Bill Text: OH HB427 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To expand the authorized use of money in the Infrastructure Fund (derived from proceeds from Ohio Turnpike revenue bonds) to include infrastructure projects that consist of the maintenance or repair of existing infrastructure, and to modify the process for approval of infrastructure projects.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced - Dead) 2014-02-04 - To Finance and Appropriations [HB427 Detail]

Download: Ohio-2013-HB427-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 427

Representative Budish 

Cosponsors: Representatives Pillich, Lundy, Hagan, R., Williams, Boyd, Foley, Rogers, Ashford, Antonio, Redfern, Fedor, Sheehy 

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A BILL

To amend sections 5537.01, 5537.03, 5537.04, 5537.08,

1

and 5537.13, to enact new section 5537.18, and to

2

repeal section 5537.18 of the Revised Code to

3

expand the authorized use of money in the

4

Infrastructure Fund (derived from proceeds from

5

Ohio Turnpike revenue bonds) to include

6

infrastructure projects that consist of the

7

maintenance or repair of existing infrastructure,

8

and to modify the process for approval of

9

infrastructure projects.

10

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That sections 5537.01, 5537.03, 5537.04, 5537.08,	11
and 5537.13 be amended and new section 5537.18 of the Revised Code	12
be enacted to read as follows:	13

Sec. 5537.01.  As used in this chapter:

14

(A) "Commission" means the Ohio turnpike and infrastructure	15
commission created by section 5537.02 of the Revised Code or, if	16
that commission is abolished, the board, body, officer, or	17
commission succeeding to the principal functions thereof or to	18
which the powers given by this chapter to the commission are given	19
by law.	20

(B) "Turnpike project" means any express or limited access	21
highway, super highway, or motorway constructed, operated, or	22
improved, under the jurisdiction of the commission and pursuant to	23
this chapter, at a location or locations reviewed by the turnpike	24
legislative review committee and approved by the governor,	25
including all bridges, tunnels, overpasses, underpasses,	26
interchanges, entrance plazas, approaches, those portions of	27
connecting public roads that serve interchanges and are determined	28
by the commission and the director of transportation to be	29
necessary for the safe merging of traffic between the turnpike	30
project and those public roads, toll booths, service facilities,	31
and administration, storage, and other buildings, property, and	32
facilities that the commission considers necessary for the	33
operation or policing of the turnpike project, together with all	34
property and rights which may be acquired by the commission for	35
the construction, maintenance, or operation of the turnpike	36
project, and includes any sections or extensions of a turnpike	37
project designated by the commission as such for the particular	38
purpose. Each turnpike project shall be separately designated, by	39
name or number, and may be constructed, improved, or extended in	40
such sections as the commission may from time to time determine.	41
Construction includes the improvement and renovation of a	42
previously constructed turnpike project, including additional	43
interchanges, whether or not the turnpike project was initially	44
constructed by the commission.	45

(C) "Infrastructure project" means any public express or	46
limited access highway, super highway, or motorway, including all	47
bridges, tunnels, overpasses, underpasses, interchanges, entrance	48
plazas, approaches, and those portions of connecting public roads	49
that serve interchanges, that is constructed or, improved,	50
repaired, or maintained, in whole or in part, with infrastructure	51
funding approved pursuant to criteria established under section	52
5537.18 of the Revised Code.	53

(D) "Cost," as applied to construction of a turnpike project	54
or an infrastructure project, includes the cost of construction,	55
including bridges over or under existing highways and railroads,	56
acquisition of all property acquired either by the commission or	57
by the owner of the infrastructure project for the construction,	58
demolishing or removing any buildings or structures on land so	59
acquired, including the cost of acquiring any lands to which the	60
buildings or structures may be moved, site clearance, improvement,	61
and preparation, diverting public roads, interchanges with public	62
roads, access roads to private property, including the cost of	63
land or easements therefor, all machinery, furnishings, and	64
equipment, communications facilities, financing expenses, interest	65
prior to and during construction and for one year after completion	66
of construction, traffic estimates, indemnity and surety bonds and	67
premiums on insurance, title work and title commitments,	68
insurance, and guarantees, engineering, feasibility studies, and	69
legal expenses, plans, specifications, surveys, estimates of cost	70
and revenues, other expenses necessary or incident to determining	71
the feasibility or practicability of constructing or operating a	72
turnpike project or an infrastructure project, administrative	73
expenses, and any other expense that may be necessary or incident	74
to the construction of the turnpike project or an infrastructure	75
project, the financing of the construction, and the placing of the	76
turnpike project or an infrastructure project in operation. Any	77
obligation or expense incurred by the department of transportation	78
with the approval of the commission for surveys, borings,	79
preparation of plans and specifications, and other engineering	80
services in connection with the construction of a turnpike project	81
or an infrastructure project, or by the federal government with	82
the approval of the commission for any public road projects which	83
must be reimbursed as a condition to the exercise of any of the	84
powers of the commission under this chapter, shall be regarded as	85
a part of the cost of the turnpike project or an infrastructure	86
project and shall be reimbursed to the state or the federal	87
government, as the case may be, from revenues, state taxes, or the	88
proceeds of bonds as authorized by this chapter.	89

