reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 122:24 - InvestOhio Program › Chapter 122:24-1 - General Provisions › Section 122:24-1-09 - Verification of small business investment certificates

Current through all regulations passed and filed through July 1, 2024
(A) Annually on a date determined by the
			 director and again upon the completion of the holding period for a qualifying
			 investment that was given an investOhio transaction ID, the eligible investor
			 shall supply to the director evidence of its continued ownership interest in
			 the small business enterprise that was a party to the qualifying
			 investment.
(B) Annually on a date
			 determined by the director and again upon the completion of the holding period
			 for a qualifying investment that was given an investOhio transaction ID, the
			 small business enterprise shall supply to the director evidence of its
			 continuous ownership of the property it acquired or employment positions it
			 funded pursuant to division (A)(1)(c) of section
			  122.86 
			 of the Revised Code.
(C)
								The director shall not issue a tax
			 credit  if an eligible investor fails to retain an ownership
			 interest greater than or equal to that which it acquired as a result of the
			 investment of money for the entirety of the holding period.
(D)
								The director shall not
			 issue a
			 tax credit for property the small business
			 enterprise failed to retain for the entirety of the holding period.
(E) In the event that
			 an eligible investor is a pass-through entity in which only some of the
			 participating owners or members have held their equity or other ownership
			 interests in the small business enterprise for the applicable holding period,
			 the director shall issue tax credit certificates to only those owners or
			 members who held their interests for applicable holding period.
(F) When the director
			 disqualifies a small business investment certificate, or any portion thereof,
			 the director shall restore that amount to the investOhio program and follow the
			 procedures set forth in paragraph (E) of rule 122:24-1-06 of  the Administrative Code to continue to award tax credits to investOhio transaction IDs that have not received either their full allocation of tax credits or any tax credit. The director shall cease reinstatement under this division upon the end of each state fiscal biennium.
Ohio Administrative Code › Title 122:24 - InvestOhio Program › Chapter 122:24-1 - General Provisions › Section 122:24-1-10 - Disqualification of small business investment certificates

Current through all regulations passed and filed through July 1, 2024
(A) A disqualification of a small business
			 investment certificate may occur at several points in the procedure
			 :
(1)
			 During the process of applying for a small business investment certificate that
			 is set forth in rule 122:24-1-04 of  the Administrative Code, as such disqualification is further outlined in paragraph (B) of this rule; or
(2)
			 During the validation of the application for a small business investment
			 certificate that is set forth in rule 122:24-1-05 of  the Administrative Code, as such disqualification is further outlined in paragraph (C) of this rule; or
(3)
			 During the verification of the small business investment certificate that is
			 set forth in rule 122:24-1-09 of  the Administrative Code, as such disqualification is further outlined in paragraph (D) of this rule, after the holding period has run.
(4) At any time if the director determines
			 that an eligible investor or the small business enterprise has engaged in any
			 activity that represents an effort to subvert the purpose of section
			  122.86 
			 of the Revised Code. Such efforts shall include, but are not limited to:
(a) An investment of money that is comprised
			 of a loan, granted by or through the small business enterprise to an eligible
			 investor when the eligible investor intends to make an investment of money in
			 the small business enterprise;
(b)
			 An investment of money that is derived from a loan in which the assets of the
			 small business enterprise havd been pledged as collateral or otherwise
			 encumbered;
(c) An investment of
			 money that is derived from an extraordinary or non-recurring distribution of
			 equity from the small business enterprise to an eligible investor when the
			 eligible investor intends to make and investment of money in the same small
			 business enterprise; or
(d)
			 Expenditures allowed pursuant to division (A)(1)(c) of section
			  122.86 
			 of the Revised Code but that are made with a related party.
Ohio Administrative Code › Title 122:24 - InvestOhio Program › Chapter 122:24-1 - General Provisions › Section 122:24-1-11 - Maintenance of records

Current through all regulations passed and filed through July 1, 2024
(A)
								 Both eligible
			 investors and small business enterprises shall be required to maintain records
			 necessary to prove that they meet the various requirements of section
			  122.86 
			 of the Ohio Revised Code. The burden of proof shall rest with the eligible
			 investor and the small business enterprise and compliance with the suggestions
			 below does not shift the burden of proof to the state, the director, or the tax
			 commissioner.
(B)
								 All records must be preserved for a period of five
			 years from the completion of the applicable holding period for the qualifying
			 investment, as described in division (A)(4) of section
			  122.86 
			 of the Revised Code.
(C)
								 Each eligible investor intending to claim the
			 nonrefundable investment credit must maintain, among other things, complete and
			 accurate records to establish the time of investment and amount of their
			 qualifying investment in a small business enterprise. This documentation could
			 include:
(1)
									
