Local utility lien legislation sees new substitute bill impacting county water and sewer systems
The House State and Local Government Committee this week continued discussions on legislation which would make significant changes to how local governments are able to collect unpaid utility charges.
House Bill 422, sponsored by state Reps. Mark Fraizer and Thomas West, would make certain changes to limit the ways in which municipalities and counties could apply liens to rental properties for certain unpaid utility bills.
This week in committee, a new substitute bill for HB 422 was released. The new version of the bill adds county sewer districts into the bill (joining county water districts, which were previously included) while removing regional water and sewer districts and limited home rule townships.
As drafted, the substitute bill would place significant new restrictions on the ability for county water and sewer districts to place liens on properties when unpaid water utilities are in the tenant’s name. The language also establishes a new state appeals process by which property owners could appeal county water bills and liens.
CCAO staff continue to have discussions with lawmakers on this the legislation. CCAO members are encouraged to review this legislation’s potential impact on county water and sewer systems.
Any questions about HB 422 can be directed to CCAO Policy Analyst Adam Schwiebert.
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CCAO testifies on Community Reinvestment Area reform bill
House Bill 123 (Reps. Fraizer and Cross) received its third hearing in the Senate Ways and Means Committee this week. The bill makes numerous changes to the law governing community reinvestment areas (CRA), a form of property tax abatement intended to stimulate economic development. This form of abatement is currently available for municipalities and for county governments in the unincorporated areas.
The bill removes the requirement for Department of Development approval of a new CRA. It also raises the exemption percentage threshold that requires for school board approval from 50% to 75% and allows home rule townships to establish a CRA within their boundaries.
CCAO offered interested party testimony that suggested changes to the bill, including the retention of a current law provision for notification when a business relocates jobs from one CRA to another.
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House committee considers bill to limit regulation of short-term rental property
House Bill 563 (Reps. Fowler Arthur and Ferguson), received its first hearing for sponsor testimony in the House State and Local Government Committee. The bill prohibits a county, township, or municipal corporation from adopting or enforcing any regulation or restriction that (1) prohibits short-term rental properties or (2) regulates the number, duration, or frequency of rental periods for short-term rental properties.
Local governments may enforce a regulation or restriction affecting short-term rental properties if it is enforced in the same manner as for similar properties that are not short-term rental properties and is enacted for a limited purpose as specified in the bill.
The bill will be considered by the CCAO Jobs, Economic Development, and Infrastructure Committee.
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Senate considers temporary roll-back of motor fuel tax increase
Senate Bill 277 (Sen. S. Huffman) received its first hearing for sponsor testimony in the Senate Transportation Committee this week. The bill reduces the tax rate on gasoline and diesel fuel to 28¢ per gallon for five years beginning no sooner than July 1, 2022. It also suspends collection of the registration fee applicable to certain alternative fuel motor vehicles for five years beginning on January 1, 2023.
CCAO is opposed to this legislation because of its disruptive impact on infrastructure planning and investment. CCAO is working with the Fix Our Roads Ohio coalition to stop the bill from making any further progress.
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County hospital board clarification bill passes House
House Bill 405, sponsored by state Reps. Brian Stewart and Mark Johnson, passed the Ohio House this week by a vote of 98-1. The legislation explicitly states that the hospital board appointing authority is comprised of three county commissioners each having one vote, the senior Common Pleas Judge having one vote, and the Probate Judge, if they are separate people, having one vote.
The need for this legislation arose out of Morrow County, where there was a dispute over whether the three county commissioners each had their own vote, or whether the board possessed a singular vote. The litigation eventually rose to the Ohio Supreme Court, which ruled in favor of the commissioners having three votes on the appointing authority. This legislation codifies the court’s ruling.
CCAO thanks Reps. Stewart and Johnson for their sponsorship of this legislation and the for House’s strong support of this legislation.
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