(E) "Owner" includes all persons having any title or interest	90
in any property authorized to be acquired by the commission for	91
turnpike projects under this chapter, or the public entity for	92
whom an infrastructure project is funded, in whole or in part, by	93
the commission under this chapter.	94

(F) "Revenues" means all tolls, service revenues, investment	95
income on special funds, rentals, gifts, grants, and all other	96
moneys coming into the possession of or under the control of the	97
commission by virtue of this chapter, except the proceeds from the	98
sale of bonds. "Revenues" does not include state taxes.	99

(G) "Public roads" means all public highways, roads, and	100
streets in the state, whether maintained by a state agency or any	101
other governmental agency.	102

(H) "Public utility facilities" means tracks, pipes, mains,	103
conduits, cables, wires, towers, poles, and other equipment and	104
appliances of any public utility.	105

(I) "Financing expenses" means all costs and expenses	106
relating to the authorization, issuance, sale, delivery,	107
authentication, deposit, custody, clearing, registration,	108
transfer, exchange, fractionalization, replacement, payment, and	109
servicing of bonds including, without limitation, costs and	110
expenses for or relating to publication and printing, postage,	111
delivery, preliminary and final official statements, offering	112
circulars, and informational statements, travel and	113
transportation, underwriters, placement agents, investment	114
bankers, paying agents, registrars, authenticating agents,	115
remarketing agents, custodians, clearing agencies or corporations,	116
securities depositories, financial advisory services,	117
certifications, audits, federal or state regulatory agencies,	118
accounting and computation services, legal services and obtaining	119
approving legal opinions and other legal opinions, credit ratings,	120
redemption premiums, and credit enhancement facilities.	121

(J) "Bond proceedings" means the resolutions, trust	122
agreements, certifications, notices, sale proceedings, leases,	123
lease-purchase agreements, assignments, credit enhancement	124
facility agreements, and other agreements, instruments, and	125
documents, as amended and supplemented, or any one or more or any	126
combination thereof, authorizing, or authorizing or providing for	127
the terms and conditions applicable to, or providing for the	128
security or sale or award or liquidity of, bonds, and includes the	129
provisions set forth or incorporated in those bonds and bond	130
proceedings.	131

(K) "Bond service charges" means principal, including any	132
mandatory sinking fund or mandatory redemption requirements for	133
the retirement of bonds, and interest and any redemption premium	134
payable on bonds, as those payments come due and are payable to	135
the bondholder or to a person making payment under a credit	136
enhancement facility of those bond service charges to a	137
bondholder.	138

(L) "Bond service fund" means the applicable fund created by	139
the bond proceedings for and pledged to the payment of bond	140
service charges on bonds provided for by those proceedings,	141
including all moneys and investments, and earnings from	142
investments, credited and to be credited to that fund as provided	143
in the bond proceedings.	144

(M) "Bonds" means bonds, notes, including notes anticipating	145
bonds or other notes, commercial paper, certificates of	146
participation, or other evidences of obligation, including any	147
interest coupons pertaining thereto, issued by the commission	148
pursuant to this chapter.	149

(N) "Infrastructure fund" means the applicable fund or funds	150
created by the bond proceedings, which shall be used to pay or	151
defray the cost of infrastructure projects recommended by the	152
director of transportation and evaluated and approved by the	153
commissionunder section 5537.18 of the Revised Code.	154

(O) "Net revenues" means revenues lawfully available to pay	155
both current operating expenses of the commission and bond service	156
charges in any fiscal year or other specified period, less current	157
operating expenses of the commission and any amount necessary to	158
maintain a working capital reserve for that period.	159

(P) "Pledged revenues" means net revenues, moneys and	160
investments, and earnings on those investments, in the applicable	161
bond service fund and any other special funds, and the proceeds of	162
any bonds issued for the purpose of refunding prior bonds, all as	163
lawfully available and by resolution of the commission committed	164
for application as pledged revenues to the payment of bond service	165
charges on particular issues of bonds.	166

(Q) "Service facilities" means service stations, restaurants,	167
and other facilities for food service, roadside parks and rest	168
areas, parking, camping, tenting, rest, and sleeping facilities,	169
hotels or motels, and all similar and other facilities providing	170
services to the traveling public in connection with the use of a	171
turnpike project and owned, leased, licensed, or operated by the	172
commission.	173