			 Records establishing an equity interest such as stock certificates, membership
			 certificates, partnership agreements, corporate minutes, documentation of the
			 entity's ownership structure immediately before and immediately after the
			 investment, or other legal documents;
(2)
									 Records
			 establishing the date and amount of the investment such as cancelled checks,
			 wire transfer authorization, journal entries of the small business enterprise,
			 or the equity accounts of the small business enterprise.
Ohio Administrative Code › Title 122:24 - InvestOhio Program › Chapter 122:24-1 - General Provisions › Section 122:24-1-12 - Signature; trade secrets; redactions

Current through all regulations passed and filed through July 1, 2024
(A)
								 The
			 registration, validation of the investment of money, and validation of the
			 allowed expenditures submitted by a eligible investor or small business
			 enterprise pursuant to the rules set forth in Chapter 122:24-1 of the
			 Administrative Code shall include an attestation that the document has been
			 completed by an authorized representative of the entity required to complete
			 the document or form that the information contained in the application or
			 report is true, correct, and complete.
(B)
								 Either an
			 eligible investor or a small business enterprise may apply for the small
			 business investment certificate described in division (B) of section
			  122.86 
			 of the Revised Code. At that time, the party that does apply will be required
			 to certify that to the best of their knowledge all of the information contained
			 in the request is a truthful and accurate representation of the qualifying
			 investment.
(C)
								 Information that qualifies as a trade secret under
			 Ohio law may be exempt from release as a public record pursuant to section
			  122.36 
			 of the Revised Code. State law generally requires that documents containing
			 both trade secret information and non-confidential information be disclosed
			 with trade secret information redacted. To assist the director in identifying
			 trade secret information submitted to the director as part of an application
			 for certification or otherwise in connection with the certification of a
			 qualified energy project, the applicant should mark trade secret information by
			 placing an asterisk before and after each line containing trade secret
			 information and underlining the information considered to be a trade
			 secret.
Effective:
				3/29/2012
R.C.
				119.032 review dates:
				03/29/2017
Promulgated
				Under:
				119.03
Statutory Authority:
				122.86(F)
Rule Amplifies:
				122.86,
				5747.81
Prior Effective Dates: 11/8/2011 (Emer)
Ohio Administrative Code › Title 122:24 - InvestOhio Program › Chapter 122:24-1 - General Provisions › Section 122:24-1-13 - Delegation of functions

Current through all regulations passed and filed through July 1, 2024
Except as provided in this rule, each and any of the powers and
				duties of the director under this chapter may be performed by the assistant
				director of development or such other officers and employees of the
				development services agency as may be designated in
				writing by the director or such assistant director. Any such designation under
				this chapter shall continue to be effective unless and until it is terminated
				or superseded in writing, notwithstanding any succession in the office of
				director or assistant director. Any reference in this chapter to the director
				includes the assistant director or such other designated officers or
				employees.
Ohio Administrative Code › Title 122:24 - InvestOhio Program › Chapter 122:24-1 - General Provisions › Section 122:24-1-14 - Severability

Current through all regulations passed and filed through July 1, 2024
If any clause, provision or application
				of any of the rules in Chapter 122:24-1 of the Administrative Code is
				determined to be invalid or unenforceable, such determination shall not affect
				the remainder of such rule, other application of the rule, or application of
				other rules of this chapter, which shall be applied as if the invalid or
				unenforceable portion, application or references to the invalid or
				unenforceable portion did not exist.
Effective:
				3/29/2012
R.C.
				119.032 review dates:
				03/29/2017
Promulgated
				Under:
				119.03
Statutory Authority:
				122.86(F)
Rule Amplifies:
				122.86,
				5747.81
Prior Effective Dates: 11/8/2011 (Emer)
Ohio Administrative Code › Title 122:28 › Chapter 122:28-1 › Section 122:28-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in rules 122:28-1-02 to
				122:28-1-05 of the Administrative Code:
(A)
								"Authority" means
			 the tax credit authority.
(B)
								"Capital lease" and "operating lease" are to be
			 construed in accordance with generally accepted accounting principles, and a
			 capital lease is included in the capital investment project as defined in
			 section 122.175 of the Revised
			 Code.
(C)
								"Director" means the director of the Ohio development
			 services agency.
(D)
								"Exempt property" means tangible personal property used
			 to construct and finally incorporated in the computer data center or to conduct
			 the computer data center business and placed or installed at the computer data
			 center.
(E)
								"Grantees" means, collectively, the original grantee
			 and/or the supplemental grantee.
(F)
								"Original
			 grantee" means the computer data center business or businesses leading the
			 capital investment project.
(G)
								"Statutory
			 minimums" means the statutory minimum of one million, five hundred thousand
			 dollars annual payroll in accordance with division (A)(5))(b) of section
			 122.175 of the Revised Code and
			 one hundred million dollars of capital investment in the project as set forth
			 in division (A)(5)(a) of section
			 122.175 of the Revised
			 Code.
(H)
								"Supplemental grantee" means a tenant or other
			 co-location participant in the original grantee's computer data center business
			 that elects to become a party to the tax exemption agreement under division (M)
			 of section 122.175 of the Revised Code and
			 is approved by the authority. Supplemental grantees may provide computer data
			 center business services to themselves or to third parties.
(I)
								"Tax
			 Commissioner" means the tax commissioner of the Ohio department of
			 taxation.
Ohio Administrative Code › Title 122:28 › Chapter 122:28-1 › Section 122:28-1-02 - Computer data center equipment

