Ohio Administrative Code 6121 — Ohio Water Development Authority

Chapter 6121-1 General Provisions

Ohio Adm.Code 6121-1-02 Meetings of the authority.

(A) The regular monthly meeting of the Ohio water development authority shall be held on the last Thursday of each month at ten-thirty a.m. in Columbus, Ohio, provided that the date, hour, or place of any particular regular monthly meeting may be changed by the chairman if he or she determines such change to be expedient, and provided further that oral or written notice of such change shall be given, mailed or delivered to the members of the authority at least forty-eight hours before the regular scheduled meeting and written notice of such change shall be mailed or delivered to the members of the authority at least forty-eight hours before the rescheduled meeting. If the last Thursday of the month is a legal holiday, the regular monthly meeting shall be held on the previous Thursday.

(B) Special meetings of the authority may be held at any time and place within the state upon the call of the chairman. A notice of such meeting may be given in writing, or by telegram, or orally, and shall if possible be given to each member sufficiently in advance of the hour fixed for the meeting that he or she will have time to travel to the place of meeting, and twenty-four hours besides; except that if all the members of the authority are together at one place, an oral call may issue and a special meeting may be convened immediately and without any lapse of time after such call. The chairman may cancel any special meeting by notice to the members in the manner provided herein at least twenty-four hours before the hour fixed for the meeting.

(C) Four members of the authority shall constitute a quorum, and the affirmative vote of four members shall be necessary for any action taken by vote of the authority. No vacancy in the membership of the authority shall impair the rights of a quorum by such vote to exercise all the rights and perform all the duties of the authority.

(D) The minutes of all meetings shall be recorded in a special journal to be kept for that purpose. With respect to each meeting, there shall be shown the date and place at which it was held, the names of the members present, a summary of things said and done, and a record of each vote taken. Resolutions adopted shall be identified and may be set forth in full. There shall be maintained a separate journal in which shall be set forth in full text each resolution adopted by the authority, together with identification of each resolution by number, and a record of the vote upon its adoption. Such separate journal shall be open to the inspection of the public at all reasonable times as provided by law.

History

• Effective: December 4, 1992
• Promulgated Under: 111.15 - IM

Ohio Adm.Code 6121-1-05 Staff of the authority.

(A) Legal counsel may be retained by the authority for the purpose of providing legal services in connection with the establishment, operation, and maintenance of water development projects, to be compensated on a fee or contract basis. Additional legal counsel may be retained from time to time to furnish specific legal services as the need arises.

(B) The authority may employ such employees, and consultants and independent contractors from time to time as it determines to be necessary to carry out Chapters 6121. and 6123. of the Revised Code, and to fix the compensation thereof, as provided by law.

History

• Effective: November 26, 1992
• Promulgated Under: 111.15 - IM

Ohio Adm.Code 6121-1-11 Definitions.

(A) "Day" means calendar day.

(B) "Meeting" means any prearranged discussion of the public business of this authority by a majority of its members.

(C) "Oral notification" means notification given orally either in person or by telephone, directly to the person for whom such notification is intended, or by leaving an oral message for such person at the address, or if by telephone at the telephone number, of such person as shown on the records kept by the secretary-treasurer under this chapter.

(D) "Post" means to post, on the publicly accessible website maintained by the authority and at other locations which the executive director determines are being used by state agencies for such purpose. A notice identifying the locations at which notifications will be posted pursuant to this chapter shall be published by the secretary-treasurer within ten calendar days after the adoption of this chapter.

(E) "Published" means published once in either a newspaper having a general circulation in Franklin county, as defined in section 7.12 of the Revised Code or on the official public notice website established under section 125.182 of the Revised Code.

(F) "Regular meeting" means a meeting which occurs as a regular meeting in accordance with the by-laws of the authority.

(G) "Special meeting" means a meeting which is neither a regular meeting nor an adjournment of a regular meeting to another time or day.

