2006 Ohio Revised Code - 3345.50. Local administration of improvement projects not exceeding $4,000,000; criteria for administration of projects exceeding $4,000,000.

§ 3345.50. Local administration of improvement projects not exceeding $4,000,000; criteria for administration of projects exceeding $4,000,000.
 

Notwithstanding anything to the contrary in sections 123.01 and 123.15 of the Revised Code, a state university, a state community college, or the northeastern Ohio universities college of medicine not certified pursuant to section 123.17 of the Revised Code may administer any capital facilities project for the construction, reconstruction, improvement, renovation, enlargement, or alteration of a public improvement under its jurisdiction for which the total amount of funds expected to be appropriated by the general assembly does not exceed four million dollars without the supervision, control, or approval of the department of administrative services as specified in those sections, if both of the following occur: 

(A) Within sixty days after the effective date of the section of an act in which the general assembly initially makes an appropriation for the project, the board of trustees of the institution notifies the Ohio board of regents in writing of its intent to administer the capital facilities project; 

(B) The board of trustees complies with the guidelines established pursuant to section 153.16 of the Revised Code and all laws that govern the selection of consultants, preparation and approval of contract documents, receipt of bids, and award of contracts with respect to the project. 

The board of regents shall adopt rules in accordance with Chapter 119. of the Revised Code that establish criteria for the administration by any such institution of higher education of a capital facilities project for which the total amount of funds expected to be appropriated by the general assembly exceeds four million dollars. The criteria, to be developed with the department of administrative services and higher education representatives selected by the board of regents, shall include such matters as the adequacy of the staffing levels and expertise needed for the institution to administer the project, past performance of the institution in administering such projects, and the amount of institutional or other nonstate money to be used in financing the project. The board of regents and the department of administrative services shall approve the request of any such institution of higher education that seeks to administer any such capital facilities project and meets the criteria set forth in the rules and in the requirements of division (B) of this section. 
 

HISTORY: 145 v H 152 (Eff 7-1-93); 145 v H 790 (Eff 9-12-94); 146 v H 117 (Eff 9-29-95); 146 v S 99 (Eff 10-25-95); 146 v S 264 (Eff 6-13-96); 146 v H 748 (Eff 9-17-96)/D; 147 v H 850. Eff 3-18-99; 151 v H 16, § 1, eff. 5-6-05; 151 v H 478, § 2, eff. 7-1-06.
 

Å See note following RC § 3318.01. 
 

The effective date is set by § 8 of 151 v H 478. 

The provisions of § 23.52 of 151 v H 16 read as follows: 

SECTION 23.52. Those institutions locally administering capital improvement projects pursuant to section 3345.50 of the Revised Code may: 

(A) Establish charges for recovering costs directly related to project administration as defined by the Director of Administrative Services. The Department of Administrative Services shall review and approve these administrative charges when such charges are in excess of 1.5 per cent of the total construction budget. 

(B) Seek reimbursement from state capital appropriations to the institution for the in-house design services performed by the institution for such capital projects. Acceptable charges shall be limited to design document preparation work that is done by the institution. These reimbursable design costs shall be shown as "A/E fees" within the project's budget that is submitted to the Controlling Board or the Director of Budget and Management as part of a request for release of funds. The reimbursement for in-house design shall not exceed seven per cent of the estimated construction cost. 

The effective date is set by section 102 of HB 850. 

The provisions of § 104 of HB 850 (147 v  - ) read as follows: 

SECTION 104. Section 3345.50 of the Revised Code is presented in this act as a composite of the section as amended by both Am. H.B. 748 and Am. Sub. S.B. 264 of the 121st General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act. 

 

Effect of Amendments

151 v H 478, effective July 1, 2006, in the first paragraph, deleted "the medical university of Ohio at Toledo" following "state university". 

Section 1, 151 v H 16, effective May 6, 2005, in the first paragraph, substituted "university of Ohio" for "college of Ohio", and inserted "not certified pursuant to section 123.17 of the Revised Code".