Ohio Administrative Code|Rule 122:23-1-02 | Application and certification.

                                                

(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.

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