(R) "Service revenues" means those revenues of the commission	174
derived from its ownership, leasing, licensing, or operation of	175
service facilities.	176

(S) "Special funds" means the applicable bond service fund	177
and any accounts and subaccounts in that fund, any other funds or	178
accounts permitted by and established under, and identified as a	179
"special fund" or "special account" in, the bond proceedings,	180
including any special fund or account established for purposes of	181
rebate or other requirements under federal income tax laws.	182

(T) "State agencies" means the state, officers of the state,	183
and boards, departments, branches, divisions, or other units or	184
agencies of the state.	185

(U) "State taxes" means receipts of the commission from the	186
proceeds of state taxes or excises levied and collected, or	187
appropriated by the general assembly to the commission, for the	188
purposes and functions of the commission. State taxes do not	189
include tolls, or investment earnings on state taxes except on	190
those state taxes referred to in Section 5a of Article XII, Ohio	191
Constitution.	192

(V) "Tolls" means tolls, special fees or permit fees, or	193
other charges by the commission to the owners, lessors, lessees,	194
or operators of motor vehicles for the operation of or the right	195
to operate those vehicles on a turnpike project.	196

(W) "Credit enhancement facilities" means letters of credit,	197
lines of credit, standby, contingent, or firm securities purchase	198
agreements, insurance, or surety arrangements, guarantees, and	199
other arrangements that provide for direct or contingent payment	200
of bond service charges, for security or additional security in	201
the event of nonpayment or default in respect of bonds, or for	202
making payment of bond service charges and at the option and on	203
demand of bondholders or at the option of the commission or upon	204
certain conditions occurring under put or similar arrangements, or	205
for otherwise supporting the credit or liquidity of the bonds, and	206
includes credit, reimbursement, marketing, remarketing, indexing,	207
carrying, interest rate hedge, and subrogation agreements, and	208
other agreements and arrangements for payment and reimbursement of	209
the person providing the credit enhancement facility and the	210
security for that payment and reimbursement.	211

(X) "Person" has the same meaning as in section 1.59 of the	212
Revised Code and, unless the context otherwise provides, also	213
includes any governmental agency and any combination of those	214
persons.	215

(Y) "Refund" means to fund and retire outstanding bonds,	216
including advance refunding with or without payment or redemption	217
prior to stated maturity.	218

(Z) "Governmental agency" means any state agency, federal	219
agency, political subdivision, or other local, interstate, or	220
regional governmental agency, and any combination of those	221
agencies.	222

(AA) "Property" has the same meaning as in section 1.59 of	223
the Revised Code, and includes interests in property.	224

(BB) "Administrative agent," "agent," "commercial paper,"	225
"floating rate interest structure," "indexing agent," "interest	226
rate hedge," "interest rate period," "put arrangement," and	227
"remarketing agent" have the same meanings as in section 9.98 of	228
the Revised Code.	229

(CC) "Outstanding," as applied to bonds, means outstanding in	230
accordance with the terms of the bonds and the applicable bond	231
proceedings.	232

(DD) "Ohio turnpike system" or "system" means all existing	233
and future turnpike projects constructed, operated, and maintained	234
under the jurisdiction of the commission.	235

(EE) "Ohio turnpike and infrastructure system" means turnpike	236
projects and infrastructure projects funded by the commission	237
existing on and after July 1, 2013, that facilitate access to, use	238
of, and egress from the Ohio turnpike system, and also facilitate	239
access to and from areas of population, commerce, and industry	240
that are connected to the Ohio turnpike system.	241

Sec. 5537.03.  In order to remove present and anticipated	242
handicaps and potential hazards on the congested highways in this	243
state, to facilitate vehicular traffic throughout the state, to	244
finance infrastructure projects that improve and enhance mobility	245
in Ohio, and also to promote the agricultural, recreational,	246
tourism, and commercial, industrial, and economic development of	247
the state, and to provide for the general welfare by the	248
construction, improvement, and maintenance of modern express	249
highways embodying safety devices, including without limitation	250
center divisions, ample shoulder widths, longsight distances,	251
multiple lanes in each direction, and grade separations at	252
intersections with other public roads and railroads, the Ohio	253
turnpike and infrastructure commission may do the following:	254

(A) Subject to section 5537.26 of the Revised Code,	255
construct, maintain, repair, and operate a system of turnpike	256
projects at locations that are reviewed by the turnpike	257
legislative review committee and approved by the governor, and in	258
accordance with alignment and design standards that are approved	259
by the director of transportation, and issue revenue bonds of this	260
state, payable solely from pledged revenues, to pay the cost of	261
those projects. The turnpikes and turnpike projects authorized by	262
this chapter are hereby or shall be made part of the Ohio turnpike	263
system.	264

