Office of Citizen
Rest in Peace,
8 years later - Hauser Amendment passes
Submitted by Susan Miller on Mon, 01/12/2009 - 23:38.
Chapter 4582. regulates port authorities. Sections 4582.01 to 4582.20 apply exclusively to port authorities in existence on July 9, 1982. Sections 4582.21 to 4582.59 apply exclusively to a port authority created after July 9, 1982, and to a port authority in existence on that date if all subdivisions that created the port authority elect to operate under those sections.
The bill requires all port authorities to prepare a plan for future development, construction, and improvement of the port and its facilities. The plan must include maps, profiles, and other data and descriptions as necessary to describe the location and character of the work to be undertaken. Plans and proposed plans by a port authority and its public and private affiliates for the plan also must contain a description of any and all financing under bonds, leases, or otherwise, and a description of any and all related tax abatements, tax credits, tax increment financing, emoluments, subsidies, grants, loans, and financial participation. When the plan is completed, the port authority board of directors must give specified notice in each county in which there is a political subdivision participating in the creation of the port authority, and must serve notice upon any owners of the uplands contiguous to any submerged lands affected by such plan. The board must permit the inspection of the plan at their office by all interested persons. The notice must fix the time and place for a hearing of all objections to the plan, which must be not less than 30 nor more than 60 days after the last publication of the notice and after service of notice upon the owners of any uplands. Any interested person may file written objections to the plan, with the secretary of the board of directors at the secretary's office not less than five days prior to the date of the hearing. After the hearing, the board of directors may adopt the plan with any modifications or amendments to it as the official plan of the port authority. (R.C. 4582.07 and 4582.32.)
The bill authorizes the board of directors, from time to time after the adoption of an official plan, to modify, amend, or extend the plan but requires the board to give notice and conduct a hearing as described above on the modification, amendment, or extension. Additionally, the bill authorizes the board, from time to time after the adoption of an official plan, to consider, implement, modify, amend, or extend any proposal for any type of financing related to the plan as described above, but the board must give notice and conduct a hearing on any proposal. (R.C. 4582.08 and 4582.33.)
Lastly, the bill provides that the plan and any modification, amendment, or extension of the plan, when adopted by the board of directors after notice and hearing, is final and conclusive and its validity must be conclusively presumed (R.C. 4582.09 and 4582.34).
In an email tonight, Ed's friend and colleague, Peter Griesinger said this:
"Breaking News: The Hauser Amendment to Senate Bill 353 was signed by the governor Jan 6.
The OH Port Authorities are now required to hold public hearings for their development plans. Slipped in as an amendment to Rokakis' County Land Bank Bill by Cincinnati Republican Bill Seitz, who thought it was the right thing to do, Hauser's dogged determination to get this done, right to the end, has been accomplished.
No one is beating their chests about it because it's so 'anti-development', but none the less an 8 year struggle to re-enact Ohio Revised Code 4582.07-9 requiring Port Authorities to publish development plans and to hold public hearings has seen the light of day.
Ed lived and died to make sure that every taxpayer, every citizen, would be seated at the table."