Current through all regulations passed and filed through July 1, 2024
Exempt equipment includes all tangible
				personal property incorporated into the computer data center or used primarily
				to conduct computer data center business for the original grantee or the
				supplemental grantee, including, but not limited to:
(A)
								Any building or
			 construction materials incorporated into the computer data center, or building
			 and construction materials sold to construction contractors for incorporation
			 into a computer data center, including building materials, infrastructure,
			 machinery, wiring, cabling and equipment that otherwise may be considered
			 business fixtures, but does not include tools and equipment that is considered
			 to be consumed by the contractor. Examples of tools and equipment used by
			 contractors that are not incorporated into the computer data center, include,
			 but are not limited to, hammers, nail guns, bulldozers and cranes (without
			 operators supplied), job trailers, portable toilets, air compressors,
			 generators, scaffolding and vehicles;
(B)
								Any tangible
			 personal property generating, transforming, transmitting, distributing, or
			 managing electricity to operate the computer data center
			 business.
(C)
								Any computers, servers, routers, switches, peripheral
			 computer devices, racks, shelving, cabling, wiring, storage batteries, back-up
			 generators, uninterrupted power supply units, environmental control equipment,
			 other redundant power supply equipment, and prewritten computer software used
			 in operating, managing, or maintaining the computer data center business of the
			 original grantee or the supplemental grantee; and
(D)
								Any other
			 tangible personal property used to conduct the computer data center business,
			 such as video monitors and security systems used to directly monitor the
			 computer data center or computer data center equipment, tools consumed by the
			 original or supplemental grantee for installation or repair of computer data
			 center equipment, and similar tangible personal property used for the operation
			 of a computer data center business, but does not include tangible personal
			 property not part of the computer data center business even if located at the
			 computer data center, including, but not limited to, exercise equipment,
			 prewritten computer software used for purposes other than to conduct a computer
			 data center business such as accounting, payroll or human resources, general
			 office supplies, office furniture, janitorial supplies or equipment for
			 business operations other than the computer data center
			 business.
Ohio Administrative Code › Title 122:28 › Chapter 122:28-1 › Section 122:28-1-03 - Reporting

Current through all regulations passed and filed through July 1, 2024
In the matter of divisions (E)(5) and
				(I) of section 122.175 of the Revised
				Code:
(A)
								Annual reporting to the director
(1)
									Original grantee
			 will submit to the director an annual report indicating:
(a)
										the total new
			 payroll of grantees at the project site for the preceding calendar
			 year;
(b)
										the number of new full-time equivalent employees at the
			 project site;
(c)
										whether the total payments for a capital investment
			 project made by grantees at the project site meets or exceeds the statutory
			 minimums or such higher amount agreed to by the director and original grantee;
			 and
(d)
										any other information the director reasonably requests
			 in writing at least sixty days before the due date for such annual report,
			 which the director reasonably deems necessary.
Ohio Administrative Code › Title 122:28 › Chapter 122:28-1 › Section 122:28-1-04 - Remedies

Current through all regulations passed and filed through July 1, 2024
In the matter of divisions (G) and (J)
				of section 122.175 of the Revised
				Code:
(A)
								Grantees are to satisfy the statutory minimums. If
			 grantees fail to timely meet the statutory minimums, the authority may
			 terminate the data center tax exemption agreement and grantor will not issue
			 tax exemption certificates to the original grantee or any supplemental grantee.
			 The authority may also have the grantees refund the state an amount equal to
			 all or a portion of the exemption claimed.
(B)
								The grantees are
			 noncompliant with the data center tax exemption if grantees have timely met the
			 statutory minimums but subsequently during the term of the tax exemption
			 agreement failed to meet the agreement metrics, including:
(1)
									maintaining
			 operations as an eligible computer data center;
(2)
									meeting the
			 identified investment target; or
(3)
									meeting
			 employment and payroll obligations (e.g., create and retain full-time
			 equivalent employees and new payroll targets). In the event of such
			 noncompliance, the director will notify the grantees and the tax credit
			 authority. The grantees will have the opportunity to explain the noncompliance,
			 and the authority may reduce the rate or term of the data center tax exemption
			 for the current year and future years or terminate the exemption. The authority
			 may consider the effect of market conditions on the eligible computer data
			 center, whether the grantee continues to maintain other operations in this
			 state, and, with respect to agreements involving multiple grantees, the
			 specific grantee's level of responsibility for the
			 noncompliance.
Ohio Administrative Code › Title 122:29 › Chapter 122:29-1 › Section 122:29-1-02 - Eligibility