(H) "Written notification" means notification in writing mailed, transmitted electronically or delivered to the address of the person for whom such notification is intended as shown on the records kept by the secretary-treasurer under this chapter, or in any way delivered to such person. If mailed, such notification shall be mailed by first-class mail, deposited in a U.S. postal service mailbox no later than the second day preceding the day of the meeting to which such notification refers, provided that at least one regular mail delivery day falls between the day of mailing and the day of such meeting.

Last updated October 15, 2024 at 10:37 AM

History

• Effective: October 14, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 6121-1-12 Notice of regular meetings.

(A) The secretary-treasurer shall post a statement of the time(s) and place(s) of regular meetings of this authority not later forty-eight hours preceding the meeting. The secretary-treasurer shall check at reasonable intervals to ensure that such statement remains so posted thereafter. If at any time the time or place of regular meetings, or of any regular meeting, is changed on a permanent or temporary basis, a statement of the time and place of such changed or regular meetings shall be so posted by the secretary-treasurer at least forty-eight hours before the time of the first changed regular meeting.

(B) Upon the adjournment of any regular or special meeting to another day, the secretary-treasurer shall promptly post notice of the time and place of such adjourned meeting.

Last updated October 15, 2024 at 10:37 AM

History

• Effective: October 14, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 6121-1-13 Notice of special meetings.

(A) Except in the case of a special meeting referred to in paragraph (D) of rule 6121-1-14 of the Administrative Code, the secretary-treasurer shall, no later than twenty-four hours before the time of a special meeting, post a statement of the time, place and purposes of such special meeting, except that if all of the members of the authority are together at one place, an oral call may issue and a special meeting may be convened immediately and without lapse of time after such call.

(B) The statement under this rule and the notification under paragraphs (A), (B), and (C) of rule 6121-1-14 of the Administrative Code shall state such specific or general purpose or purposes then known to the secretary-treasurer to be intended to be considered at such special meeting and may state, as an additional general purpose, that any other business as may properly come before such meeting may be considered and acted upon.

Last updated August 6, 2024 at 10:32 AM

History

• Effective: September 21, 2009
• Promulgated Under: 111.15

Ohio Adm.Code 6121-1-14

(A) Any news media that desire to be given advance notification of special meetings of this authority shall file with the secretary-treasurer a written request therefor. Except in the event of an emergency requiring immediate official action as referred to in paragraph (D) of this rule, a special meeting shall not be held unless at least twenty-four hours advance notice of the time, place and purposes of such special meeting is given to the news media that have requested such advance notification in accordance with paragraph (B) of this rule.

(B) News media requests for such advance notification of special meetings shall specify the name of the medium and the name and address of the person to whom written notifications to the medium may be mailed, electronically transmitted or delivered. Any such request shall be effective for one year from the date of filing with the secretary-treasurer or until the secretary-treasurer receives written notice from such medium canceling or modifying such request, whichever is earlier. Each requesting news medium shall be informed of such period of effectiveness at the time it files its request. Such requests may be modified or extended only by filing a complete new request with the secretary-treasurer. A request shall not be deemed to be made unless it is complete in all respects, and such request may be conclusively relied on by this authority and the secretary-treasurer.

(C) Except as provided in paragraph (D) of this rule, the secretary-treasurer shall give such notification as the secretary-treasurer determines, to the news media that have requested such advance notification in accordance with paragraph (B) of this rule, of the time, place and purposes of each special meeting as will provide for receipt of such notification at least twenty-four hours prior to the time of such special meeting.

(D) In the event of an emergency requiring immediate official action, a special meeting may be held without giving twenty-four hours advance notification thereof to the requesting news media. The persons calling such meeting, or any one or more of such persons or the secretary-treasurer on their behalf, shall immediately give oral notification or written notification, or both, as the person or persons giving such notification determine, of the time, place and purposes of such special meeting to such news media that have requested such advance notification in accordance with paragraph (B) of this rule. The minutes or the call, or both, of any such special meeting shall state the general nature of the emergency requiring immediate official action.

