Ohio Code § 5531.08

§ 5531.08.

(A) In order to expedite a highway project involving the expenditure of federal and state

funds and to utilize all privileges provided by the “Intermodal Surface Transportation

Efficiency Act of 1991,” 105 Stat. 1914, 49 U.S.C.A. 101 , the director of transportation may designate a project team for the purposes of

certifying design review and performing field and office inspections and cost estimates,

on behalf of the federal highway administration. (B)(1) Upon a written determination by the director that it would be in the best interests

of the traveling public, the director, upon the written request of a county, township,

or municipal corporation, may utilize moneys in the highway operating fund created

by section 5735.051 of the Revised Code to pay that portion of the construction cost of a highway project which the county,

township, or municipal corporation normally would be required to pay. (2) The director shall not utilize moneys in the highway operating fund for a highway

project in the manner described in division (B)(1) of this section unless all of the

following apply: (a) The preliminary engineering design of the project is complete, all necessary rights-of-way

have been obtained, and all federal, state, and local environmental studies and permits

have been performed or obtained; (b) The director of transportation has submitted the proposed project to the director

of development for an evaluation of the potential economic benefit to the area.  The county, township, or municipal corporation certifies to the director of development

that the project will create not less than five permanent living wage jobs.  This requirement shall be fulfilled during the three-year period following the completion

date of the project, and the county, township, or municipal corporation may define

the geographic area within which the jobs will be created. (c) The quotient resulting from the division of the total amount of moneys utilized to

cover the portion of the construction cost of the highway project that a county, township,

or municipal corporation would normally be required to pay, divided by the number

of permanent living wage jobs certified to the director of development by the county,

township, or municipal corporation pursuant to division (B)(2)(b) of this section

is less than or equal to ten thousand dollars. (C) Upon a written determination by the director of transportation that it would be in

the best interests of the traveling public, the director, upon the written request

of a county, township, or municipal corporation, may declare a waiver of that portion

of the cost of a highway project which the county, township, or municipal corporation

normally would be required to pay. (D) The director of development shall do all of the following: (1) Review all requests submitted by a county, township, or municipal corporation to

the director of transportation pursuant to division (B) of this section for the expenditure

of moneys from the highway operating fund; (2) Submit findings and recommendations to the director of transportation upon completion

of the review process; (3) Monitor the results of a highway project for which moneys in the highway operating

fund are utilized in order to ascertain whether the number of permanent living wage

jobs certified to the director of transportation pursuant to division (B)(2)(b) of

this section actually are created as a result of the highway project within the three-year

period following the completion of the project, and submit reports relating to this

subject to the director as necessary. (E) The director of transportation may award eligible federal funds or state general

revenue funds to local units of government, including regional transit authorities

providing public transportation service and metropolitan planning organizations.  These funds may be used for such purposes as alleviating traffic congestion or improving

air quality in nonattainment areas of the state as defined by the “Clean Air Act of

1990,” 104 Stat. 2399, 42 U.S.C.A. 7401 .  The funds also may be used to acquire or construct park-and-ride facilities, to

purchase traffic devices to improve vehicular flow, and for other travel demand management

activities that meet the mandates of the Clean Air Act in nonattainment areas of the

state. (F) As used in this section, “ living wage job ” means an employment position paying an annual average gross wage amount per full-time

person of not less than twenty thousand dollars per year.