As Introduced
135th General Assembly
Regular Session H. B. No. 635
2023-2024
Representative Swearingen
A BILL
To amend sections 929.03, 6103.052, and 6117.062 1
and to enact sections 6121.30, 6121.31, 6121.32, 2
and 6121.33 of the Revised Code to re-establish 3
the Water and Sewer Commission and the Water and 4
Sewer Fund. 5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 929.03, 6103.052, and 6117.062 be 6
amended and sections 6121.30, 6121.31, 6121.32, and 6121.33 of 7
the Revised Code be enacted to read as follows: 8
Sec. 929.03. (A)(1) No public entity with authority to 9
levy special assessments on real property shall collect an 10
assessment for purposes of sewer, water, or electrical service 11
on real property that is within an agricultural district as 12
described in division (A)(2) of this section without the 13
permission of the owner, except that any assessment may be 14
collected on a lot surrounding a dwelling or other structure not 15
used in agricultural production that does not exceed one acre or 16
the minimum area required by local zoning or subdivision rules, 17
whichever is the greater area. 18
(2) For purposes of division (A)(1) of this section, an 19
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As Introduced
agricultural district is such a district that is established: 20
(a) In the case of counties, prior to the adoption of a 21
resolution of necessity by a board of county commissioners, 22
pursuant to section 6103.05 or 6117.06 of the Revised Code; 23
(b) In the case of municipal corporations, prior to 24
whichever of the following occurs first: 25
(i) The adoption of the resolution of necessity by the 26
municipal legislative authority, pursuant to section 727.12 or 27
729.02 of the Revised Code; 28
(ii) The service of notice on all or some of the owners to 29
be assessed pursuant to section 729.06 of the Revised Code; 30
(iii) The adoption of the resolution or ordinance by the 31
municipal legislative authority declaring the necessity for the 32
improvement, the costs of which are to be assessed under 33
procedures authorized by a municipal charter adopted pursuant to 34
Section 7 of Article XVIII, Ohio Constitution, or, if no such 35
ordinance or resolution is required under the charter, the 36
service of the first notice on all or some of the owners of 37
lands to be assessed, or the adoption of the first ordinance or 38
resolution by the municipal legislative authority pertaining to 39
the assessment proceedings under the charter. 40
(c) In the case of a regional water and sewer district 41
established pursuant to Chapter 6119. of the Revised Code, prior 42
to the adoption of a resolution of necessity by the board of 43
trustees of the district under section 6119.25 of the Revised 44
Code. 45
(B) For each special assessment levied by a public entity 46
on real property within an agricultural district for purposes of 47
sewer, water, or electrical service, the county auditor shall 48
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As Introduced
make and maintain a list showing: 49
(1) The name of the owner of each lot, tract, or parcel of 50
land that is exempt from the collection of the special 51
assessment under this section; 52
(2) A description of the exempt land; 53
(3) The purpose of the special assessment; 54
(4) The amount of the uncollected assessment on the exempt 55
land. 56
In the case of a county project constructed under Chapter 57
6103. or 6117. of the Revised Code, the county auditor may use a 58
list provided for in those chapters in lieu of the list required 59
by division (B) of this section. The auditor shall also record 60
in the water works record required by section 6103.16 of the 61
Revised Code or the sewer improvement record required by section 62
6117.33 of the Revised Code those assessments not collected 63
under this section. The recording of the assessments does not 64
permit the collection of the assessments until such time as 65
exempt lands are withdrawn from agricultural districts or 66
converted to nonagricultural use. 67
(C) If at any time any of the owner's exempt land, other 68
than a lot sold or transferred to a son, daughter, brother, 69
sister, mother, or father for the purpose of constructing a 70
dwelling in which the relative will reside for at least three 71
years, is withdrawn from an agricultural district or if the 72
owner of the exempt land uses on that land the service for which 73
the special assessment was assessed, the public entity may 74
collect the entire uncollected assessment, except as otherwise 75
provided in this division, in addition to an amount equal to the 76
rate of interest that any bonds or notes issued for the project 77
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As Introduced
for which the assessment was made did bear for the number of 78
years the land was exempted, not to exceed twenty-five or the 79
number of years for which the bonds or notes were issued, 80
whichever is the lesser number. The owner shall notify the 81
county auditor of any withdrawal from a district or use of the 82
service within ninety days following the withdrawal or use of 83
the service. The charge shall constitute a lien of the public 84
entity upon the land and shall continue until discharged. All 85
liens shall be recorded in the appropriate county recorder's 86
office. Moneys collected as a result of the charge shall be 87
deposited in the appropriate fund of the public entity that 88
levied the special assessment. 89
If the owner of exempt land sells or transfers a lot to 90
the owner's son, daughter, brother, sister, mother, or father 91
for the purpose of constructing a dwelling in which the relative 92
will reside for at least three years, and if the owner or the 93
buyer of the lot uses the service for which the special 94
assessment was assessed only to provide service to that lot, the 95
owner of the lot shall pay only that portion of the uncollected 96
assessment and interest that applies to the lot. 97
If at any time any part of an owner's exempt land is 98
appropriated, the owner shall pay only that portion of the 99
uncollected assessment and interest that applies to the 100
appropriated parcel of land. 101
In lieu of immediate payment of the uncollected assessment 102
and interest, the board of county commissioners, legislative 103
authority of a municipal corporation, the board of trustees of a 104
regional water and sewer district, or other governing board of 105
any other public entity may, upon the request of the owner, 106
establish an extended repayment schedule for the owner. If the 107
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As Introduced
board, legislative authority, board of trustees, or other 108
governing board establishes such a schedule, it shall notify the 109
county auditor of the schedule. 110
(D) A board of county commissioners, legislative authority 111
of a municipal corporation, the board of trustees of a regional 112
water and sewer district, or other governing board of any other 113
public entity may apply to the water and sewer commission 114
