Ohio Code § 5537.18

§ 5537.18.

(A) The Ohio turnpike and infrastructure commission shall adopt rules establishing the

procedures and criteria under which the commission may approve an application received

from the director of transportation for infrastructure project funding under division

(B) of this section.  The rules shall require an infrastructure project to have an anticipated benefit

to the system of public highways in the state of Ohio and transportation-related nexus

with and relationship to the Ohio turnpike system and the Ohio turnpike and infrastructure

system.  The criteria included in the rules for determining if an infrastructure project

has the required nexus and relationship to the Ohio turnpike system and the Ohio turnpike

and infrastructure system and the criteria for approving an application for infrastructure

project funding submitted by the director of transportation shall include the following: (1) A physical proximity of the infrastructure project to and a direct or indirect physical

connection between the infrastructure project and the Ohio turnpike system; (2) The impact of the infrastructure project on traffic density, flow through, or capacity

on the Ohio turnpike system; (3) The impact of the infrastructure project on the Ohio turnpike system toll revenue

or other revenues; (4) The impact of the infrastructure project on the movement of goods and services on

or in the area of the Ohio turnpike system;  and (5) The enhancement or improvement by and through the infrastructure project of access

to, use of, and egress from the Ohio turnpike system and access to and from connected

areas of population, commerce, and industry. (B) The director of transportation may submit an application to the commission for infrastructure

project funding.  An application to the commission for infrastructure project funding, as submitted

by the director, shall include only infrastructure projects that previously have been

reviewed and recommended by the transportation review advisory council pursuant to

the selection process followed by the council under Chapter 5512. of the Revised Code.  In selecting infrastructure projects for which applications will be made to the

commission for infrastructure project funding, the director shall consider the physical

proximity of the project to the Ohio turnpike system.  Not less than ninety per cent of the total cost of the infrastructure project funding

requests submitted by the director of transportation to the commission shall be for

infrastructure projects that are at least partially located within seventy-five miles

of the Ohio turnpike system. By rule, the director may establish guidelines under which an application may be made

for infrastructure project funding that combines separate projects if the combination

of projects is necessary to satisfy any funding threshold required for approval by

the transportation review advisory council and the individual projects have a nexus

to the Ohio turnpike system and also address a critical public safety concern or have

a significant economic impact. (C) The commission shall evaluate each application for infrastructure project funding

submitted under division (B) of this section in accordance with the procedures and

criteria established in rules adopted under division (A) of this section.  A determination or approval made under this section is conclusive and incontestable. (D) Nothing in this section shall interfere with the authority of the director of transportation

under Chapter 5512. of the Revised Code.