Last updated October 15, 2024 at 10:38 AM

History

• Effective: October 14, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 6121-1-16 General.

(A) In addition to the above provisions, any person may visit or telephone the office of the secretary-treasurer during that office's regular office hours to determine, based on information available at that office, the time and place of regular meetings; the time, place and purposes of any then known special meetings; and whether the available agenda of any such future meeting states that any specific type of public business, identified by such person, is to be discussed at such meeting.

(B) Any notification provided herein to be given by the secretary-treasurer may be given by any person acting in behalf of or under the authority of the secretary-treasurer.

Last updated August 6, 2024 at 10:32 AM

History

• Effective: May 21, 1978
• Promulgated Under: 111.15

Ohio Adm.Code 6121-1-18 Disclosure of public records; trade secrets.

(A) Except as otherwise provided by this rule and not otherwise required to be kept confidential by federal or state law, any record, report or other information obtained by the Ohio water development authority ("OWDA") shall be made available to the public upon request.

(B) All requests to inspect, copy, or both, public records as defined under paragraph (A) of the rule obtained by OWDA under this, or any other, chapter of the Ohio Administrative Code shall be directed to Ohio water development authority in care of its Columbus, Ohio office.

(C) Within twenty working days of receipt by OWDA of a request to inspect and/or copy such public records, OWDA shall respond to the requestor. The response shall be in writing if the requestor has made a written request or if the requestor has voluntarily provided information that allows OWDA to transmit a written response to the requestor. The response shall advise the requestor as appropriate:

(1) As to the location of the public records sought and as to a reasonable time during regular business hours of OWDA at which the requested items may be inspected; or

(2) That OWDA does not have in its possession any public records as identified in the request; or

(3) That the request is not sufficiently descriptive to enable OWDA to determine whether OWDA has in its possession the public records sought; or

(4) That the requested records, in whole or in part, contain confidential trade secrets or other confidential material and are therefore, not subject to disclosure to the public or may be subject to redaction; or

(5) To the extent the request seeks copies of public records, the date such copies will be available and the cost to the requestor of such copies. If the total cost of the copies requested is twenty-five dollars or more, OWDA may require prepayment of the copying charge before the copies are provided to the requestor.

(D) Any denial of public records requested shall include an explanation, including legal authority supporting the denial. If portions of a record are public and portions are exempt from disclosure, the exempt portions shall be redacted and the remainder released. The authority shall notify the requester of the redaction or make the redaction plainly visible. If there are redactions, each redaction shall be accompanied by a supporting explanation, including legal authority for the redaction.

(E) Any party who seeks to protect any record, report or other information, or any part thereof, which, if made public, would disclose methods or processes entitled to protection as trade secrets shall, upon submission of the material to OWDA:

(1) Identify the specific items of information for which exemption from disclosure is claimed by marking with the following (or its reasonable equivalent) upon submission to OWDA: "This material is exempt from disclosure as a public record because it contains records or information relating to secret processes or secret methods of manufacture or the release thereof is otherwise prohibited by state or federal law;"

(2) Identify the specific legal ruling, law or section thereof under which the release of such specific items of information is prohibited; and

(3) Agree to indemnify and hold harmless the OWDA, its agents, officers, members and independent contractors from and against any and all damages, losses, costs, claims and liabilities, including attorneys' fees, arising out of or otherwise incurred by the OWDA in connection with any claim by any person that any specific items of information, or any parts thereof, withheld from disclosure are subject to disclosure under the provisions of Ohio or federal law. The party shall indemnify and hold harmless OWDA as provided in the preceding sentence whether or not the party ultimately prevails on its claim that the information is exempt from disclosure as a public record. At the request and in the sole discretion of the OWDA, the party shall undertake the defense of any claim that any information is exempt from disclosure as a public record.

(F) Notwithstanding the foregoing, OWDA shall give ten days' written notice to any party with specific items of information that have been requested pursuant to paragraph (B) of this rule, prior to responding in writing to the requestor pursuant to paragraph (C) of this rule.