Current through all regulations passed and filed through July 1, 2024
(A)
								An eligible applicant may be a property owner at the
			 time the application is submitted and the project is certified by the tax
			 credit authority, or an insurance company that contributes capital to be used
			 in the project, as defined in division (A) of section
			 122.09
			 of the Revised Code. If there are multiple property owners within a project,
			 only the property owners included in an application are eligible applicants and
			 only the portions of a project associated with an eligible applicant or
			 insurance company contributing capital are included for consideration as part
			 of a project.
(B)
								The project is either a transformational mixed use
			 development or one or more phased portions of a transformational mixed use
			 development as defined in division (A)(3) of section
			 122.09
			 of the Revised Code. If applying for more than one phase, each phase is to be
			 either contiguous to one another or contiguous to a previously developed
			 portion of the transformational mixed use development, so long as the
			 previously developed phase and the project phases in the application are
			 developed in continuous chronological order.
(C)
								Both (1) the tax
			 credit is a major factor in the completion of the project and (2) the project
			 will not be completed unless the applicant receives the tax credit, each as
			 demonstrated by the applicant to the authority through evidence acceptable to
			 the authority.
(D)
								The project integrates a combination of:
(1)
									Any two or more
			 of retail, office, residential, recreation, and other similar mixed uses;
			 or
(2)
									Structured parking and any two or more of retail,
			 office, residential, recreation, and other similar mixed uses.
Ohio Administrative Code › Title 122:29 › Chapter 122:29-1 › Section 122:29-1-03 - Application and certification

Current through all regulations passed and filed through July 1, 2024
(A)
								The director will
			 provide the form of application for certification of a transformational mixed
			 use development and preliminary approval of a tax credit, developed in
			 consultation with the authority, on its website prior to the opening of each
			 application period.
(1)
									The authority and the director will develop scoring
			 criteria, scoring instruments, and materials for use by the director in
			 reviewing applications under the program. The scoring criteria, instruments and
			 materials are to be consistent with the factors set forth in section
			 122.09
			 of the Revised Code.
(2)
									The application will include instructions and minimum
			 requirements to satisfy the criteria of the development plan set forth in
			 division (B) of section
			 122.09
			 of the Revised Code and other criteria as may be requested by the director and
			 the authority in order to evaluate the potential impact of the transformational
			 mixed use development.
(3)
									The director will use the scoring criteria and
			 procedures specified in the application to review and recommend projects for
			 certification to the authority.
Ohio Administrative Code › Title 122:29 › Chapter 122:29-1 › Section 122:29-1-04 - Agreements and amendments

Current through all regulations passed and filed through July 1, 2024
(A)
								Following
			 approval and certification of an application in order to be eligible to receive
			 a credit, all applicants will enter into a grant agreement with the authority
			 setting forth the terms and conditions, in accordance with section
			 122.09
			 of the Revised Code and Chapter 122-29 of the Administrative Code. Any
			 applicant identified in the application who does not execute the agreement is
			 not eligible for receiving the approved and certified tax
			 credit.
(B)
								The agreement will incorporate the development plan and
			 application materials and will set the potential total amount of tax credit and
			 proportion of the total tax credit allocated to each property owner, if more
			 than one property owner is included in the application as approved and
			 certified by the authority.
(C)
								The agreement may
			 be amended prior to the completion date to reflect changes in property owners,
			 the timeline for completion, or changes in financing. The authority will not
			 consider any requests to amend the scope of the project or end uses as
			 described in the development plan and application materials.
Ohio Administrative Code › Title 122:29 › Chapter 122:29-1 › Section 122:29-1-05 - Transformational mixed use development tax credit

Current through all regulations passed and filed through July 1, 2024
(A)
								The tax credit
			 certificate will be in the form determined by the director and as approved by
			 the director of insurance.
(B)
								The amount of the
			 tax credit certificate is to be as calculated by the authority under either
			 division (H) or (I) of section
			 122.09
			 of the Revised Code, as applicable.
(C)
								In determining
			 the increase in tax collections under division (G) of section
			 122.09
			 of the Revised Code for a calculation under division (H) of section
			 122.09
			 of the Revised Code, the authority, with the information provided by the tax
			 commissioner and applicable municipal tax administrators will consider the
			 following taxes, levies, and charges, as each may be recognized by the tax
			 commissioner and municipal tax administrators from the project and within the
			 surrounding area:
(1)
									Those collected under Chapter 718. of the Revised
			 Code;
(2)
									Those collected under Chapter 5705. of the Revised
			 Code;
(3)
									Those collected under Chapter 5739. of the Revised
			 Code, including section
			 5739.09;
(4)
									Those collected
			 under Chapter 5741. of the Revised Code; and
(5)
									Those collected
			 under Chapter 5747. of the Revised Code.
Increase in tax collections also
				includes any amounts collected by a municipal or county tax administrator
				within the surrounding area by an alternative method than the preceding named
				chapters of the Revised Code such as tax increment financing agreements,
				payments in lieu of taxes, and new community authority development
				charges.
Ohio Administrative Code › Title 122:29 › Chapter 122:29-1 › Section 122:29-1-06 - Reporting

