Ohio Administrative Code › Title 122:23 - Certification of Qualified Energy Projects › Chapter 122:23-1 - General Provisions › Section 122:23-1-03 - Construction reporting

Current through all regulations passed and filed through July 1, 2024
(A)
								The applicant shall file with the director a
			 construction progress report in the form and containing the substance required
			 by the director from time to time. A construction progress report must be
			 received by the director not later than the close of business on March first
			 each year following any calendar year during which any construction or
			 installation of the energy project occurred and was not completed by December
			 thirty-first. A construction progress report will report on any construction
			 activity on the energy project during the calendar year ending on December
			 thirty-first prior to the reporting deadline. In each construction progress
			 report, the applicant will provide information about the status of construction
			 of the energy project during the reporting period, including among other things
			 a general description of the construction work undertaken and work remaining at
			 the end of the reporting period to complete the energy project. The work
			 remaining as of December thirty-first of the reporting period shall be
			 expressed as a percentage of the total project.
(B)
								The applicant
			 shall file with the director a construction completion report within ninety
			 days after the energy project is placed in service. The construction completion
			 report shall be in the form and contain the substance required by the director
			 from time to time. The applicant shall identify the date on which construction
			 is completed and the energy project is placed in service.
(C)
								The construction
			 completion report must include an appendix listing each item of tangible
			 personal property of a qualified energy project to be exempt from taxation, the
			 cost of each such item of tangible personal property, and the county in which
			 the item of tangible personal property is located. For purposes of this
			 provision, "cost" means the cost reflected on the applicant's books and
			 records, including all expenses incurred to put the property in place and in
			 use. The applicant shall also include in the appendix a final complete list of
			 permanent parcel numbers for the parcels of real property on which any part of
			 the qualified energy project is located and sufficient detail about the
			 location of tangible personal property constituting the energy facility and the
			 buildings, structures, improvements, or fixtures exclusively used to house,
			 support, or stabilize the tangible personal property constituting the energy
			 facility or that are otherwise necessary for the operation of that property so
			 that the county auditor can determine the boundaries of the real property that
			 may be entitled to exemption from taxation consistent with the definition of
			 energy facility in division (P) of section
			  5727.01  of the Revised
			 Code.
(D)
								Along with the construction completion report, the
			 applicant shall submit the following documentation:
(1)
									To evidence the
			 date on which construction or installation of the energy facility begins,
			 (a)(i) documentation from the power siting board (which may include a copy of a
			 case docket) showing the date on which an application for a certificate under
			 section  4906.20  of the Revised Code was
			 filed for the project with the power siting board or, (ii) if such a
			 certificate is not required by law, documentation showing the date on which an
			 application for approval, consent, permit, or certificate for construction or
			 operation of the project is first filed with any applicable authority, and (b),
			 if the applicant has entered into a construction or installation contract on or
			 before the application date, a copy of the contract for construction or
			 installation of the energy facility (excluding any exhibits, appendices and
			 attachments to the contract). Construction or installation of an energy
			 facility begins on the earlier of the date of the application for a power
			 siting board certificate or a construction permit, whichever applies, or the
			 date of the construction or installation contract.
(2)
									To evidence
			 applicant's compliance with all applicable regulations, a certification by an
			 authorized representative of the applicant that all licenses, permits, and
			 other approvals required for the construction and operation of the energy
			 project have been obtained or will be obtained as and when required, a list of
			 all licenses, permits, and other approvals required for the construction and
			 operation of the energy project, and copies of each such license, permit, or
			 other approval that has been obtained by the applicant as of the reporting
			 date.
(3)
									A list of fire and emergency responders for each
			 jurisdiction in which any part of the energy project is located and a
			 certificate from such fire and emergency responders to the director confirming
			 that the applicant has consulted with the fire and emergency responders in
			 developing a training plan for response to emergency situations related to the
			 energy project. If the applicant develops a joint training plan with multiple
			 fire and emergency responders, one or more fire or emergency responders may be
			 designated by the training plan to provide the certificate required by this
			 paragraph.
(4)
									A certification of an authorized representative of the
			 applicant that it has complied with the provisions of division (F)(8) of
			 section  5727.75  of the Revised Code
			 regarding offers to sell power or renewable energy credits from the energy
			 project to electric distribution utilities or electric service companies
			 subject to renewable energy resource requirements under section
			  4928.64  of the Revised Code.
			 This requirement will not apply to any application for certification filed
			 after the expiration of all requests for proposal issued by electric
			 distribution utilities and electric service companies on or before December 31,
			 2010 to purchase power or renewable energy credits.
(5)
									For a qualified
			 energy project with a nameplate capacity greater than two megawatts, evidence
			 that the applicant has established a relationship with a member of the
			 university system or person offering an apprenticeship program that complies
			 with the provisions of division (F)(7) of section
			  5727.75  of the Revised Code to
			 support workforce training. Such a relationship may be evidenced by an
			 agreement with the institution or apprenticeship program or other written
			 description of the relationship acknowledged by the institution or
			 apprenticeship program.
(6)
									For a qualified energy project with a nameplate
			 capacity greater than five megawatts, a certificate of the county engineer for
			 each county in which any part of the energy project is located to the effect
			 that the applicant has complied with, or has entered into an agreement with the
			 county to comply with, the provisions of division (F)(4) of section
			  5727.75  of the Revised Code
			 regarding the repair, rebuilding, and reinforcement of roads, bridges, and
			 culverts. If the applicant has an agreement with the county engineer, the
			 county engineer must also certify to the director that the applicant is not
			 then in default of any of its obligations under such agreement. The applicant
			 must also provide a copy of each agreement it has with any county engineer
			 related to the energy project and a copy of any bond provided to a county
			 engineer or required by the power siting board related to the repair,
			 rebuilding, and reinforcement of roads, bridges, and culverts affected by the
			 energy project.
(7)
									For a qualified energy project with a nameplate
			 capacity greater than five megawatts, a certificate of fire and emergency
			 responders for each jurisdiction in which any part of the energy project is
			 located to the effect that the applicant has equipped, or has developed in
			 consultation with such fire and emergency responders a plan for equipping, such
			 fire and emergency responders with proper equipment as reasonably required to
			 enable them to respond to emergency situations related to the energy project.
			 If the applicant develops a plan for equipping multiple fire and emergency
			 responders with shared equipment, one or more fire or emergency responders may
			 be designated by the equipment plan to provide the certificate required by this
			 paragraph.
Replaces: 122:23-1-03, 122:23-1-05