(B) Provide money from the infrastructure fundsfund to pay	265
the cost or a portion of the cost of infrastructure projects as	266
recommended by the director of transportation pursuant to a	267
determination made by the commission based on criteria set forth	268
in rules adopted by the commissionapproved under section 5537.18	269
of the Revised Code. A determination by the commission to provide	270
infrastructure funds for an infrastructure project shall be	271
conclusive and incontestable.	272

Sec. 5537.04.  (A) The Ohio turnpike and infrastructure	273
commission may do any of the following:	274

(1) Adopt bylaws for the regulation of its affairs and the	275
conduct of its business;	276

(2) Adopt an official seal, which shall not be the great seal	277
of the state and which need not be in compliance with section 5.10	278
of the Revised Code;	279

(3) Maintain a principal office and suboffices at such places	280
within the state as it designates;	281

(4) With respect to the Ohio turnpike system and turnpike	282
projects, sue and be sued in its own name, plead and be impleaded,	283
provided any actions against the commission shall be brought in	284
the court of common pleas of the county in which the principal	285
office of the commission is located, or in the court of common	286
pleas of the county in which the cause of action arose if that	287
county is located within this state, and all summonses,	288
exceptions, and notices of every kind shall be served on the	289
commission by leaving a copy thereof at its principal office with	290
the secretary-treasurer or executive director of the commission;	291

(5) With respect to infrastructure projects only, sue and be	292
sued in its own name, plead and be impleaded, provided any actions	293
against the commission shall be brought in the court of common	294
pleas of Franklin county, and all summonses, exceptions, and	295
notices of every kind shall be served on the commission by leaving	296
a copy thereof at its principal office with the	297
secretary-treasurer or executive director of the commission.	298

(6) Construct, maintain, repair, police, and operate the	299
turnpike system, and establish rules for the use of any turnpike	300
project;	301

(7) Issue revenue bonds of the state, payable solely from	302
pledged revenues, as provided in this chapter, for the purpose of	303
paying any part of the cost of constructing any one or more	304
turnpike projects or infrastructure projects;	305

(8) Fix, and revise from time to time, and charge and collect	306
tolls by any method approved by the commission, including, but not	307
limited to, manual methods or through electronic technology	308
accepted within the tolling industry;	309

(9) Acquire, hold, and dispose of property in the exercise of	310
its powers and the performance of its duties under this chapter;	311

(10) Designate the locations and establish, limit, and	312
control such points of ingress to and egress from each turnpike	313
project as are necessary or desirable in the judgment of the	314
commission and of the director of transportation to ensure the	315
proper operation and maintenance of that turnpike project, and	316
prohibit entrance to such a turnpike project from any point not so	317
designated;	318

(11) Make and enter into all contracts and agreements	319
necessary or incidental to the performance of its duties and the	320
execution of its powers under this chapter, including	321
participation in a multi-jurisdiction electronic toll collection	322
agreement and collection or remittance of tolls, fees, or other	323
charges to or from entities or agencies that participate in such	324
an agreement; the commission also may enter into agreements with	325
retail locations, including deputy registrars, to allow the	326
general public to acquire electronic toll collection devices,	327
commonly known as transponders, from the retail locations for such	328
reasonable fees as are established by the commission;	329

(12) Employ or retain or contract for the services of	330
consulting engineers, superintendents, managers, and any other	331
engineers, construction and accounting experts, financial	332
advisers, trustees, marketing, remarketing, and administrative	333
agents, attorneys, and other employees, independent contractors,	334
or agents that are necessary in its judgment and fix their	335
compensation, provided all such expenses shall be payable solely	336
from the proceeds of bonds or from revenues of the Ohio turnpike	337
system;	338

(13) Receive and accept from any federal agency, subject to	339
the approval of the governor, and from any other governmental	340
agency grants for or in aid of the construction, reconstruction,	341
repair, renovation, maintenance, or operation of any turnpike	342
project, and receive and accept aid or contributions from any	343
source or person of money, property, labor, or other things of	344
value, to be held, used, and applied only for the purposes for	345
which such grants and contributions are made;	346

(14) Provide coverage for its employees under Chapters 4123.	347
and 4141. of the Revised Code;	348

(15) Fix and revise by rule, from time to time, such permit	349
fees, processing fees, or administrative charges for the	350
prepayment, deferred payment, or nonpayment of tolls and use of	351
electronic tolling equipment or other commission property;	352

(16) Adopt rules for the issuance of citations either by a	353
policing authority or through administrative means to individuals	354
or corporations that evade the payment of tolls established for	355
the use of any turnpike project;	356

