OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 286 Bill Analysis
135th General Assembly
Click here for S.B. 286’s Fiscal Note
Version: As Introduced
Primary Sponsors: Sen. Wilkin
Effective date:
Jeff Grim, Research Analyst
SUMMARY
 Creates the Ohio River Commission within the Department of Development to develop
and promote economic development, marine cargo terminal operations, and travel and
tourism on the Ohio River and its tributaries.
 Specifies the Commission’s powers and duties, which include developing a master plan
for Ohio River infrastructure and transportation projects.
 Requires every other Ohio authority, commission, department, or agency to provide the
Commission with data, plans, research, and any other information that the Commission
requests to assist it in performing its duties.
 Allows the Commission to issue grants and loans for the development of the Ohio River
infrastructure or for continuing or instituting Ohio River transportation in Ohio.
 Creates the Ohio River Commission Fund to be used for the Commission’s purposes and
to pay its administrative expenses.
 Requires the Controlling Board to approve any expenditures by the Department of
Development, the Commission, or any other state agency for capital improvements to
promote economic development, marine cargo terminal operations, and travel and
tourism on the Ohio River and its tributaries.
DETAILED ANALYSIS
Ohio River Commission
The bill creates the Ohio River Commission within the Department of Development to
develop and promote economic development, marine cargo terminal operations, and travel
and tourism on the Ohio River and its tributaries. It specifies that the Commission consists of
the following members:
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1. The Director of Development, or the Director’s designee, who serves as chairperson;
2. The Director of Transportation, or the Director’s designee;
3. The Director of Natural Resources, or the Director’s designee;
4. Two members, who are Ohio residents or a designee of a business licensed in Ohio,
representing the general public – one appointed by the Senate President and one
appointed by the Speaker of the House; and
5. Six members, who are Ohio residents or a designee of a business licensed in Ohio,
appointed by the Governor with the advice and consent of the Senate (with up to three
from the same political party) as follows:
a. Three who represent private industry associated or affiliated with marine cargo
terminal operations on the Ohio River; and
b. Three who represent private industry possessing experience in marine cargo
terminal operations or travel and tourism on the Ohio River.1
The bill requires members to be reimbursed for actual expenses incurred in
performance of their duties.2
Additionally, it specifies all of the following concerning the Commission’s organization
and structure:
 Initial appointments: within 60 days after the bill’s effective date, the Governor must
make initial appointments to the Commission. Of the initial appointments, three
members must be for a term ending two years after the bill’s effective date and three
must be for a term ending four years after that date.
 Vacancies: vacancies are filled in the same manner as original appointments and any
member appointed to fill a vacancy must have the same qualifications as the member’s
predecessor.
 Terms: each term is generally four years and ends on the same month and day as the
preceding term. Each appointed member must hold office from the appointment date
until the end of the term. Any member appointed to fill a vacancy before the expiration
of the predecessor’s term must hold office for the remainder of that term.
Any appointed member must continue in office subsequent to the term’s expiration
date until the member’s successor takes office, or for an additional 60 days, whichever
occurs first.
1 R.C. 122.29(A) and (B)(1).
2 R.C. 122.29(B)(2).
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 Reappointment: all members are eligible for reappointment.
 Quorum: six members constitute a quorum. The affirmative vote of a majority of the
quorum is necessary for any action taken by the Commission. No vacancy in the
membership of the Commission impairs the rights of a quorum to exercise all the rights
and perform all the duties of the Commission.
 Ethics: all Commission members are subject to Ohio’s laws governing the ethics
standards and requirements of public officers.3
Ohio River Commission’s powers and duties
The bill requires the Commission to do all of the following:
1. Employ an Executive Director who has appropriate experience as determined by the
Commission, and a secretary-treasurer and other employees that the Commission
considers appropriate (and may fix the compensation of the employees);
2. Adopt and, from time to time, ratify, amend, and repeal bylaws necessary and proper
for the regulation of its affairs and the conduct of its business and rules to implement
and make effective its powers and duties;
3. Adopt an official seal;
4. Maintain a principal office in Columbus, Ohio and, if necessary, regional sub-offices at
locations properly designated by the Commission;
5. Receive, promote, support, and consider recommendations, from public or private
planning organizations, and develop a master plan for Ohio River infrastructure and
transportation projects;
6. Coordinate with port authorities, private port operators, metropolitan planning
organizations, regional transportation planning organizations, local development
districts, Ohio River service entities, utility service providers, and agricultural, tourism,
and recreational interests, regarding Ohio River infrastructure and transportation;
7. Coordinate with state agencies, local governments and communities, other states, and
the federal government regarding Ohio River issues;
8. Advocate for Ohio River infrastructure and transportation as related to commerce, job
creation, economic development, and taxes;
9. Collect, track, and maintain key statistics and data regarding commerce on the Ohio
River and make an annual report to the General Assembly;
