As Introduced

136th General Assembly

Regular Session H. B. No. 445

2025-2026

To amend sections 167.02 and 167.04 and to enact sections 713.41, 713.42, and 713.43 of the Revised Code regarding regional councils of government and metropolitan planning organizations.

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

Section 1. That sections 167.02 and 167.04 be amended and sections 713.41, 713.42, and 713.43 of the Revised Code be enacted to read as follows:

Sec. 167.02. (A) Membership in the regional council shall be the counties, municipal corporations, townships, special districts, school districts, and other political subdivisions entering into the agreement establishing the council or admitted to membership subsequently pursuant to the agreement establishing the council or the bylaws of the council. Representation on the council may be in the manner as provided in the agreement establishing the council. A regional council that is a metropolitan planning organization shall not include a a majority of voting members from any one county.

(B) If the agreement establishing the council does not set forth the manner for determining representation on the council such representation shall consist of one representative from each county, municipal corporation, township, special district, school district, or other political subdivision entering into the agreement, or subsequently admitted to membership in the council. The representative from each member county, municipal corporation, township, special district, school district, or other political subdivision shall be elected chief executive thereof, or, if such county, municipal corporation, township, special district, school district, or other political subdivision does not have an elected chief executive, a member of its governing body chosen by such body to be its representative.

(C) Records containing the names of the political subdivisions that are members of a regional council of governments or the names of the representatives from those political subdivisions who serve on the council are public records within the meaning of section 149.43 of the Revised Code, and those names are not considered to be trade secrets under section 1333.61 of the Revised Code.

(D) The director of development services shall assist the council in securing the cooperation of all appropriate agencies of the state or of the United States to aid in promoting the orderly growth and development of the area, solving the problems of local government, and discharging the responsibilities and duties of local government in the most efficient possible manner.

(E) Any county, municipal corporation, township, special district, school district, or other political subdivision which has become a member of the council may withdraw by formal action of its governing board and upon sixty days notice to council after such action, or in the manner provided in the agreement establishing the council, provided no such procedure relative to withdrawals in the agreement establishing the council shall require the political subdivision desiring to withdraw to retain its membership in the council for a period in excess of two years.

Sec. 167.04. (A) The regional council of governments shall adopt by-laws, by a majority vote of its members, designating the officers of the council and the method of their selection, creating a governing board that may act for the council as provided in the by-laws, and providing for the conduct of its business. The individual who serves as the chief executive officer of a regional council of governments that is a metropolitan planning organization shall not hold employment outside of this state.

(B) The by-laws of the regional council of governments shall provide for the appointment of a fiscal officer, who may hold any other office or employment with the council, and who shall receive, deposit, invest, and disburse the funds of the council in the manner authorized by the by-laws or action by the council.

(C) The by-laws of a regional council of governments the members of which include, under sections 167.01 and 167.02 of the Revised Code, at least eight counties may include a provision authorizing member attendance and voting at council meetings either in person or by proxy.

(D) The officers of the council shall notify the auditor of state of the regional council's formation, provide a copy of the council's by-laws, and provide on a form prescribed by the auditor of state any other information regarding the regional council that the auditor of state considers necessary.

The council shall take no official action, other than formation, before notifying the auditor of state of its formation in accordance with this section. Any official action the council takes before making that notification, including entering into any contract, is void.

Sec. 713.41. (A) As used in this section:

(1) "Metropolitan planning organization" has the same meaning as in section 5552.01 of the Revised Code.

(2) "Commuter statistics" means the population of individuals who work at locations that are different from where those individuals live, as determined by the five-year commuting flow estimates published in the American community survey by the United States census bureau and that are based on the most recent federal decennial census data.

(3) "Eligible county" means a county that is part of a metropolitan planning organization and in which twenty-five per cent of the workforce population of that county commutes to an adjoining county that is partially or wholly located in a different metropolitan planning organization, according to the most recent commuter statistics and excluding any percentage of the workforce that commutes to a different state.

(B)(1) The board of county commissioners of an eligible county may adopt a resolution requesting that the governor redesignate that eligible county into a different, adjoining metropolitan planning organization.

(2) A board that adopts a resolution in accordance with division (B)(1) of this section shall send a copy of that resolution to the governor.

(C)(1) Not later than sixty days after receipt of the copy of the resolution in accordance with division (B) of this section, the governor shall determine whether to redesignate the eligible county.

(2) If the governor determines that the eligible county should be redesignated, the governor shall take the necessary steps to redesignate that county into the adjoining metropolitan planning organization.

Sec. 713.42. (A) As used in this section, "metropolitan planning organization" has the same meaning as in section 5552.01 of the Revised Code.

(B) A metropolitan planning organization shall not adopt policies, regulations, or standards that are more stringent than any corresponding state and federal policies, regulations, or standards.

Sec. 713.43. (A) As used in this section, "metropolitan planning organization" has the same meaning as in section 5552.01 of the Revised Code.

(B) The governing body of a metropolitan planning organization shall not include a majority of voting members from one county.

Section 2. That existing sections 167.02 and 167.04 of the Revised Code are hereby repealed.