain ephemeral water features under various water pollution control laws. During its sixth hearing before the House Agriculture and Conservation Committee, the bill was amended to restate, for clarification, current law regarding illegal dumping and discharge in waterways. The bill was reported out of committee and passed by the full House by a vote of 61-33. The bill now heads to the Senate for consideration.
COMMITTEE RECAP: 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 to create an appeals process for improper billing of municipal services. During its first hearing before the House State and Local Government Committee, the bill’s sponsor explained that the legislation is intended to make sur property owners are not forced to pay excessive sewer and water bills that are caused by their tenants. The League is looking into this legislation.
· HB 228 – Municipal Corporation Tax. Sponsored by Rep. Roemer (R – Richfield), would make changes related to state-administered municipal net profits taxes. During its third hearing before the Senate Ways and Means Committee, the Ohio Society of CPAs testified as proponents. The League is supportive of this legislation.
· SB 115 – Pooled Collateral. Sponsored by Sen. Schuring, (R – Canton), would make changes to the Ohio Pooled Collateral Program. During its first hearing before the House Financial Institutions Committee, the League submitted proponent testimony in support of the bill. The bill was then reported out of committee. You can read the testimony in full HERE.
· HB 325 – Emergency Powers. Sponsored by Rep. Wiggam (R – Wooster), is regarding a political subdivision's emergency powers when suppressing a riot, mob, or potential riot or mob and the preservation of rights regarding firearms during an emergency. During its first hearing before the House Government Oversight Committee, the bill’s sponsor said that the bill is intended to protect Second Amendment rights and to prevent “both local and state governments from infringing on those rights under the declaration of emergency.” The League is looking into this legislation.
· HB 177 – Ledger Technology. Sponsored by Rep. Carfagna (R – Genoa Twp.) and Rep. Fraizer (R – Newark), would allow a governmental entity to utilize distributed ledger technology, including blockchain technology. During its second hearing before the Senate Financial Institutions and Technology Committee, the League along with the County Commissioners Association of Ohio, the Ohio Municipal League and the Ohio Township Association submitted proponent testimony. You can read the testimony in full HERE.
· SB 83 – Brownfield Sites. Sponsored by Sen. Williams (D – Cleveland) and Sen. Rulli (R – Salem), would require the Ohio Environmental Protection Agency to conduct a study to determine where brownfield sites are located in this state and make an appropriation. During its third hearing before the House Agriculture and Conservation Committee, the League submitted proponent testimony in support of the bill. You can read the testimony in full HERE.
· HB 385 – Water Pollution (Cross (R – Kenton), would prohibit a municipal corporation located within the Western Basin of Lake Erie from discharging any amount of waste into Ohio waters. During its first hearing before the House Agriculture and Conservation Committee, the bill’s sponsor explained that the legislation would impose a fine on a local government for discharging raw sewage into Lake Erie. The League is still looking into this legislation.
· SB 56 – Design Contracts. Sponsored by Sen. Blessing (R – Colerain Twp.), would regulate the use of indemnity provisions in professional design contracts related to public improvements. During its second hearing before the House Civil Justice Committee, proponents including the American Council of Engineering Companies of Ohio testified in support of the bill. The League is neutral on this legislation. (Link: https://bit.ly/3gUF8ZW)
· HB 91 – Public Facility Partnerships. Sponsored by Rep. Patton (R – Strongsville), would authorize certain public entities to enter into public-private initiatives with a private party through a public-private agreement regarding public facilities. During its second hearing before the House Infrastructure and Rural Development Committee, no testimony was heard on the bill. 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 second hearing before the Senate Health Committee, the bill was reported out of committee. The League is neutral on this legislation.
