Ohio Revised Code Search
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Section 122.401 | Residential broadband expansion grant program.
...There is hereby established the Ohio residential broadband expansion grant program within the development services agency. The agency shall administer and provide staff assistance for the program. The agency shall be responsible for receiving and reviewing applications for program grants and for sending completed applications to the broadband expansion program authority for final review and award of program grants. |
Section 122.403 | Broadband expansion program authority.
...(1) There is hereby created, within the department of development, the broadband expansion program authority, which shall consist of the director of development or the director's designee, the director of the office of InnovateOhio or the director's designee, and three other members as follows: one member appointed by the president of the senate, one member appointed by the speaker of the house of representatives, an... |
Section 122.406 | Authority consideration of program applications.
...The broadband expansion program authority shall consider each application for a program grant that the development services agency has reviewed and sent to it. The authority shall score all applications according to the scoring system established under section 122.4040 of the Revised Code and award program grants based on that system according to sections 122.4043 and 122.4044 of the Revised Code. |
Section 122.407 | Authority duties.
...Revised Code. (D) Review all pending county requests made pursuant to section 122.4051 of the Revised Code for program grants. (E) Identify any best practices for, and impediments to, the continued expansion of tier two broadband infrastructure and technology in the state; (F) Coordinate and promote the availability of publicly accessible digital literacy programs to increase fluency in the use and security ... |
Section 122.408 | Authority hearings.
...The broadband expansion program authority shall conduct hearings to gather information necessary to accomplish the duties specified under section 122.407 of the Revised Code. |
Section 122.4010 | Authority annual report of findings and recommendations.
...The broadband expansion program authority, upon majority approval of the authority's members, shall submit a written public report of its findings and recommendations to the governor and the general assembly not later than the first of December of each calendar year. The authority shall not disclose any proprietary information or trade secrets in the report. Copies of the report shall be available on the developmen... |
Section 122.4013 | Grant applications by broadband providers.
...A broadband provider may apply for a program grant under the Ohio residential broadband expansion grant program. |
Section 122.4015 | Grants only for eligible projects.
...Program grants under the Ohio residential broadband expansion grant program shall be awarded only for eligible projects. |
Section 122.4016 | Ineligible projects.
...An application shall be ineligible for a program grant under the Ohio residential broadband expansion grant program if either of the following applies: (A) It proposes to provide tier two broadband service to areas where tier two broadband service is presently available. (B) In the proposed area of service, construction of a network to provide tier two broadband service currently is in progress and one of the fol... |
Section 122.4017 | Funds for grants.
...40 to 122.4077 of the Revised Code, the department of development shall adopt the requirements and publish a description of the different requirements with the program application as required under section 122.4040 of the Revised Code. |
Section 122.4018 | Grants limited by available funds.
...(A) Each fiscal year, the development services agency shall fund program grants until funds for that fiscal year are no longer available. (B) Any application pending at the end of the fiscal year shall be deemed denied, but may be refiled in a subsequent fiscal year provided that all information in the application is still current or has been updated. |
Section 122.4019 | Application submission.
...(A)(1) Each fiscal year, the department of development shall accept applications for program grants. (2) To apply for a program grant, a broadband provider shall submit an application to the department on a form prescribed by the department and shall provide the information required under section 122.4020 of the Revised Code. The form shall include a statement informing the applicant that failure to comply with th... |
Section 122.4020 | Application requirements.
...om the broadband provider informing the department of development of any information contained in the application, or within related documents submitted with it, that the provider considers proprietary or a trade secret; (16) A notarized statement that the broadband provider accepts the condition that noncompliance with Ohio residential broadband expansion grant program requirements may require the provider to ref... |
Section 122.4021 | Conditions for grants.
...As a condition for receiving a program grant under the Ohio residential broadband expansion grant program, the broadband expansion program authority may require a broadband provider that is awarded a program grant to provide a performance bond, letter of credit, or other financial assurance acceptable to the authority prior to the commencement of construction. The bond, letter of credit, or assurance shall be in the ... |
Section 122.4023 | Proprietary or trade secret evaluations.