(17) Approve funding and authorize agreements with the	357
department of transportation for the funding of infrastructure	358
projects recommended by the director of transportation pursuant to	359
the criteria established by ruleapproved under section 5537.18 of	360
the Revised Code.	361

(B) The commission may do all acts necessary or proper to	362
carry out the powers expressly granted in this chapter.	363

Sec. 5537.08.  (A) The Ohio turnpike and infrastructure	364
commission may provide by resolution for the issuance, at one time	365
or from time to time, of revenue bonds of the state for the	366
purpose of paying all or any part of the cost of any one or more	367
turnpike projects or infrastructure projects. The bond service	368
charges shall be payable solely from pledged revenues pledged for	369
such payment pursuant to the applicable bond proceedings. The	370
bonds of each issue shall be dated, shall bear interest at a rate	371
or rates or at variable rates, and shall mature or be payable at	372
such time or times, with a final maturity not to exceed forty	373
years from their date or dates, all as determined by the	374
commission in the bond proceedings. The commission shall determine	375
the form of the bonds, including any interest coupons to be	376
attached thereto, and shall fix the denomination or denominations	377
of the bonds and the place or places of payment of bond service	378
charges.	379

(B) The bonds shall be signed by the chairperson or	380
vice-chairperson of the commission or by the facsimile signature	381
of that officer, the official seal of the commission or a	382
facsimile thereof shall be affixed thereto or printed thereon and	383
attested by the secretary-treasurer of the commission, which may	384
be by facsimile signature, and any coupons attached thereto shall	385
bear the facsimile signature of the chairperson or	386
vice-chairperson of the commission. In case any officer whose	387
signature, or a facsimile of whose signature, appears on any bonds	388
or coupons ceases to be such officer before delivery of bonds,	389
such signature or facsimile shall nevertheless be valid and	390
sufficient for all purposes the same as if the officer had	391
remained in office until such delivery.	392

(C) Subject to the bond proceedings and provisions for	393
registration, the bonds shall have all the qualities and incidents	394
of negotiable instruments under Title XIII of the Revised Code.	395
The bonds may be issued in such form or forms as the commission	396
determines, including without limitation coupon, book entry, and	397
fully registered form, and provision may be made for the	398
registration of any coupon bonds as to principal alone and also as	399
to both principal and interest, and for the exchange of bonds	400
between forms. The commission may sell such bonds by competitive	401
bid on the best bid after advertisement or request for bids or by	402
private sale in the manner, and for the price, it determines to be	403
for the best interest of the state.	404

(D) The proceeds of the bonds of each issue shall be used	405
solely for the payment of the costs of the turnpike project or	406
projects for which such bonds were issued, or for the payment of	407
the costs of the infrastructure project or projects as approved by	408
the commission under section 5537.18 of the Revised Code. The	409
proceeds shall be disbursed in such manner and under such	410
restrictions as the commission provides in the applicable bond	411
proceedings.	412

(E) Prior to the preparation of definitive bonds, the	413
commission may, under like restrictions, issue interim receipts or	414
temporary bonds or bond anticipation notes, with or without	415
coupons, exchangeable for definitive bonds when such bonds have	416
been executed and are available for delivery. The commission may	417
provide for the replacement of any mutilated, stolen, destroyed,	418
or lost bonds. Bonds may be issued by the commission under this	419
chapter without obtaining the consent of any state agency, and	420
without any other proceedings or the happening of any other	421
conditions or things than those proceedings, conditions, or things	422
that are specifically required by this chapter or those	423
proceedings.	424

(F) Sections 9.98 to 9.983 of the Revised Code apply to the	425
bonds.	426

(G) The bond proceedings shall provide, subject to the	427
provisions of any other applicable bond proceedings, for the	428
pledge to the payment of bond service charges and of any costs of	429
or relating to credit enhancement facilities of all, or such part	430
as the commission may determine, of the pledged revenues and the	431
applicable special fund or funds, which pledges may be made to	432
secure the bonds on a parity with bonds theretofore or thereafter	433
issued if and to the extent provided in the bond proceedings.	434
Every pledge, and every covenant and agreement with respect	435
thereto, made in the bond proceedings may in the bond proceedings	436
be extended to the benefit of the owners and holders of bonds and	437
to any trustee and any person providing a credit enhancement	438
facility for those bonds, for the further security for the payment	439
of the bond service charges and credit enhancement facility costs.	440

(H) The bond proceedings may contain additional provisions as	441
to:	442

(1) The redemption of bonds prior to maturity at the option	443
of the commission or of the bondholders or upon the occurrence of	444
certain stated conditions, and at such price or prices and under	445
such terms and conditions as are provided in the bond proceedings;	446

(2) Other terms of the bonds;

447

(3) Limitations on the issuance of additional bonds;