Current through all regulations passed and filed through July 1, 2024
(A)
								Start of construction report. Within twelve months of
			 the date a project is certified by the authority, the property owner will
			 provide the director with a start of construction report that includes the
			 following:
(1)
									An updated schedule for the progression and completion of
			 the project;
(2)
									Documentation sufficient to demonstrate that
			 construction of the project has begun;
(3)
									Any additional
			 information requested by the director.
Ohio Administrative Code › Title 122:29 › Chapter 122:29-1 › Section 122:29-1-07 - Rescission of tax credit certification

Current through all regulations passed and filed through July 1, 2024
(A)
								If the owner does
			 not timely provide the start of construction report as required by paragraph
			 (A) of rule 122:29-1-06 of the Administrative Code, the authority will provide
			 notice to the owner of such failure and the authority is to rescind
			 certification of the project at its next schedule meeting.
(B)
								In addition to
			 paragraph (A) of this rule, the tax credit authority may rescind the tax credit
			 certification if:
(1)
									The owner fails to timely provide a construction
			 progress report and does not cure such failure within thirty days of written
			 notice from the director;
(2)
									The authority reasonably determines, based on the
			 construction progress report and recommendation from the director, that the
			 project has failed to make sufficient progress towards completion in
			 consideration of the schedule provided by the owner;
(3)
									The authority
			 reasonably determines that the owner has abandoned the project of the owner
			 informs the authority it has abandoned the project; or
(4)
									The owner or
			 applicant is found by the authority to have provided false information to the
			 director, the authority or any other entity of the state of Ohio in any way
			 connected to the approval and certification of the project or determination of
			 any amount of tax credit to the owner or applicant under Chapter 122. of the
			 Revised Code.
Ohio Administrative Code › Title 122:29 › Chapter 122:29-1 › Section 122:29-1-08 - Fees

Current through all regulations passed and filed through July 1, 2024
(A)
								Application fee. A non-refundable application fee of
			 twenty-five hundred dollars is due at the time of application submission. Any
			 submitted application that does not include an application fee payment is
			 ineligible for consideration by the authority.
(B)
								Fees submitted
			 for an application submission will be credited by the director to the tax
			 incentives operating fund created under section
			 122.174
			 of the Revised Code and will be used by the director to administer section
			 122.09
			 of the Revised Code.
Ohio Administrative Code › Title 122:30 › Chapter 122:30-1 › Section 122:30-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in Chapter 122:30-1 of the
				Administrative Code:
(A)
								"Applicant" is a broadband provider that submits an
			 application to development during an application period. Only broadband
			 providers are eligible to apply for the program.
(B)
								"Directly
			 Adjacent" means operating in a contiguous census block to all or a part of the
			 residential addresses contained in the application.
(C)
								"Application
			 period" has the meaning given to it in paragraph (A) of rule 122:30-1-03 of the
			 Administrative Code.
(D)
								"Authority" means the broadband expansion authority
			 established by section 122.403 of the Revised Code.
(E)
								"Development"
			 means the department of development, or any successor agency.
(F)
								"Director" means
			 the director of development.
(G)
								"Broadband
			 provider" has the same meaning as division (C) of section
			 122.40
			 of the Revised Code.
(H)
								"Certified mail" means a commercial mail service,
			 including the United States postal service, that provides proof of mailing via
			 a receipt to the sender.
(I)
								"Commencement of construction" includes the acquisition
			 of existing physical assets inside a right of way, physical preparation of an
			 installation site, and installation of last mile broadband infrastructure
			 components. Commencement of construction does not include planning of last mile
			 infrastructure, securing of permits, or acquisition of rights of
			 way.
(J)
								"Complete application" means either:
(1)
									an application
			 timely submitted within an application period containing all required
			 information and documentation; or
(2)
									A resubmitted
			 application containing all required information and documentation that had been
			 previously determined incomplete by development, timely submitted within an
			 application period, or within an extension period of no more than fourteen days
			 granted by development for good cause shown under division (E)(2) of section
			 122.4019 of the Revised Code.
Ohio Administrative Code › Title 122:30 › Chapter 122:30-1 › Section 122:30-1-02 - Application