...Pursuant to rules adopted under section 122.4077 of the Revised Code, the development services agency shall evaluate the information and documents submitted by a broadband provider in an application under section 122.4013 of the Revised Code or by a challenging provider under section 122.4030 of the Revised Code. The evaluation shall determine whether the information and documents are proprietary or constitute a trad... |
Section 122.4024 | Notification of published applications.
...The development services agency shall establish an automatic notification process through which interested parties may receive electronic mail notifications when the agency publishes application and other information on its web site pursuant to sections 122.40 to 122.4077 of the Revised Code. |
Section 122.4025 | Video service provider fees contributed to funding gap.
...A broadband provider may enter into an arrangement to designate video service provider fees remitted by the broadband provider for contribution towards an eligible project's broadband funding gap under the following circumstances: (A) The broadband provider is a video service provider that, pursuant to section 1332.32 of the Revised Code, collects and remits video service provider fees to one or more legislative au... |
Section 122.4030 | Application challenges.
...22.4019 of the Revised Code. (b) The department of development, for good cause shown, may grant the broadband provider an extension of not more than fourteen days in which to submit a challenge. (2) The challenging provider shall provide its complete challenge to the department, by electronic mail or such other means as may be established by the department. Within ten business days of its receipt of a challenge... |
Section 122.4031 | Evidence sufficient to successfully challenge.
...hall provide sufficient evidence to the department of development demonstrating that all or part of a project under the application is ineligible for a grant. The challenge shall, at minimum, include the following information: (1) Sufficient evidence disputing the notarized letter of intent submitted with the application that the eligible project contains eligible addresses; (2) Sufficient evidence attesting to... |
Section 122.4032 | Limited effect if grant application not challenged.
...on submission period established by the department of development under section 122.4019 of the Revised Code is not challenged pursuant to sections 122.4030 to 122.4035 of the Revised Code, the lack of a challenge does not do either of the following: (A) Create a presumption that residential addresses included in an application submitted in a subsequent submission period are eligible addresses under the Ohio resid... |
Section 122.4033 | Authority actions regarding a challenge.
...(A) Not later than thirty days after receipt of a challenge under sections 122.4030 to 122.4035 of the Revised Code, the broadband expansion program authority may do either of the following: (1) Suspend, subject to division (B) of this section, all or part of the application; (2) Reject the challenge, approve the application, and proceed with the application process. (B) The authority shall allow the broadband ... |
Section 122.4034 | Revision, resubmission of successfully challenged applications.
...ectronic mail or by uploading it to the department of development's designated web site for applications. The department shall publish the revised application on the department's public web site and provide the application to the challenging provider by electronic mail or such other means as may be established by the department, provided that any information determined to be proprietary or a trade secret under sectio... |
Section 122.4035 | Review of resubmitted applications.
...Upon receipt of a revised application under section 122.4034 of the Revised Code, the broadband expansion program authority shall review the revised application and decide whether to accept it or uphold the challenge under sections 122.4030 to 122.4035 of the Revised Code within fourteen days. The authority shall provide a copy of its decision to both the broadband provider that submitted the revised application and ... |
Section 122.4036 | Sanctions for challenging provider's failure to provide service.
...If the broadband expansion program authority upholds a challenge to an application under sections 122.4030 to 122.4035 of the Revised Code and the challenging provider fails to provide tier two broadband service as described in the challenge, the challenging provider, after a reasonable opportunity to be heard, may be required to do either or both of the following, in addition to being subject to other remedies avail... |
Section 122.4037 | Disposition of sanction amounts.
... on those amounts, shall be used by the department of development exclusively for grants under sections 122.40 to 122.4077 of the Revised Code. |
Section 122.47 | Issuing bonds.
...At the request of the director of development, the treasurer of state shall issue revenue bonds of the state for the purpose of acquiring moneys for the purposes of this chapter, which moneys shall be credited by the treasurer of state as the director of development shall determine to and among the funds established in accordance with or pursuant to sections 122.35, 122.42, and 122.54 of the Revised Code. Such revenu... |
Section 122.48 | Issuing revenue bonds.