448

(4) The terms of any trust agreement securing the bonds or	449
under which the same may be issued;	450

(5) Any or every provision of the bond proceedings being	451
binding upon the commission and state agencies, or other person as	452
may from time to time have the authority under law to take such	453
actions as may be necessary to perform all or any part of the duty	454
required by such provision;	455

(6) Any provision that may be made in a trust agreement;

456

(7) Any other or additional agreements with the holders of	457
the bonds, or the trustee therefor, relating to the bonds or the	458
security for the bonds, including agreements for credit	459
enhancement facilities.	460

(I) Any holder of bonds or a trustee under the bond	461
proceedings, except to the extent that the holder's or trustee's	462
rights are restricted by the bond proceedings, may by any suitable	463
form of legal proceedings, protect and enforce any rights under	464
the laws of this state or granted by the bond proceedings. Those	465
rights include the right to compel the performance of all duties	466
of the commission and state agencies required by this chapter or	467
the bond proceedings; to enjoin unlawful activities; and in the	468
event of default with respect to the payment of any bond service	469
charges on any bonds or in the performance of any covenant or	470
agreement on the part of the commission contained in the bond	471
proceedings, to apply to a court having jurisdiction of the cause	472
to appoint a receiver to receive and administer the revenues and	473
the pledged revenues which are pledged to the payment of the bond	474
service charges on such bonds or which are the subject of the	475
covenant or agreement, with full power to pay, and to provide for	476
payment of, bond service charges on such bonds, and with such	477
powers, subject to the direction of the court, as are accorded	478
receivers in general equity cases, excluding any power to pledge	479
additional revenues or receipts or other income, funds, or moneys	480
of the commission or state agencies to the payment of such bond	481
service charges and excluding the power to take possession of,	482
mortgage, or cause the sale or otherwise dispose of any turnpike	483
project or other property of the commission.	484

(J) Each duty of the commission and the commission's officers	485
and employees, undertaken pursuant to the bond proceedings, is	486
hereby established as a duty of the commission, and of each such	487
officer, member, or employee having authority to perform the duty,	488
specifically enjoined by law resulting from an office, trust, or	489
station within the meaning of section 2731.01 of the Revised Code.	490

(K) The commission's officers or employees are not liable in	491
their personal capacities on any bonds issued by the commission or	492
any agreements of or with the commission relating to those bonds.	493

(L) The bonds are lawful investments for banks, savings and	494
loan associations, credit union share guaranty corporations, trust	495
companies, trustees, fiduciaries, insurance companies, including	496
domestic for life and domestic not for life, trustees or other	497
officers having charge of sinking and bond retirement or other	498
funds of the state or its political subdivisions and taxing	499
districts, the commissioners of the sinking fund of the state, the	500
administrator of workers' compensation, the state teachers	501
retirement system, the public employees retirement system, the	502
school employees retirement system, and the Ohio police and fire	503
pension fund, notwithstanding any other provisions of the Revised	504
Code or rules adopted pursuant thereto by any state agency with	505
respect to investments by them, and are also acceptable as	506
security for the repayment of the deposit of public moneys.	507

(M) Provision may be made in the applicable bond proceedings	508
for the establishment of separate accounts in the bond service	509
fund and for the application of such accounts only to the	510
specified bond service charges pertinent to such accounts and bond	511
service fund, and for other accounts therein within the general	512
purposes of such fund.	513

(N) The commission may pledge all, or such portion as it	514
determines, of the pledged revenues to the payment of bond service	515
charges, and for the establishment and maintenance of any reserves	516
and special funds, as provided in the bond proceedings, and make	517
other provisions therein with respect to pledged revenues,	518
revenues, and net revenues as authorized by this chapter, which	519
provisions are controlling notwithstanding any other provisions of	520
law pertaining thereto.	521

Sec. 5537.13.  (A) Subject to division (C)(1) of this section	522
and section 5537.26 of the Revised Code, the Ohio turnpike and	523
infrastructure commission may fix, revise, charge, and collect	524
tolls for each turnpike project, and contract in the manner	525
provided by this section with any person desiring the use of any	526
part thereof, including the right-of-way adjoining the paved	527
portion, for placing thereon telephone, electric light, or power	528
lines, service facilities, or for any other purpose, and fix the	529
terms, conditions, rents, and rates of charge for such use,	530
provided that no toll, charge, or rental may be made by the	531
commission for placing in, on, along, over, or under the turnpike	532
project, equipment or public utility facilities that are necessary	533
to serve service facilities or to interconnect any public utility	534
facilities.	535

