CHAPTER 1525: WATER AND SEWER COMMISSION

Effective Date: 10-23-1972

(A) The water and sewer fund, which is hereby created in the state treasury, shall consist of moneys appropriated to the fund by the general assembly, moneys allocated to the fund pursuant to section 164.08 of the Revised Code, moneys repaid to the fund for advances made from it, and interest paid for delay in repayment of advances from the fund. The fund shall be administered by the water and sewer commission created by division (C) of this section. Moneys in the fund shall be used solely for advances to boards of county commissioners, legislative authorities of municipal corporations, and governing boards of any other public entities to meet that portion of the cost of the extension of water and sewer lines to be financed by assessments for which collections are deferred or exempt pursuant to division (B) of section 6103.052 , division (B) of section 6117.062 , or division (A) of section 929.03 of the Revised Code. Moneys allocated to the fund pursuant to section 164.08 of the Revised Code shall be used solely to make advances to subdivisions described in this division. Advances made from moneys deposited in this fund pursuant to section 164.08 of the Revised Code shall be repaid within twenty years from the time the advance is made.

(B) The water and sewer administrative fund is hereby created in the state treasury to consist of moneys collected as fees pursuant to division (C) of section 1525.12 of the Revised Code. Moneys in this fund shall be used solely to pay the administrative costs of the water and sewer commission.

(C) There is hereby created the water and sewer commission. The commission shall consist of seven members and, for administrative purposes, shall be attached to the department of development. The members of the commission shall be the director of development or the director’s representative, the director of health or the director’s representative, the director of agriculture or the director’s representative, the director of natural resources or the director’s representative, and three members appointed by the governor. One of the three members appointed by the governor shall be a representative of industry, one shall be a farmer whose major source of income is derived from farming, and one shall be a representative of the public. The governor shall appoint one member to serve for a term of one year, one member to serve for a term of two years, and one member to serve for a term of three years. Thereafter, terms of office of members appointed by the governor shall be for three years, commencing on the twentieth day of December and ending on the nineteenth day of December. Each appointed member shall hold office from the date of appointment until the end of the term for which the member was appointed. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which the member’s predecessor was appointed shall hold office for the remainder of such term. Any appointed member shall continue in office subsequent to the expiration date of his term until the member’s successor takes office, or until a period of sixty days has elapsed, whichever occurs first. The governor shall designate the chairperson of the commission, who shall serve for a term of one year. The members of the commission shall receive no compensation other than for expenses incurred in the performance of their duties.

(D) The commission shall submit orders, made pursuant to division (D) of section 1525.12 of the Revised Code, approving advances from the water and sewer fund, to the controlling board. The controlling board shall then determine whether or not such advance shall be made. If the board determines that the advance shall be made it shall certify such action to the director of budget and management for payment.

Effective Date: 09-26-1996

The water and sewer commission shall in the administration of the water and sewer fund:

(A) Consider applications for advances from the fund made pursuant to division (D) of section 929.03 or division (A) of section 6103.052 or of section 6117.062 of the Revised Code;

(B) Determine, pursuant to the standards set forth in section 1525.13 of the Revised Code, whether an advance of moneys should be made as requested by application, approve the amount of the advance, if any, to be made, and fix the maximum time within which the advance shall be repaid;

(C) Collect from the boards of county commissioners, legislative authorities of municipal corporations, or governing boards of any other public entities requesting an advance from the water and sewer fund pursuant to division (D) of section 929.03 or division (A) of both sections 6103.052 and 6117.062 of the Revised Code a fee equal to two per cent of any moneys advanced from the fund and pay the fees into the water and sewer administrative fund created pursuant to division (B) of section 1525.11 of the Revised Code;

(D) Submit orders approving advances to the controlling board for action pursuant to division (C) of section 1525.11 of the Revised Code;

(E) Adopt pursuant to Chapter 119. of the Revised Code:

(1) Rules prescribing the form of application for advances from the fund and the time and manner of submitting such application;

(2) Rules prescribing the criteria to determine the occurrence of a change in the use of property as referred to in division (C) of section 929.03 or division (C) of both sections 6103.052 and 6117.062 of the Revised Code;

(3) Rules prescribing the criteria to consider for the disposition of requests for advances from the fund made pursuant to section 1525.13 of the Revised Code;

(4) Rules prescribing standards for the use of boards of county commissioners in determining the disposition of requests for deferment of collection of assessment pursuant to division (B) of both sections 6103.052 and 6117.062 of the Revised Code.

(F) Investigate the uses of those lands on which the deferred or exempted collection of assessments has been the basis for advances of moneys from the fund, require the boards of county commissioners to repay the commission pursuant to division (C) or (D) of section 6103.052 or (C) or (D) of section 6117.062 of the Revised Code the advances due as a result of changes in the use of property, and require boards of county commissioners, legislative authorities of municipal corporations, and other governing boards of any other public entities to repay the commission under division (D) of section 929.03 of the Revised Code;

(G) Pay into the fund all repayments of moneys advanced from the fund and interest paid for delay in repayment of advances made from the fund;

(H) Defer the repayment by a board of county commissioners of moneys previously advanced from the fund when a board defers the collection of assessments pursuant to division (C) of section 6103.052 or division (C) of section 6117.062 of the Revised Code;

(I) Employ such personnel as are required to administer this section.

Effective Date: 09-12-1986

(A) The water and sewer commission may advance moneys from the water and sewer fund to provide water and sewer facilities to aid in the establishment of new industrial plants, or the expansion of existing industrial plants, or such other industrial development as may be defined by the commission without undue financial burden upon open lands over or along which the lines for such facilities are extended.

(B) The commission may also advance moneys from the fund to provide water and sewer facilities to aid in the establishment of commercial and residential developments without undue financial burden upon open lands over or along which the lines for such facilities are extended; provided, that advances under division (A) of this section shall have priority over advances under this division.

(C) The commission may also advance moneys from the fund for assessments not collected under section 929.03 of the Revised Code. Requests made by a board of county commissioners, legislative authority of a municipal corporation, or other governing board of any other public entity under that section shall have priority over requests submitted under division (A) or (B) of this section, and the advances shall be repaid when the assessment is collected by the board of county commissioners, legislative authority, or other governing board under division (C) of section 929.03 of the Revised Code.

Effective Date: 09-12-1986