..., without obtaining the consent of any department, division, commission, board, bureau, or agency of the state, and without any other proceeding or the happening of any other conditions or things than those proceedings, conditions, or things which are specifically required by such sections. |
Section 122.49 | Using bond proceeds.
...The proceeds of each issue of revenue bonds issued pursuant to sections 122.39 and 122.41 to 122.62 of the Revised Code shall be used for the making of loans authorized in sections 122.43 and 122.45 of the Revised Code, for the purchase and improvement of property authorized in section 122.46 of the Revised Code, and for the crediting into and among the funds established in accordance with sections 122.35 and 122.54,... |
Section 122.50 | Bonds not a debt of state.
...Revenue bonds issued under sections 122.39 and 122.41 to 122.62, inclusive, of the Revised Code, do not constitute a debt, or a pledge of the faith and credit, of the state or of any political subdivision thereof, but such bonds shall be payable solely from the funds pledged for their payment as authorized by such sections, or by funds derived from the issuance of refunding bonds as authorized in section 122.52... |
Section 122.51 | Bonds are lawful investments.
...All revenue bonds issued under sections 122.39 and 122.41 to 122.62, inclusive, of the Revised Code, are lawful investments of banks, building and loan and savings and loan associations, deposit guarantee associations, trust companies, trustees, fiduciaries, trustees or other officers having charge of sinking or bond retirement funds of municipal corporations and other subdivisions of this state, and of domesti... |
Section 122.52 | Issuing revenue refunding bonds.
...The director of development services may provide for the issuance of revenue refunding bonds of the state by the treasurer of state, payable solely from the sinking funds established in accordance with section 122.51 of the Revised Code at the times and in the order and manner provided by the director and in any trust agreement securing such bonds and shall also be secured by moneys in the other funds establish... |
Section 122.53 | Bonds secured by trust agreements.
...In the discretion of the treasurer of state, any bonds issued under sections 122.39 and 122.41 to 122.62 of the Revised Code, may be secured by a trust agreement between the treasurer of state and a corporate trustee, which trustee may be any trust company or bank having the powers of a trust company within or without the state. Any such trust agreement may pledge or assign payments of principal of and interest on... |
Section 122.54 | Direct loan program fund.
...The direct loan program fund is hereby created within the state treasury, to consist of money appropriated for the purpose of making loans authorized under sections 122.43 and 122.45 of the Revised Code, money from the proceeds of the sale of any issue of its revenue bonds to the extent and subject to the conditions provided in the proceedings authorizing such bonds or in the trust agreement securing such bonds, all ... |
Section 122.571 | Revenue bond guaranty fund.
...There is hereby created the revenue bond guaranty fund to consist of all money allocated by the director of development to guarantee payment of interest on, principal of and redemption premium on, the revenue bonds issued by the director under Chapter 122. of the Revised Code, all grants, gifts, and contributions made to the director for such purpose, and all money and property provided by law for such purpose. |
Section 122.58 | Investing funds.
...Moneys in the funds established pursuant to Chapter 122. of the Revised Code, except as otherwise provided in any proceedings authorizing revenue bonds or in any trust agreement securing such bonds, in excess of current needs, may be invested in notes, bonds, or other obligations which are direct obligations of or are guaranteed by the United States, in certificates of deposit or other withdrawable accounts of ... |
Section 122.59 | Proceedings in default.
...In the event of a default with respect to any loan or lease, the director of development shall take such action as the director deems proper in the circumstances to enforce and protect the rights of the director, and such action as may be required by the provisions of any proceedings authorizing the revenue bonds or of any trust agreement securing such bonds, which may include any appropriate action at law or in equi... |
Section 122.60 | Capital access loan program definitions.
...urrent participation agreement with the department of development. (G) "Participation agreement" means the agreement between a financial institution and the department under which a financial institution may participate in the program. (H) "Passive real estate ownership" means the ownership of real estate for the sole purpose of deriving income from it by speculation, trade, or rental. (I) "Program" means the c... |
Section 122.601 | Capital access loan program fund.
...uring any particular fiscal year of the department of development. The department shall disburse money from the fund only to pay the operating costs of the program, including the administrative costs incurred by the department in connection with the program, and only in keeping with the purposes specified in sections 122.60 to 122.605 of the Revised Code. |
Section 122.602 | Capital access loan program.
