Effective: March 27, 2020
Latest Legislation: House Bill 197 - 133rd General Assembly
(A) As used in this section:
(1) "Alternative fuel" has the same meaning as in section 125.831 of the Revised Code.
(2) "Biodiesel" means a mono-alkyl ester combustible liquid fuel that is derived from vegetable oils or animal fats, or any combination of those reagents, and that meets American society for testing and materials specification D6751-03a for biodiesel fuel (B100) blend stock distillate fuels.
(3) "Diesel fuel" and "gasoline" have the same meanings as in section 5735.01 of the Revised Code.
(4) "Ethanol" means fermentation ethyl alcohol derived from agricultural products, including potatoes, cereal, grains, cheese whey, and sugar beets; forest products; or other renewable resources, including residue and waste generated from the production, processing, and marketing of agricultural products, forest products, and other renewable resources that meet all of the specifications in the American society for testing and materials (ASTM) specification D 4806-88 and is denatured as specified in Parts 20 and 21 of Title 27 of the Code of Federal Regulations.
(5) "Blended biodiesel" means diesel fuel containing at least twenty per cent biodiesel by volume.
(6) "Blended gasoline" means gasoline containing at least eighty-five per cent ethanol by volume.
(7) "Incremental cost" means either of the following:
(a) The difference in cost between blended gasoline and gasoline containing ten per cent or less ethanol at the time that the blended gasoline is purchased;
(b) The difference in cost between blended biodiesel and diesel fuel containing two per cent or less biodiesel at the time that the blended biodiesel is purchased.
(B) For the purpose of improving the air quality in this state, the director of development services shall establish an alternative fuel transportation program under which the director may make grants and loans to businesses, nonprofit organizations, public school systems, or local governments for the purchase and installation of alternative fuel refueling or distribution facilities and terminals, for the purchase and use of alternative fuel, to pay the cost of fleet conversion, and to pay the costs of educational and promotional materials and activities intended for prospective alternative fuel consumers, fuel marketers, and others in order to increase the availability and use of alternative fuel.
(C) The director, in consultation with the director of agriculture, shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary for the administration of the alternative fuel transportation program. The rules shall establish at least all of the following:
(1) An application form and procedures governing the application process for receiving funds under the program;
(2) A procedure for prioritizing the award of grants and loans under the program. The procedures shall give preference to all of the following:
(a) Publicly accessible refueling facilities;
(b) Entities applying to the program that have secured funding from other sources, including, but not limited to, private or federal incentives;
(c) Entities that have presented compelling evidence of demand in the market in which the facilities or terminals will be located;
(d) Entities that have committed to utilizing purchased or installed facilities or terminals for the greatest number of years;
(e) Entities that will be purchasing or installing facilities or terminals for any type of alternative fuel.
(3) A requirement that the maximum incentive for the purchase and installation of an alternative fuel refueling or distribution facility or terminal be eighty per cent of the cost of the facility or terminal, except that at least twenty per cent of the total cost of the facility or terminal shall be incurred by the recipient and not compensated for by any other source;
(4) A requirement that the maximum incentive for the purchase of alternative fuel be eighty per cent of the cost of the fuel or, in the case of blended biodiesel or blended gasoline, eighty per cent of the incremental cost of the blended biodiesel or blended gasoline;
(5) Any other criteria, procedures, or guidelines that the director determines are necessary to administer the program, including fees, charges, interest rates, and payment schedules.
(D) An applicant for a grant or loan under this section that sells motor vehicle fuel at retail shall agree that if the applicant receives funding, the applicant will report to the director the gallon or gallon equivalent amounts of alternative fuel the applicant sells at retail in this state for a period of three years after the project is completed.
The director shall enter into a written confidentiality agreement with the applicant regarding the gallon or gallon equivalent amounts sold as described in this division, and upon execution of the agreement this information is not a public record.
(E) There is hereby created in the state treasury the alternative fuel transportation fund. The fund shall consist of money transferred to the fund under division (B) of section 125.836 of the Revised Code, money that is appropriated to it by the general assembly, money as may be specified by the general assembly from the advanced energy fund created by section 4928.61 of the Revised Code, and all money received from the repayment of loans made from the fund or in the event of a default on any such loan. Money in the fund shall be used to make grants and loans under the alternative fuel transportation program and by the director in the administration of that program.
Structure Ohio Revised Code
Chapter 122 | Department of Development
Section 122.01 | Department of Development Definitions.
Section 122.011 | Department of Development Powers and Duties.
Section 122.012 | Regional State Agency for Jobs and Employment Opportunities.