3 R.C. 122.29(C) to (E).
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10. Ensure the coordination and monitoring of federal, state, and local policies, programs,
and priorities pertaining to the development and operation of marine cargo terminals
and travel and tourism on the Ohio River;
11. Prioritize policies, programs, and issues identified in the Ohio Maritime Strategy4
prepared by the Department of Transportation (ODOT) and in ODOT’s Economic Impact
of the Ohio River Maritime Activity study,5 as those or similar documents or reports are
published and updated by ODOT;
12. Coordinate with and assist the various state agencies in their work as it relates to issues
concerning the Ohio River;
13. Evaluate policies, programs, programs of research, and priorities to offset the continued
decline in coal production and consumption within the Ohio River Basin and promote
prosperity in Ohio’s Appalachian region;
14. Administer development funds and seek, support, and assist the Ohio River industry in
the utilization of available grants, loans, and other finance mechanisms in support of
Ohio River projects;
15. Represent the interests of Ohio in regional, national, and international forums
pertaining to economic development, marine cargo terminals, and travel and tourism on
the Ohio River and its tributaries; and
16. Coordinate, for dissemination and publication, information regarding the Commission
and its related activities in connection with the Ohio River.6
Additionally, the bill requires every other Ohio authority, commission, department, or
agency to provide the Commission with data, plans, research, and any other information that
the Commission requests to assist it in performing its duties.7
The Department of Development and ODOT, when so requested by the Commission,
must cooperate in the implementation of the Commission’s organization, data and research
requests, and provide any other information to assist the Commission in performing its duties. 8
4 See Ohio Maritime Strategy, available on the Department of Transportation’s website:
transportation.ohio.gov by conducting a keyword “Maritime Strategy” search.
5 See The Economic Impacts of Ohio River Maritime Activity, available on the Department of
Transportation’s website: transportation.ohio.gov by conducting a keyword “Economic Impacts of Ohio
River Maritime Activity” search.
6 R.C. 122.291.
7 R.C. 122.29(I).
8 R.C. 122.29(H).
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Issue grants and loans
The bill allows the Commission to issue grants and loans for the development of
Ohio River infrastructure or for continuing or instituting Ohio River transportation in Ohio to
any of the following:
 An individual;
 A corporation;
 A business trust;
 An estate;
 A trust;
 A partnership;
 An association;
 A unit of local government;
 A local or regional transportation authority; or
 A private corporation or organization.9
The grants and loans may be used for rehabilitation, construction, planning, relocation,
or acquisition and may be provided by the Commission with funds from the U.S. government,
the state, or any person, or from any combination of those sources. The Commission must
establish eligibility and distribution criteria for the grants and loans.10
The bill allows the Commission to cooperate with other states when issuing grants and
loans. It also allows the Commission to enter into any agreements with other states for the
operation of Ohio River services.11
Funding and expenditures
The bill creates the Ohio River Commission Fund in the state treasury. The fund consists
of all money as may be provided by law, including money received from any sale, transfer, or
lease of property. Fund money must be used for the Commission’s purposes and to pay the
Commission’s administrative expenses.12 The Commission must use all acquired public funds for
9 R.C. 122.292(A) and (B).
10 R.C. 122.292(B).
11 R.C. 122.292(C).
12 R.C. 122.293.
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developing, implementing, promoting, and regulating economic development, marine terminal
operations, and travel and tourism on the Ohio River and its tributaries.13
In addition, the bill allows the Department of Development to use all appropriate
sources of revenue to assist the Commission in furtherance of the Commission’s purposes.14
It also specifies that expenditures by the Department, the Commission, or any other state
agency for capital improvements to promote economic development, marine cargo terminal
operations, and travel and tourism on the Ohio River and its tributaries are subject to the
approval of the Controlling Board.15
The bill allows the Commission, or the Department, on behalf of the Commission, to
apply for and receive from the federal government loans and grants in accordance with any
federal law or program, for the benefit of Ohio River infrastructure, transportation, or
recreation and tourism.16
HISTORY
Action Date
Introduced 06-04-24
ANSB0286IN-135/ts
13 R.C. 122.29(G)(2).
14 R.C. 122.29(F).
15 R.C. 122.29(G)(1).
16 R.C. 122.29(J).
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As Introduced