Ohio Administrative Code › Title 122:23 - Certification of Qualified Energy Projects › Chapter 122:23-1 - General Provisions › Section 122:23-1-02 - Application and certification

Current through all regulations passed and filed through July 1, 2024
(A)
								An application
			 for certification shall be in the form and contain the substance required by
			 the director. To be considered, the application for certification must be
			 complete, accompanied by all required supporting documentation and submitted by
			 an authorized representative of the applicant. An application for certification
			 must be submitted to the director no later than the close of business on the
			 last day for application as provided in division (E) of section
			  5727.75  of the Revised Code. If
			 an application for certification is incomplete, the director shall notify the
			 applicant and identify in reasonable detail the information or supporting
			 documentation necessary to complete the application. The applicant shall have
			 thirty days after notice from the director to cure any deficiencies in the
			 application. If such deficiencies are not cured within the thirty day cure
			 period, the application for certification will be considered denied. The
			 applicant may submit a new application for certification if the statutory
			 deadline for submitting an application for certification has not
			 passed.
(B)
								An application for certification must identify the
			 location where any tangible personal property or real property that is part of
			 the energy project will be located including: each county in which any real or
			 tangible personal property will be located, the taxing units in which any real
			 or tangible personal property will be located, and the permanent parcel numbers
			 for parcels within each county on which any part of the energy project will be
			 located. An application for certification must also provide a mailing address
			 for the board of county commissioners of each county and for the taxing
			 authority of each taxing unit listed in the application.
(C)
								To satisfy the
			 requirement for certification provided in division (E)(3) of section
			  5727.75  of the Revised Code,
			 each applicant for certification of an energy project as a qualified energy
			 project must submit a certification by an authorized representative of the
			 applicant that no portion of the energy facility was used to supply electricity
			 before December 31, 2009. "Supply electricity" has the same meaning as
			 "supplying of electricity" set forth in division (A) of section
			  5727.02  of the Revised
			 Code.
(D)
								A board of county commissioners to which an application
			 for certification is forwarded for review as provided in division (E)(1)(b) of
			 section  5727.75  of the Revised Code may
			 request an extension of time from the director to consider a resolution
			 approving or rejecting the application. Any such request shall be made in
			 writing to the director. The board shall be entitled to receive, and the
			 director shall grant, one extension of thirty days. The board may request a
			 further extension of time to consider a resolution approving or rejecting the
			 application, but any further extension may be granted or denied in the
			 director's discretion.
(E)
								If, within thirty days after the director forwards an
			 application for certification to boards of county commissioners for the
			 affected counties (or within any extension of that time granted by the director
			 upon request of a county or otherwise), no board of county commissioners for a
			 county in which any part of the energy project is located provides a resolution
			 approving the application for certification or approving an alternative energy
			 zone in which a part of the energy project is located, the director shall deny
			 the application for certification. The director shall notify the applicant in
			 writing of such denial and provide a copy of the denial notice to the
			 commissioner and the board of county commissioners for each county in which any
			 part of the energy project is located. If the statutory deadline for submitting
			 an application for certification has not passed, the applicant may resubmit its
			 application for certification.
(F)
								The director
			 shall review each application for certification and determine if the
			 application and supporting documentation satisfies the requirements of division
			 (E)(2) of section  5727.75  of the Revised Code for
			 certification of the energy project as a qualified energy project. The director
			 shall notify the applicant in writing of such determination. For any energy
			 project determined to be a qualified energy project, the director shall issue a
			 certificate in the form determined by the director, in consultation with the
			 commissioner. The certificate shall identify the applicant, each county in
			 which any part of the qualified energy project is located, and the proposed
			 nameplate capacity of the qualified energy project. The director shall provide
			 to the commissioner, the board of county commissioners, auditor and treasurer
			 of each county in which any part of the qualified energy project is located,
			 and to the applicable taxing units in which any real or tangible personal
			 property is located, a copy of the qualified energy project certificate issued
			 by the director to the applicant.
Replaces: 122:23-1-03, 122:23-1-04