(G) In the event material submitted to OWDA prior to the effective date of this rule is deemed confidential by the party submitting such material, upon receipt of correspondence from OWDA with respect to a request pursuant to paragraph (B) of this rule, the party shall comply in writing, or agree to comply by affidavit, with paragraph (D) of this rule.

(H) "Trade secret" means information, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, pattern, compilation, program, device, method, technique, or improvement, or any business information or plans, financial information, or listing of names, addresses, or telephone numbers, that satisfies both of the following:

(1) It derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.

(2) It is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Last updated August 6, 2024 at 10:32 AM

History

• Effective: February 3, 2008
• Promulgated Under: 111.15

Chapter 6121-2 Financing Waste Facility and Energy Resource Development Projects

Ohio Adm.Code 6121-2-01 Definitions.

For the purposes of Chapter 6121-2 of the Administrative Code:

(A) "Authority" means the Ohio water development authority, a body corporate and politic organized and existing under the provisions of Chapter 6121. of the Revised Code.

(B) "Governing body of the Authority" means the eight members of the authority as set forth in section 6121.02 of the Revised Code.

(C) "Governmental agency," "governmental agencies," and "person" have the same meanings as set forth in sections 6121.01 and 6123.01 of the Revised Code.

(D) "Program fund" means a fund established under rule 6121-2-02 of the Administrative Code.

(E) "Project" means anything that would qualify as a "project" as defined by either section 6121.01 or 6123.01 of the Revised Code, and includes any research and development activity conducted under division (O) of section 6121.04 or division (L) of section 6123.04 of the Revised Code.

(F) "Project cost" means anything that qualifies as a "cost" as defined by section 6121.01 or 6123.01 of the Revised Code.

(G) "Applicant" means any governmental agency or person, or combination of governmental agencies or persons, who has applied to the authority for a loan or grant to conduct, acquire, or construct, or plan for the conduct, acquisition, or construction of, a project.

(H) "Borrower" means any applicant who has executed a participation agreement for a loan made by the Authority under rule 6121-2-03 of the Administrative Code.

(I) "Participation agreement" means a loan or grant agreement executed by the authority and an applicant under rule 6121-2-03 of the Administrative Code.

(J) "Contract term" means the length of time that a participation agreement is to be in effect once it has been executed by both the authority and the applicant.

(K) "Participation charge" means any payment to the authority that a borrower is required to make under a participation agreement.

(L) "Institution of higher learning" means an educational institution in any state that - (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate; (2) is legally authorized within such state to provide a program of education beyond secondary education; (3) provides an educational program for which the institution awards a bachelor's degree or provides not less than a two-year program that is acceptable for full credit toward such a degree; (4) is a public or other nonprofit institution; and (5) is accredited by a nationally recognized accrediting agency or association.

Last updated October 15, 2024 at 10:38 AM

History

• Effective: October 14, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 6121-2-02

From time to time, the governing body of the authority may establish one or more funds for the purpose of making loans or grants, or both, to governmental agencies or persons, or any combination of agencies or persons, for the acquisition, construction, or refinancing, or for planning the acquisition, construction, or refinancing, or for the conduct, of projects pursuant to Chapter 6121. or 6123. of the Revised Code, or both. With respect to each such fund, the governing body shall establish a separate program of the authority by complying with the requirements of this rule. Prior to making any loans or grants from any program fund, the governing body shall approve all of the following:

(A) A set of applicant eligibility criteria to be used as non-binding guidelines for approving loans or grants from the fund;

(B) One or more standard form agreements to be used as non-binding guidelines for negotiating and executing loan or grant participation agreements between the authority and program fund applicants;

(C) For the purpose of loans from the fund, one or more standard formulae or methods to be used as non-binding guidelines in determining interest rates, if any, to be charged to borrowers from the fund under participation agreements executed between the authority and applicants;

(D) Any other non-binding guidelines that the governing body approves for use in implementing the program.