Current through all regulations passed and filed through July 1, 2024
(A)
								The director will make an application for the program
			 available on the program website in a form determined by the director. The
			 application will include the minimum information required by division (A)(1) to
			 division (A)(17) of section 122.4020 of the Revised Code and any additional
			 information included in the application form by development as published on the
			 program website at least thirty days prior to the beginning of an application
			 period. In addition, the application will request the applicant to provide the
			 following information:
(1)
									Identifying applicant information, including applicant
			 name, authorized representative name, federal employer identification number,
			 project contact name, and email address to contact the company;
(2)
									Sufficient
			 evidence that shows the residential addresses in the application are
			 eligible;
(3)
									Total project cost;
(4)
									Whether the
			 project uses state infrastructure;
(5)
									Whether the
			 project leverages existing infrastructure within the project
			 area;
(6)
									Whether the project leverages existing infrastructure
			 adjacent to the project area;
(7)
									Letters of
			 support;
(8)
									Whether the project is located partially or entirely
			 within a distressed area;
(9)
									Whether the project is located partially or entirely
			 within an opportunity zone; and
(10)
									Other
			 information determined by the director.
Ohio Administrative Code › Title 122:30 › Chapter 122:30-1 › Section 122:30-1-03 - Application and award procedure

Current through all regulations passed and filed through July 1, 2024
(A)
								Application
			 period. Each fiscal year for which funds are allocated for the program there
			 will be a minimum of one but no more than two application periods in accordance
			 with division (B) of section 122.4019 of the Revised Code. The authority will
			 set the number of days each application period will remain open. No late
			 applications will be accepted by development except for good cause or due to
			 state of Ohio network error.
(1)
									For each fiscal year, the application period will begin
			 on the date, or dates if the authority determines there will be two application
			 periods in a fiscal year, determined by the authority.
(2)
									The director will
			 post application materials and the scoring criteria developed by the authority
			 on the program website at least thirty days prior to each application period
			 and provide notification of each application period through the automated
			 notification process established by section 122.4024 of the Revised Code prior
			 to the opening of each application period.
Ohio Administrative Code › Title 122:30 › Chapter 122:30-1 › Section 122:30-1-04 - Challenges

Current through all regulations passed and filed through July 1, 2024
A challenging provider may submit a
				challenge only after a complete application is posted on the program website by
				development but no later than sixty-five days after the close of an application
				period, or for an extended period as may be granted by the director. The
				director may only grant a challenging provider an extended period to submit a
				challenge to an application for good cause and no extended period may be longer
				than fourteen days.
(A)
								Only a challenging provider as defined by division (A)
			 of section 122.4030 of the Revised Code may submit a challenge.
(1)
									A challenging
			 provider that is not a municipal electric utility must provide evidence
			 satisfactory to the director that:
(a)
										It is providing service to the residential addresses
			 contained within the application; or
(b)
										It is providing
			 service in the area directly adjacent to the residential addresses contained
			 within the application and plans to complete construction of tier two service
			 to the residential addresses within two years of the authority agreeing to
			 suspend an application.
Ohio Administrative Code › Title 122:30 › Chapter 122:30-1 › Section 122:30-1-05 - Grant agreement; changes to projects; reporting

Current through all regulations passed and filed through July 1, 2024
(A)
								Each applicant
			 awarded program funds by the authority in a fiscal year will enter into a grant
			 agreement with the authority setting forth the terms and the conditions of the
			 program grant. In addition to the grant agreement, the authority may require a
			 performance bond, letter of credit, or other financial assurance if the
			 authority determines the completion of the project requires additional security
			 based on its assessment of the complete application. The authority may rescind
			 an award of funds to a broadband provider for failure to execute a program
			 grant agreement within ninety days of the determination of the authority to
			 approve the provider's complete application.
(B)
								The grant
			 agreement will incorporate the eligible project as set forth in the applicant's
			 complete application. Expansion to the scope of a project by a broadband
			 provider from what was included in its complete application is only eligible
			 for additional funding if submitted as a new project in a future application
			 period. The applicant may not change the scope of the project to reduce the
			 residential addresses served or type or speed of service to be
			 provided.
(C)
								Development will set forth in the grant agreement
			 conditions for disbursement of grant funds and amounts to be disbursed at
			 completion of each condition. In accordance with section 122.4045 of the
			 Revised Code, development will set forth the amount of disbursement of grant
			 funds within the following parameters:
(1)
									A portion of
			 grant funds not to exceed thirty per cent of total grant funds awarded for the
			 project will be disbursed prior to the commencement of project
			 construction.
(2)
									A portion of grant funds not to exceed sixty per cent
			 of total grant funds awarded to the project will be disbursed by periodic
			 payments, to be based on measurable project construction progression milestones
			 prior to project completion as determined by development from the application
			 materials. Development will include the progress reporting required to be
			 submitted to development for the applicant to receive a periodic disbursement
			 in the program grant agreement.
(3)
									At least ten per
			 cent of grant funds will be disbursed upon proof of project completion by
			 submission of a project completion report to the authority within sixty days of
			 project completion. A project is considered complete when the grantee is able
			 to provide service to the approved addresses without extraordinary cost or time
			 to the end user.
Ohio Administrative Code › Title 122:30 › Chapter 122:30-1 › Section 122:30-1-07 - Review for public record information