(B) Contracts for the operation of service facilities shall	536
be made in writing. Such contracts, except contracts with state	537
agencies or other governmental agencies, shall be made with the	538
bidder whose bid is determined by the commission to be the best	539
bid received, after advertisement for two consecutive weeks in a	540
newspaper of general circulation in Franklin county, and in other	541
publications that the commission determines. The notice shall	542
state the general character of the service facilities operation	543
proposed, the place where plans and specifications may be	544
examined, and the time and place of receiving bids. Bids shall	545
contain the full name of each person interested in them, and shall	546
be in such form as the commission requires. The commission may	547
reject any and all bids. All contracts for service facilities	548
shall be preserved in the principal office of the commission.	549

(C)(1) Except as necessary to comply with covenants in bond	550
proceedings in existence before July 1, 2013, for calendar years	551
2013 through 2023, the commission shall not increase the toll	552
rates for any class of passenger vehicle as fixed on the effective	553
date of this amendmentJuly 1, 2013, when both of the following	554
apply:	555

(a) The tolls are collected and remitted in accordance with a	556
multi-jurisdiction electronic toll collection agreement; and	557

(b) The distance traveled is thirty miles or less.

558

(2) Subject to division (C)(1) of this section, tolls shall	559
be so fixed and adjusted as to provide funds at least sufficient	560
with other revenues of the Ohio turnpike system, if any, to pay:	561

(a) The cost of maintaining, improving, repairing,	562
constructing, and operating the Ohio turnpike system and its	563
different parts and sections, and to create and maintain any	564
reserves for those purposes;	565

(b) Any unpaid bond service charges on outstanding bonds	566
payable from pledged revenues as such charges become due and	567
payable, and to create and maintain any reserves for that purpose.	568

(D) Tolls are not subject to supervision, approval, or	569
regulation by any state agency other than the turnpike and	570
infrastructure commission.	571

(E) Revenues derived from each turnpike project shall be	572
first applied to pay the cost of maintenance, improvement, repair,	573
and operation and to provide any reserves therefor that are	574
provided for in the bond proceedings authorizing the issuance of	575
those outstanding bonds, and otherwise as provided by the	576
commission. The bond proceedings also shall provide, subject to	577
the provisions of any other applicable bond proceedings, for the	578
pledge of all, or such part as the commission may determine of the	579
pledged revenues and the applicable special fund or funds to the	580
payment of the bond service charges, which pledge may be made to	581
secure the bonds senior or subordinate to or on a parity with	582
bonds theretofore or thereafter issued, if and to the extent	583
provided in the bond proceedings. The pledge shall be valid and	584
binding from the time the pledge is made; the revenues and the	585
pledged revenues thereafter received by the commission immediately	586
shall be subject to the lien of the pledge without any physical	587
delivery thereof or further act, and the lien of the pledge shall	588
be valid and binding as against all parties having claims of any	589
kind in tort, contract, or otherwise against the commission,	590
whether or not those parties have notice thereof. The bond	591
proceedings by which a pledge is created need not be filed or	592
recorded except in the records of the commission. The use and	593
disposition of moneys to the credit of a bond service fund shall	594
be subject to the applicable bond proceedings.	595

(F) The commission shall deposit the proceeds of bonds issued	596
for the payment of the costs of infrastructure projects, net of	597
minus the payment of all financing expenses and deposits into debt	598
service reserves or other special funds as may be required in the	599
applicable bond proceedings, shall be deposited toin the	600
infrastructure fund or funds and shall be exclusively useduse	601
money in the infrastructure fund exclusively to pay the cost of	602
infrastructure projects approved by the commission, except that	603
under section 5537.18 of the Revised Code. However, the commission	604
may use income earned by the infrastructure fund may be used by	605
the commission towardsfor the payment of bond service charges.	606

Sec. 5537.18.  (A) The Ohio turnpike and infrastructure	607
commission shall allocate fifty per cent of the moneys in the	608
infrastructure fund to finance infrastructure projects that are	609
new transportation capacity projects approved under division (B)	610
of this section. The commission shall allocate the remaining fifty	611
per cent of the moneys in the infrastructure fund to finance	612
infrastructure projects that consist of the maintenance or repair	613
of existing infrastructure approved under division (C) of this	614
section.	615

(B)(1) The director of transportation may submit an	616
application for infrastructure project funding to the commission	617
for an infrastructure project that is a new transportation	618
capacity project. The director shall comply with all applicable	619
rules established by the commission under division (B)(2) of this	620
section and shall include in any application only new	621
transportation capacity infrastructure projects that previously	622
have been reviewed and recommended by the transportation review	623
advisory council pursuant to the selection process followed by the	624
council under Chapter 5512. of the Revised Code. In selecting an	625
infrastructure project for which an application will be made to	626
the commission for infrastructure project funding, the director	627
shall consider the physical proximity of the project to the Ohio	628
turnpike system. The director shall ensure that not less than	629
ninety per cent of the total cost of the infrastructure project	630
funding requests submitted to the commission under division (B) of	631
this section are for infrastructure projects that are at least	632
partially located within seventy-five miles of the Ohio turnpike	633
system.	634