...(A) There is hereby created in the department of development the capital access loan program to assist participating financial institutions in making program loans to eligible businesses that face barriers in accessing working capital and obtaining fixed asset financing. In administering the program, the director of development may do any of the following: (1) Receive and accept grants, gifts, and contribution... |
Section 122.603 | Program reserve account.
...into a participation agreement with the department of development a participating financial institution making a capital access loan shall establish a program reserve account. The account shall be an interest-bearing account and shall contain only moneys deposited into it under the program and the interest payable on the moneys in the account. (2) All interest payable on the moneys in the program reserve account sh... |
Section 122.604 | Recovering delinquent loan amount from program reserve account.
...llectible, it may submit a claim to the department of development for approval of the release of moneys from its program reserve account. (B) The claim may include the amount of principal plus accrued interest owed. The amount of principal included in the claim may not exceed the principal amount covered by the program. The amount of accrued interest included in the claim may not exceed the accrued interest attribut... |
Section 122.605 | Annual report.
...on shall submit an annual report to the department of development on or before the thirty-first day of March of each year. The report shall include or be accompanied by all of the following: (A) Information regarding the participating financial institution's outstanding capital access loans, its capital access loan losses, and other related matters that the department considers appropriate; (B) A statement of the t... |
Section 122.61 | Tax exemptions.
...The exercise of the powers granted by sections 122.39 and 122.41 to 122.62 of the Revised Code, will be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of conditions of employment, and will constitute the performance of essential governmental functions; therefore the director of development services shall not be required to p... |
Section 122.62 | Keeping funds in depositories selected by director.
...All moneys received under sections 122.39 and 122.41 to 122.62 of the Revised Code as proceeds from the sale of bonds are trust funds. All moneys received under those sections shall be held and applied solely as provided in such sections and section 166.03 of the Revised Code. All such moneys, except as otherwise provided in any proceedings authorizing revenue bonds or in any trust agreement securing such bonds... |
Section 122.63 | Housing needs.
...The department of development shall: (A) Provide technical assistance to sponsors, homeowners, private developers, contractors, and other appropriate persons on matters relating to housing needs and the development, construction, financing, operation, management, and evaluation of housing developments; (B) Carry out continuing studies and analyses of the housing needs of this state and, after conducting public hear... |
Section 122.631 | Grant for land bank acquisitions of residential property.
...unselors certified by the United States department of housing and urban development or the Ohio housing financing agency. (B) There is created in the department of development the welcome home Ohio (WHO) program to administer the grants authorized by this section and section 122.632 of the Revised Code and the tax credits authorized by section 122.633 of the Revised Code. The department shall create and maintain a ... |
Section 122.632 | Grant for land bank rehabilitation of residential property.
... That the applicant shall report to the department of development the date when the qualifying residential property that is the subject of the application is sold by the applicant. (8) That, if grant funds are received, the qualifying residential property that is the subject of the application shall not be the subject of an application for a tax credit under section 122.633 of the Revised Code. (C) The director... |
Section 122.633 | Tax credit for constructing or rehabilitating affordable housing.
... That the applicant shall report to the department of development the date when the qualifying residential property that is the subject of the application is sold by the applicant. (7) That the qualifying residential property that is the subject of the application was not rehabilitated or constructed using grant funds received under section 122.632 of the Revised Code. (D) The director of development is granted... |
Section 122.636 | Workforce housing project grants.
...n the form and manner prescribed by the department of development. The county, township, or municipal corporation may submit the application independently or in collaboration with a housing developer, port authority, council of government, regional planning commission, or one or more other counties, townships, or municipal corporations. The application shall, at minimum, include documentation or other evidence that p... |
Section 122.64 | Business services division.
...(A) There is hereby established in the development services agency a business services division. The division shall be supervised by a deputy director appointed by the director of development services. The division is responsible for the administration of the state economic development financing programs established pursuant to sections 122.17 and 122.18, sections 122.39 and 122.41 to 122.62, and Chapter 166. of the... |