As Introduced

132nd General Assembly

Regular Session S. J. R. No. 6

2017-2018

Senators Gardner, O'Brien

Cosponsors: Senators Manning, Brown, Schiavoni, Hottinger, LaRose

A J O I N T R E S O L U T I O N

Proposing to enact Section 2t of Article VIII of the Constitution of the State of Ohio to permit the issuance of general obligation bonds to fund clean water improvements.

Be it resolved by the General Assembly of the State of Ohio, three-fifths of the members elected to each house concurring herein, that there shall be submitted to the electors of the state, in the manner prescribed by law at the general election to be held on November 6, 2018, a proposal to enact Section 2t of Article VIII of the Constitution of the State of Ohio to read as follows:

ARTICLE VIII

Section 2t. (A) As used in this section, "clean water improvements" includes water treatment systems; waste water treatment systems; water quality research; reducing open lake disposal of dredged material into Lake Erie and other bodies of water; supporting agricultural best management practices including water resource management, watershed restoration, and soil and water conservation; and any other sewer and water capital improvements.

(B) In addition to the authorizations otherwise contained in Article VIII of the Ohio Constitution, the General Assembly may provide by law, in accordance with and subject to the limitations of this section, for the issuance of bonds and other obligations of the state for the purpose of financing or assisting in the financing of the cost of clean water improvements of municipal corporations, counties, townships, and other governmental entities as designated by law.

It is hereby determined that such clean water improvements are necessary to preserve and expand the public capital infrastructure of such municipal corporations, counties, townships, and other governmental entities; ensure the public health, safety, and welfare; improve water quality and protect natural resources; create and preserve jobs; enhance employment opportunities; and improve the economic welfare of the people of this state.

(C)(1) Not more than one billion dollars principal amount of state general obligations may be issued under this section for clean water improvements. Not more than one hundred million dollars principal amount of those obligations may be issued in any one fiscal year, plus the principal amount of those obligations that in any prior fiscal year of issuance could have been but were not issued within that fiscal year limit.

(2) The proceeds of the principal amount in obligations issued pursuant to division (C)(1) of this section shall be allocated according to a watershed's proportion of phosphorous loading compared to the total amount of phosphorous loading in the watersheds of the state as determined by scientific assessments, except that a minimum of fifty per cent of the amount shall be allocated to the various counties of the western Lake Erie basin.

(D) Each issue of obligations issued under this section shall mature in not more than twenty years from the date of issuance, or, if issued to retire or refund other obligations, within that number of years from the date the debt being retired or refunded was originally issued. If state general obligations are issued as notes in anticipation of the issuance of bonds, provision shall be made by law for the establishment and maintenance, during the period in which the notes are outstanding, of a special fund or funds into which shall be paid, from the sources authorized for the payment of such bonds, the amount that would have been sufficient, if bonds maturing during the permitted period of years had been issued without such prior issuance of notes, to pay the principal that would have been payable on such bonds during such period. Such fund or funds shall be used solely for the payment of principal of such notes or bonds in anticipation of which such notes have been issued.

(E) The obligations issued under this section are general obligations of the state. The full faith and credit, revenue, and taxing power of the state shall be pledged to the payment of the principal of and premium and interest and other accreted amounts on outstanding obligations as they become due (hereinafter called debt service), and bond retirement fund provisions shall be made for payment of that debt service. Provision shall be made by law for the sufficiency and appropriation, for purposes of paying debt service, of excises, taxes, and revenues so pledged or committed to debt service, and for covenants to continue the levy, collection, and application of sufficient excises, taxes, and revenues to the extent needed for that purpose. Notwithstanding Section 22 of Article II, Ohio Constitution, no further act of appropriation shall be necessary for that purpose. The obligations and the provision for the payment of debt service are not subject to Sections 5, 6, and 11 of Article XII, Ohio Constitution. Moneys referred to in Section 5a of Article XII, Ohio Constitution may not be pledged to the payment of that debt service.

(F) The state may participate in any clean water improvements under this section with municipal corporations, counties, townships, or other governmental entities as designated by law, or any one or more of them. Such participation shall be by grants to them for any such improvements. The entire proceeds of the obligations shall be used for clean water improvements of municipal corporations, counties, townships, and other governmental entities, except to the extent that the General Assembly provides by law that the state may reasonably be compensated from such moneys for planning, financial management, or administrative services performed in relation to the issuance of the obligations.

(G) Obligations issued under authority of this section, the transfer thereof, and the interest, interest equivalent, and other income and accreted amounts therefrom, including any profit made on the sale, exchange, or other disposition thereof, shall at all times be free from taxation within the state.

(H) This section shall otherwise be implemented in the manner and to the extent provided by law by the General Assembly, including provision for the procedure for incurring and issuing obligations, separately or in combination with other obligations, and refunding, retiring, and evidencing obligations, and provision for the use to the extent practicable of Ohio products, materials, services, and labor in the making of any project financed, in whole or in part, under this section.

(I) The powers and authority granted or confirmed by and under, and the determinations in, this section are independent of, in addition to, and not in derogation of or a limitation on, powers, authority, determinations, or confirmations under laws or under other provisions of the Ohio Constitution and do not impair any previously adopted provisions of the Ohio Constitution or any law previously enacted by the General Assembly or by a local public agency.

EFFECTIVE DATE

If adopted by a majority of the electors voting on this proposal, Section 2t of Article VIII of the Constitution of the State of Ohio shall take effect immediately.