Current through all regulations passed and filed through July 1, 2024
Development will review all submitted
				information in an application, challenge to an application, or program grant
				report for proprietary or trade secret information or information that is
				otherwise exempt from disclosure as a public record under the Revised Code.
				Trade secret and proprietary information has the same meaning as the term trade
				secret in division (D) of section
				1333.61
				of the Revised Code. The broadband provider is to conspicuously identify
				information as a trade secret or proprietary information. If a broadband
				provider fails to conspicuously identify information as trade secret or
				proprietary to development when submitted it may be public record information
				unless an exemption under the Revised Code otherwise applies. Development will
				not publish or otherwise distribute information it determines to be exempt from
				disclosure as a public record except as provided by law.
(A)
								Development will
			 complete its review of all submitted information in applications submitted
			 during an application period within thirty-five days of the close of each
			 application period.
(B)
								Development will complete its review of all submitted
			 information in revised applications submitted in response to partially or
			 wholly suspended applications under an upheld challenge within fourteen days of
			 the receipt of the revised application.
(C)
								All other
			 information submitted to development will be reviewed for proprietary or trade
			 secret information prior to all required public information being posted on the
			 program website as may be required under Chapter 122. of the Revised
			 Code.
Ohio Administrative Code › Title 122:30 › Chapter 122:30-1 › Section 122:30-1-08 - Broadband expansion program authority

Current through all regulations passed and filed through July 1, 2024
(A)
								The authority
			 will adopt bylaws for the conduct of its meetings, procedures for notice for
			 and conduct of public hearings required by section 122.408 of the Revised Code,
			 and other activities of the authority required by section 122.407 of the
			 Revised Code or as it deems necessary to fulfill its responsibilities under
			 Chapter 122. of the Revised Code.
(B)
								The authority
			 will hold a regular meeting quarterly. Development will provide notice of the
			 time and place of each regular meeting at least forty-eight hours prior to the
			 meeting. The authority may hold special meetings, in its discretion, if it
			 provides notice of the time, place and purpose of such meeting at least
			 twenty-four hours prior to the meeting to the news media that have requested
			 notification from development in accordance with section
			 121.22
			 of the Revised Code.
Ohio Administrative Code › Title 122:30 › Chapter 122:30-1 › Section 122:30-1-09 - Request by county commissioners for solicitation of applications

Current through all regulations passed and filed through July 1, 2024
(A)
								Development will make available on the program website
			 an application and instructions for county commissioners to request development
			 to solicit applications for the program on the county commissioner's behalf for
			 eligible projects in the municipal corporations and townships of a
			 county.
At minimum, an application for
				solicitation of applications from county commissioners requires submission of a
				duly adopted resolution to solicit applications for eligible projects and
				identification of the residential addresses in unserved or tier one areas of
				the county.
(B)
								Development will solicit applications on behalf of a
			 board of county commissioners by publishing the relevant information and
			 unserved or underserved addresses on the program website. Development will
			 maintain a solicitation on its website for the lesser of two application
			 periods or two years from the date the solicitation is
			 published.
(C)
								Development may include response to a solicitation for
			 applications as a secondary weighted scoring criterion for the scoring of
			 applications by the authority, in its discretion under division (B) of section
			 122.4041 of the Revised Code.
Ohio Administrative Code › Title 122:31 › Chapter 122:31-1 › Section 122:31-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								"Brownfield"
			 means the definition listed in section
			 122.65
			 of the Revised Code.
(B)
								"Development" means the department of development, or
			 any successor agency.
(C)
								"Director" means the director of
			 development.
(D)
								"Program" means the brownfield remediation program as
			 defined by section
			 122.6511
			 of the Revised Code.
(E)
								"Program guidelines" means the program guidelines
			 created by development to supplement division 122:31 of the Administrative Code
			 and support the administration of the brownfield remediation program. The
			 current program guidelines can be found on
www.development.ohio.gov/brownfield
.
(F)
								"Remediation" means the definition listed in section
			 122.65
			 of the Revised Code.
Ohio Administrative Code › Title 122:31 › Chapter 122:31-1 › Section 122:31-1-02 - Eligible properties

Current through all regulations passed and filed through July 1, 2024
(A)
								Eligible
			 properties are those that meet the definition of a "Brownfield" as defined in
			 section
			 122.65
			 of the Revised Code.
(B)
								Further property eligibility conditions can be found in
			 the program guidelines.
Ohio Administrative Code › Title 122:31 › Chapter 122:31-1 › Section 122:31-1-03 - Eligible applicant