Last updated October 15, 2024 at 10:39 AM

History

• Effective: October 14, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 6121-2-03

(A) From monies of the authority, or under the control of the authority, that, by the governing body or by law, have been allocated to a program fund established pursuant to rule 6121-2-02 of the Administrative Code, the governing body may approve a loan or grant to an applicant if all of the following apply:

(1) The applicant has supplied to the executive director of the authority, in such form and manner as they prescribe, all information needed to determine each of the following:

(a) That the project to be funded by the loan or grant is one that may be lawfully financed or re-financed by the authority pursuant to Chapter 6121. or 6123. of the Revised Code;

(b) That the applicant may lawfully acquire, construct, or re-finance debt, or plan for the acquisition or construction of, or conduct, the project;

(c) That the applicant has the ability to comply with all the terms and conditions of the participation agreement executed between the authority and the applicant;

(2) The applicant shall submit to the executive director of the authority a participation agreement containing terms and conditions satisfactory to the governing body of the authority.

(B) Upon approval of the loan or grant by the governing body, the executive director shall sign and otherwise complete the execution of the participation agreement on behalf of the authority.

Last updated October 15, 2024 at 10:39 AM

History

• Effective: October 14, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 6121-2-04 Participation agreements.

In approving standard form loan participation agreements pursuant to rule 6121-2-02 of the Administrative Code, the governing body of the authority shall determine the manner in which each form agreement addresses all of the following:

(A) The contract term, which will comply with Chapter 6121. or 6123. of the Revised Code as applicable.

(B) The project costs to be paid by the authority and the method by which they will be paid;

(C) The interest rate, if any, to be applied to the agreement, which, generally, will be based upon the standard method, formula, or formulae for the program approved by the governing body pursuant to rule 6121-2-02 of the Administrative Code;

(D) The participation charges, if any, to be paid by the borrower, including the commencement date and regular interval dates upon which such payments will be due;

(E) The rights of the authority to inspect records, accounts, and other data of the borrower pertaining to the project and to inspect the facilities acquired or constructed, or in the process of being acquired or constructed, pursuant to the loan agreement;

(F) The rights, remedies, and obligations of the authority and the borrower in case of default, breach, or termination of the agreement before the end of the contract term; and

(G) Any other types of terms or conditions that the governing body considers appropriate for inclusion in standard form agreements for the program.

Last updated October 15, 2024 at 10:40 AM

History

• Effective: October 14, 2024
• Promulgated Under: 111.15

Ohio Adm.Code 6121-2-05 Maintenance of tax exempt status of bonds and notes.

The governing body of the authority shall not approve a loan if the loan, in the opinion of the authority's counsel, would jeopardize the tax-exempt status of bonds or notes issued by the authority.

Last updated August 6, 2024 at 10:32 AM

History

• Effective: April 27, 2000
• Promulgated Under: 111.15

Ohio Adm.Code 6121-2-11 Research and development grants.

(A) In awarding grants for purposes of research and development, the governing body of the authority shall give priority to all of the following:

(1) Projects that would fulfill a general need in Ohio for research or development concerning "waste water facilities" or "water management facilities" as defined in section 6121.01 of the Revised Code, "solid waste facilities" as defined in section 6123.01 of the Revised Code, or "energy resource development facilities" as defined in section 1551.01 of the Revised Code;

(2) Projects that have statewide environmental, natural resource, or development application;

(3) Applicants who would furnish a portion of the cost of the project either by direct funding or by allocation of staff, equipment, or material resources;

(4) Applicants that are governmental agencies, other than departments, divisions, or other similar units of state government or the federal government; and

(5) Institutions of higher learning.

(B) The governing body of the authority shall not approve a research and development grant unless the applicant agrees to submit to the authority and the overseeing state agency a final report describing how the benefits derived from the project fulfill one or more general needs as specified in paragraph (A)(1) of this rule.

Last updated October 15, 2024 at 10:39 AM

History

• Effective: October 14, 2024
• Promulgated Under: 111.15