As Introduced

136th General Assembly

Regular Session H. B. No. 585

2025-2026

Representatives Odioso, Lett

To amend section 5123.351 of the Revised Code regarding the authority of the Department of Developmental Disabilities to adopt rules regarding the use of community capital assistance funds.

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

Section 1. That section 5123.351 of the Revised Code be amended to read as follows:

Sec. 5123.351. The (A) Subject to division (B) of this section, the director of developmental disabilities, with respect to the eligibility for state reimbursement of expenses incurred by facilities and programs established and operated under Chapter 5126. of the Revised Code for persons with developmental disabilities, shall do all of the following:

(A) (1) Make rules that may be necessary to carry out the purposes of Chapter 5126. and sections 5123.35, 5123.351, and 5123.36 of the Revised Code;

(B)(2) Define minimum standards for qualifications of personnel, professional services, and in-service training and educational leave programs;

(C)(3) Review and evaluate community programs and make recommendations for needed improvements to county boards of developmental disabilities and to program directors;

(D)(4) Withhold state reimbursement, in whole or in part, from any county or combination of counties for failure to comply with Chapter 5126. or section 5123.35 or 5123.351 of the Revised Code or rules of the department of developmental disabilities;

(E)(5) Withhold state funds from an agency, corporation, or association denying or rendering service on the basis of race, color, sex, religion, ancestry, national origin, disability as defined in section 4112.01 of the Revised Code, or inability to pay;

(F)(6) Provide consultative staff service to communities to assist in ascertaining needs and in planning and establishing programs.

(B) The director shall adopt rules establishing a process for the department to make available community capital assistance funds appropriated by the general assembly to the department, to assist county boards of developmental disabilities to acquire housing for individuals receiving supported living in accordance with sections 5126.40 to 5126.47 of the Revised Code. The rules shall do all of the following:

(1) Specify that community capital assistance funds may be used to acquire or construct a single-family home, a duplex, a quadplex, a permanently sited manufactured home, a condominium, newly constructed housing, accessory dwelling units, multi-structure dwellings, or other housing models;

(2) Permit community capital assistance funds to be combined with other financing sources for the acquisition or construction of housing described in division (B)(1) of this section. The rules shall not permit funds to be combined with other sources if the other sources impose requirements that are contrary to the rules adopted by the director.

(3) Permit county boards of developmental disabilities to secure property interests in housing described in division (B)(1) of this section through mortgages, restrictive covenants, or other property instruments;

(4) Require a county board to provide a resident who will be living in housing acquired or constructed using community capital assistance funds with the opportunity to meaningfully participate in selecting the type of housing in which the resident will live.

(C) The director may waive any rule adopted under division (B) of this section if doing so would allow community capital assistance funds to be used for innovative housing options that align with the priorities of the department of developmental disabilities and county boards of developmental disabilities.

Section 2. That existing section 5123.351 of the Revised Code is hereby repealed.