created by section 6121.31 of the Revised Code for an advance of 115
money from the water and sewer fund, created by section 6121.30 116
of the Revised Code, in an amount equal to that portion of the 117
costs of a water or sewer improvement authorized by law that is 118
to be financed by assessments whose collection is prohibited 119
under division (A) of this section. The application for such an 120
advance of money shall be made in the manner prescribed by rules 121
of the commission. Upon collection of any assessment whose 122
collection was prohibited under division (A) of this section, 123
the board of county commissioners, legislative authority, board 124
of trustees, or other governing board shall repay the commission 125
the amount of any money advanced by it in regard to the 126
assessments. 127
Sec. 6103.052. (A) A board of county commissioners may 128
apply to the water and sewer commission, created by section 129
6121.30 of the Revised Code, for an advance of money from the 130
water and sewer fund, created by section 6121.31 of the Revised 131
Code, in an amount equal to that portion of the costs of an 132
improvement authorized under sections 6103.02 to 6103.30 of the 133
Revised Code which is to be financed by assessments whose 134
collection is deferred pursuant to division (B) of this section. 135
The application for such an advance of money shall be made in 136
the manner prescribed by rules of the commission. 137
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As Introduced
(B) At any time prior to the expiration of the five-day 138
period provided by section 6103.05 of the Revised Code for the 139
filing of written objections, any owner of property which is 140
classified on the general tax list of the county auditor as 141
agricultural land and has been assessed for the extension of a 142
main water line over or along such property under sections 143
6103.02 to 6103.30 of the Revised Code may file with the board 144
of county commissioners a request in writing for deferment of 145
the collection of the owner's assessment if the main water line 146
provides water facilities to aid in the establishment of new 147
industrial plants, the expansion of existing industrial plants, 148
or such other industrial development, or provides water 149
facilities to aid in the establishment of commercial and 150
residential developmentsserves a purpose set forth in section 151
6121.33 of the Revised Code for which the water and sewer fund 152
may be used. Such request shall identify the property in 153
connection with which the request for deferment is made, shall 154
describe its present use and present classification on the 155
general tax list of the county auditor, shall state its 156
estimated market value, showing separately the value of the land 157
and the value of the buildings thereon, shall state the reasons, 158
if any, why a portion of the benefit of the improvement will not 159
be realized until the use of the land is changed, and shall 160
state the amount to be deferred. The board shall promptly 161
consider such request and may order the deferment of the 162
collection of that portion of the assessment representing a 163
benefit from the improvement that will not be realized until the 164
use of the land is changed. The board may, upon request of an 165
owner whose property has been assessed for the extension of a 166
main water line over or along such property under sections 167
6103.02 to 6103.31 of the Revised Code, defer all or any part of 168
the assessment on property which is classified on the general 169
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As Introduced
tax list of the county auditor as agricultural land, by 170
attributing the amount of such assessment or part thereof as 171
tap-in charges, if the main water line provides water facilities 172
to aid in the establishment of new industrial plants, the 173
expansion of existing industrial plants, or such other 174
industrial development, or provides water facilities to aid in 175
the establishment of commercial and residential 176
developmentsserves a purpose set forth in section 6121.33 of the 177
Revised Code for which the water and sewer fund may be used. A 178
deferment under this section may be conditioned upon the 179
approval of the advance of money applied for pursuant to 180
division (A) of this section, and a maximum length of the 181
deferment may be fixed to coincide with the maximum time within 182
which the advance must be repaid. The decision on the request 183
for deferment of collection of assessments shall be made 184
pursuant to standards established by rules of the commission. 185
Upon determination and approval of final assessments, the board 186
of county commissioners shall certify all deferred assessments 187
and a fee equal to two per cent of the amount of the any fee 188
paid by the board to the commission pursuant to division (C) of 189
section 6121.32 of the Revised Code attributable to the deferred 190
assessments to the county auditor. For purposes of this section, 191
"assessment," "deferred assessment," or "assessment deferred 192
under this section" mean the fee and the deferred assessment 193
certified to the county auditor. The county auditor shall record 194
an assessment deferred under this section in the water works 195
record. Such record shall be kept until such time as the 196
assessments are paid in full or certified for collection in 197
installments as provided in this section. During the time when 198
the assessment is deferred there shall be a lien on the property 199
assessed, which lien shall arise at the time of recordation by 200
the county auditor and shall be in force until the assessments 201
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As Introduced
are paid in full or certified for collection in installments. 202
(B) (C) The board of county commissioners shall defer the 203
collection of an assessment, except the amount of such 204
assessment or part thereof attributable as tap-in charges, which 205
has been deferred pursuant to division (A) of this section on or 206
before January 1, 1987, beyond the expiration of the maximum 207
time for the original deferment if the property owner requests 208
in writing, no later than six months prior to the expiration of 209
the original deferment, that the assessment be further deferred 210
and as long as the property owner's land could qualify for 211
placement in an agricultural district pursuant to section 929.02 212
of the Revised Code. 213
The board shall regularly review the use and ownership of 214
the property for which the collection of assessments has been 215
deferred pursuant to this division, and upon finding that the 216
land could no longer qualify for placement in an agricultural 217
district pursuant to section 929.02 of the Revised Code, the 218
board shall immediately collect, without interest, the full 219
amount of the assessment deferred and repay the commission the 220
amount of any money advanced by it in regard to