(2) The Ohio turnpike and infrastructure commission shall	635
adopt rules establishing the procedures and criteria under which	636
the commission may approve an application received from the	637
director of transportation for infrastructure project funding	638
under division (B)(1) of this section. The commission shall	639
require in the rules that an infrastructure project have an	640
anticipated benefit to the system of public highways in the state	641
of Ohio and a transportation-related nexus with and relationship	642
to the Ohio turnpike system and the Ohio turnpike and	643
infrastructure system. In order to determine if an infrastructure	644
project has the required nexus and relationship to the Ohio	645
turnpike system and the Ohio turnpike and infrastructure system	646
and for the purpose of approving an application for infrastructure	647
project funding submitted by the director of transportation, the	648
commission shall adopt criteria that address all of the following:	649

(a) The physical proximity of the infrastructure project to	650
the Ohio turnpike system and the direct or indirect physical	651
connection between the infrastructure project and the Ohio	652
turnpike system;	653

(b) The impact of the infrastructure project on traffic	654
density, flow through, or capacity on the Ohio turnpike system;	655

(c) The impact of the infrastructure project on the Ohio	656
turnpike system toll revenue or other revenues;	657

(d) The impact of the infrastructure project on the movement	658
of goods and services on or in the area of the Ohio turnpike	659
system; and	660

(e) The enhancement or improvement by and through the	661
infrastructure project of access to, use of, and egress from the	662
Ohio turnpike system and access to and from connected areas of	663
population, commerce, and industry.	664

(3) The commission shall evaluate each application for	665
infrastructure project funding submitted under division (B)(1) of	666
this section in accordance with the procedures and criteria	667
established in rules adopted under division (B)(2) of this	668
section. A determination or approval made under this section is	669
conclusive and incontestable.	670

(C)(1) The legislative authority of a municipal corporation,	671
county, or township may submit an application to the director of	672
transportation for approval of an infrastructure project that	673
consists of the maintenance or repair of existing infrastructure.	674
The legislative authority shall comply with all applicable rules	675
established by the director of transportation under division	676
(C)(2) of this section. In selecting infrastructure projects for	677
which applications will be made to the director for infrastructure	678
project funding, the legislative authority shall consider the	679
physical proximity of the project to the Ohio turnpike system. A	680
legislative authority shall limit requests for infrastructure	681
project funding to infrastructure projects that are at least	682
partially located within seventy-five miles of the Ohio turnpike	683
system.	684

(2) The director shall adopt rules establishing the	685
procedures and criteria under which the director may approve an	686
application received from the legislative authority of a municipal	687
corporation, county, or township under division (C)(1) of this	688
section. The director shall require in the rules that an	689
infrastructure project have an anticipated benefit to the system	690
of public highways in the state of Ohio and a	691
transportation-related nexus with and relationship to the Ohio	692
turnpike system and the Ohio turnpike and infrastructure system.	693
In order to determine if an infrastructure project has the	694
required nexus and relationship to the Ohio turnpike system and	695
the Ohio turnpike and infrastructure system and for the purpose of	696
approving an application for infrastructure project funding	697
submitted by a legislative authority, the director shall adopt	698
criteria that address all of the following:	699

(a) The physical proximity of the infrastructure project to	700
the Ohio turnpike system and the direct or indirect physical	701
connection between the infrastructure project and the Ohio	702
turnpike system;	703

(b) The impact of the infrastructure project on traffic	704
density, flow through, or capacity on the Ohio turnpike system;	705

(c) The impact of the infrastructure project on the Ohio	706
turnpike system toll revenue or other revenues;	707

(d) The impact of the infrastructure project on the movement	708
of goods and services on or in the area of the Ohio turnpike	709
system; and	710

(e) The enhancement or improvement by and through the	711
infrastructure project of access to, use of, and egress from the	712
Ohio turnpike system and access to and from connected areas of	713
population, commerce, and industry.	714

(3) The director shall evaluate each application for	715
infrastructure project funding submitted under division (C)(1) of	716
this section in accordance with the procedures and criteria	717
established in rules adopted under division (C)(2) of this	718
section. A determination or approval made under this section is	719
conclusive and incontestable.	720

(D) Nothing in this section shall interfere with the	721
authority of the director of transportation under Chapter 5512. of	722
the Revised Code.	723

Section 2.  That existing sections 5537.01, 5537.03, 5537.04,	724
5537.08, and 5537.13 and section 5537.18 of the Revised Code are	725
hereby repealed.	726