Ohio § 6123.01

§ 6123.01.

As used in this chapter: (A) “ Governmental agency ” means a department, division, or other unit of state government, a municipal corporation,

county, township, and other political subdivision, or any other public corporation

or agency, the United States or any agency thereof, and any agency, commission, or

authority established pursuant to an interstate compact or agreement. (B) “ Person ” means any individual, firm, partnership, association, or corporation, or any combination

thereof. (C) “ Solid waste ” means such unwanted residual solid or semi-solid material as results from industrial

operations, including those of public utility companies, and commercial, distribution,

research, agricultural, and community operations, including garbage, tires, combustible,

noncombustible, or radioactive material, street dirt, and debris. (D) “ Solid waste facilities ” means facilities or property, or the modification or replacement of property, for

the collection, storage, treatment, utilization, processing, transporting, or final

disposal of or recovery of resources or energy from solid waste, including, without

limitation, facilities and expenditures that qualify as solid waste disposal facilities

under section 103 (b)(4)(E) of the Internal Revenue Code of 1954 , as amended, and regulations adopted thereunder, scrap tire recovery facilities registered

or permitted under section 3734.78 of the Revised Code , and facilities that dispose of solid waste by reconstituting, converting, or otherwise

recycling it into material that is not waste whether or not operated at a profit,

and further includes any property or system to be used in whole or in part for any

of the aforesaid purposes, whether or not another purpose also is served, and any

property or system incidental to or that has to do with or the end purpose of which

is any of the foregoing.  Solid waste facilities as defined in this division are hereby determined to be those

that qualify as facilities for solid waste disposal under Section 13 of Article VIII, Ohio Constitution . (E) “ Project ” or “ development project ” means any energy resource development facility as defined in section 1551.01 of the Revised Code , including undivided or other interests therein, or any solid waste facility, including

undivided or other interests therein, either separately or in combination with any

waste water facility as defined in section 6121.01 of the Revised Code acquired or to be acquired or constructed or to be constructed by the Ohio water

development authority under this chapter, or acquired or to be acquired or constructed

or to be constructed by a governmental agency or person with all or a part of the

cost thereof being paid from a loan or grant from the authority under this chapter,

including all buildings and facilities that the authority determines necessary for

the operation of the project together with all property, rights, easements, and interests

that may be required for the operation of the project, or any voluntary action. (F) “Cost” as applied to development projects means the cost of acquisition and construction,

the cost of acquisition of all land, rights-of-way, property rights, easements, franchise

rights, and interests required for such acquisition and construction, the cost of

demolishing or removing any buildings or structures on land so acquired, including

the cost of acquiring any lands to which such buildings or structures may be moved,

the cost of acquiring or constructing and equipping a principal office and sub-offices

of the authority, the cost of diverting highways, interchange of highways, and access

roads to private property, including the cost of land or easements therefor, the cost

of all machinery, furnishings, and equipment, financing charges, interest prior to

and during construction and for no more than eighteen months after completion of construction,

engineering, expenses of research and development with respect to development projects,

legal expenses, plans, specifications, surveys, estimates of cost and revenues, working

capital, other expenses necessary or incident to determining the feasibility or practicability

of acquiring or constructing any such project, administrative expense, and such other

expense as may be necessary or incident to the acquisition or construction of the

project, the financing of that acquisition or construction, including the amount authorized

in the resolution of the authority providing for the issuance of development revenue

bonds to be paid into any special funds from the proceeds of such bonds, and the financing

of the placing of any such project in operation.  Any obligation, cost, or expense incurred by any governmental agency or person for

surveys, borings, preparation of plans and specifications, and other engineering services,

or any other cost described above, in connection with the acquisition or construction

of a project may be regarded as a part of the cost of that project and may be reimbursed

out of the proceeds of development revenue bonds as authorized by this chapter.  As applied to development projects consisting of voluntary actions, “ cost ” includes the costs of conducting the voluntary actions as defined in section 3746.23 of the Revised Code . (G) “ Owner ” includes all individuals, copartnerships, associations, corporations, or governmental

agencies having any title or interest in any property, rights, easements, and interests

authorized to be acquired by this chapter. (H) “ Revenues ” means all rentals and other charges received by the authority for the use or services

of any development project, any gift or grant received with respect thereto, any moneys

received with respect to the lease, sub-lease, sale, including installment sale or

conditional sale, or other disposition of a development project, moneys received in

repayment of and for interest on any loan made by the authority to a person or governmental

agency, whether from the United States or a department, administration, or agency

thereof, or otherwise, proceeds of such bonds to the extent of use thereof for payment

of principal of, premium if any, or interest on the bonds is authorized by the authority,

proceeds from any insurance, condemnation, or guaranty pertaining to a project or

property mortgaged to secure bonds or pertaining to the financing of the project,

and income and profit from the investment of the proceeds of development revenue bonds

or of any revenues. (I) “ Public roads ” includes all public highways, roads, and streets in the state whether maintained

by the state or by a county, township, municipal corporation, or other political subdivision. (J) “ Public utility facilities ” includes tracks, pipes, mains, conduits, cables, wires, towers, poles, and other

equipment and appliances of any public utility. (K) “Construction,” unless the context indicates a different meaning or intent, includes

reconstruction, enlargement, improvement, or providing furnishings or equipment. (L) “Development revenue bonds,” unless the context indicates a different meaning or

intent, includes development revenue notes, development revenue renewal notes, and

development revenue refunding bonds, except that notes issued in anticipation of the

issuance of bonds shall have a maximum maturity of five years as provided in section 6123.06 of the Revised Code and notes or renewal notes issued as the definitive obligation may be issued maturing

at such time or times as the authority determines with a maximum maturity of forty

years from the date of issuance of the original note. (M) “ Voluntary action ” means a voluntary action, as defined in section 3746.01 of the Revised Code , that is conducted under the voluntary action program established in Chapter 3746.

of the Revised Code. (N) “ Acquisition or construction ” includes the undertaking of a voluntary action. (O) The “ Ohio water development authority ” means the authority created by section 6121.02 of the Revised Code .