Current through all regulations passed and filed through July 1, 2024
(A)
								An eligible
			 applicant is a county, township, municipal corporation, port authority, or
			 conservancy district or a park district, or other similar park authority. These
			 entities are collectively referred to as "units of local government." Other
			 eligible applicants include a county land reutilization corporation, nonprofit
			 organization, or organization for profit. These additional entities need to
			 enter into an agreement with a unit of local government to work in conjunction
			 on the project for the purposes of this program. A copy of the agreement has to
			 be provided within the application.
(B)
								The eligible
			 applicant will designate a sole point of contact for the
			 project.
(C)
								The eligible applicant will comply with any other
			 criteria the director determines is necessary.
(D)
								Entities that
			 caused or contributed to the contamination at the property are not an eligible
			 partner or applicant.
Ohio Administrative Code › Title 122:31 › Chapter 122:31-1 › Section 122:31-1-04 - Application

Current through all regulations passed and filed through July 1, 2024
(A)
								An eligible
			 applicant will submit a timely application that complies with the program
			 guidelines which are available online at
www.development.ohio.gov/brownfield
.
(B)
								Applications for the brownfield remediation program may
			 be submitted for a site located in any county in the state of Ohio.
Ohio Administrative Code › Title 122:31 › Chapter 122:31-1 › Section 122:31-1-05 - Grant agreement

Current through all regulations passed and filed through July 1, 2024
(A)
								An eligible
			 applicant awarded grant funds will enter into a brownfield remediation program
			 grant agreement with the director. Failure of the eligible applicant to execute
			 and deliver the grant agreement in the form and substance satisfactory to the
			 director may result in cancellation of the award.
(B)
								Among other
			 things, the grant agreement will authorize development to terminate the
			 agreement and request a repayment of all or a portion of the grant moneys
			 disbursed to the grantee if the director determines that the grantee is not in
			 compliance with the terms of the grant agreement.
(C)
								Prior to making
			 any changes to an approved brownfield remediation program project, the grantee
			 needs to request and receive written approval from development for the proposed
			 change.
Ohio Administrative Code › Title 122:32 › Chapter 122:32-1 › Section 122:32-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
(A)
								"Brownfield"
			 means the definition listed in section
			 122.65
			 of the Revised Code.
(B)
								"Development" means the department of development, or
			 any successor agency.
(C)
								"Director" means the director of
			 development.
(D)
								"Lead Entity" means the award recipient and the
			 responsible party with whom development will execute a grant agreement for the
			 grant funds. Further lead entity requirements are listed in the program
			 guidelines.
(E)
								"Program" means the building demolition and site
			 revitalization program as defined by section
			 122.6512
			 of the Revised Code.
(F)
								"Program guidelines" means the program guidelines
			 created by development to supplement division 122:32 of the Administrative Code
			 and support the administration of the building demolition and site
			 revitalization program. The current program guidelines can be found on
www.development.ohio.gov/demolition
.
Ohio Administrative Code › Title 122:32 › Chapter 122:32-1 › Section 122:32-1-02 - Eligible properties

Current through all regulations passed and filed through July 1, 2024
Eligible properties are commercial and residential buildings
			 and include revitalization of surrounding properties on sites that are not
			 brownfields.
(A)
									Commercial buildings are those that were used for
			 retail, office, manufacturing, industrial, industrial warehousing,
			 institutional, or other non-residential or mixed-use (meaning any mix of these
			 uses or a mix of residential and commercial uses) purposes.
(B)
									Residential
			 properties refer to a structure that is on land zoned for residential use; is
			 being used as a residential dwelling; had been used as a residential dwelling;
			 or is connected to any structure that is currently used or has previously been
			 properly used as a mixed-use residential dwelling.
Ohio Administrative Code › Title 122:32 › Chapter 122:32-1 › Section 122:32-1-03 - Eligible applicant

Current through all regulations passed and filed through July 1, 2024
(A)
								An application
			 will identify one eligible applicant. The eligible applicant will be the lead
			 entity and needs to be authorized to apply on behalf of the site
			 owner(s).
(B)
								The eligible applicant will designate a sole point of
			 contact for the project.
(C)
								The eligible applicant will comply with any other
			 criteria the director determines is necessary.
Ohio Administrative Code › Title 122:32 › Chapter 122:32-1 › Section 122:32-1-04 - Application

Current through all regulations passed and filed through July 1, 2024
(A)
								An eligible
			 applicant will submit a timely application that complies with the program
			 guidelines which are available online at
www.development.ohio.gov/demolition
.
(B)
								Applications for the building demolition and site
			 revitalization program may be submitted for a site located in any county in the
			 state of Ohio.