Section 122.013 | Required Postings on Official Internet Site.
Section 122.014 | Financial Assistance for Gaming Activities.
Section 122.02 | Applying for Federal and Private Assistance and Contracts.
Section 122.03 | Duties of Department - Research Facilities.
Section 122.04 | Additional Duties.
Section 122.042 | Foundation of Employment Opportunity Program.
Section 122.05 | Offices in Foreign Countries.
Section 122.051 | International Trade Cooperative Projects Fund.
Section 122.06 | Planning Duties.
Section 122.07 | Office of Tourismohio.
Section 122.071 | Tourismohio Advisory Board.
Section 122.072 | Tourism Fund.
Section 122.073 | Promoting State of Ohio.
Section 122.075 | Alternative Fuel Transportation Grant Program.
Section 122.076 | Alternative Fuel Vehicle Conversion Program.
Section 122.077 | Energy Star Rebate Program.
Section 122.08 | Office of Small Business - Powers and Duties.
Section 122.081 | Small Business Register.
Section 122.082 | Low-Interest Loans to Small Businesses.
Section 122.083 | Shovel Ready Sites Program - Fund.
Section 122.085 | Job Ready Site Program - Definitions.
Section 122.086 | Job Ready Site Program.
Section 122.087 | Annual Competitive Process for Grants Under Program.
Section 122.088 | Annual Competitive Process Grant Application.
Section 122.089 | Grant Application Contents.
Section 122.0810 | Grant Application Evaluation - Prioritization - Notice of Deficiencies.
Section 122.0811 | Completeness of Application and Eligibility of Project.
Section 122.0812 | Discretionary Grants Outside Annual Competitive Process.
Section 122.0813 | Evaluation of Discretionary Grant Application.
Section 122.0814 | Approval of Grant - Agreement With Applicant.
Section 122.0815 | Project Requirements for Consideration for Grant.
Section 122.0816 | Project Priority Under Annual Competitive Process.
Section 122.0817 | Annual Program Report by Director.
Section 122.0819 | Allowance of Recovery of Committee Costs.
Section 122.0820 | Job Site Ready Development Fund.
Section 122.09 | Transformational Mixed Use Development Tax Credit.
Section 122.10 | Cooperation and Coordination With Other State Departments and Agencies.
Section 122.11 | Classified and Unclassified Employees.
Section 122.121 | Site Selection for Major Sporting Event.
Section 122.122 | Sports Event Grant Fund.
Section 122.131 | Employee Ownership Assistance Program.
Section 122.132 | Duties of Director of Development.
Section 122.133 | Boards to Assist Employee Ownership Assistance Program.
Section 122.134 | Feasibility Study.
Section 122.135 | Assistance in Studying Feasibility of Employee-Owned Corporation.
Section 122.136 | Annual Report.
Section 122.14 | Roadwork Development Fund.
Section 122.15 | Definitions for Sections 122.151 to 122.156.
Section 122.151 | Certification as a Rural Business Growth Fund.
Section 122.153 | Tax Credit Certificates; Recapture of Tax Credits.
Section 122.155 | State Reimbursement Amount.
Section 122.156 | Written Opinion.
Section 122.16 | Economic Redevelopment of Distressed Area.
Section 122.17 | Grants to Foster Job Creation.
Section 122.171 | Tax Credits to Foster Job Retention.
Section 122.172 | Manufacturing Equipment Grant Program.
Section 122.173 | Grant Against Tax for New Manufacturing Machinery Purchase.
Section 122.174 | Tax Incentives Operating Fund.
Section 122.176 | Grants for Employers That Move Into a Previously Vacant Facility.
Section 122.177 | Career Exploration Internship Program.
Section 122.178 | Techcred Program.
Section 122.179 | Industry Sector Partnerships.
Section 122.1710 | Individual Microcredential Assistance Program.
Section 122.1711 | Report to Legislature.
Section 122.18 | Annual Payments to Landlord for Projects Creating New Jobs.
Section 122.19 | Urban and Rural Initiative Grant Program Definitions.
Section 122.20 | Urban and Rural Initiative Grant Program.
Section 122.21 | Urban and Rural Initiative Grant Program Definitions.
Section 122.22 | Grant Eligibility.
Section 122.23 | Rural Industrial Park Loan Program Definitions.
Section 122.24 | Rural Industrial Park Loan Program.
Section 122.25 | Administration of Program - Park Use.
Section 122.26 | Rural Industrial Park Loan Fund.
Section 122.27 | Eligibility for Financial Assistance.
Section 122.28 | Industrial Technology and Enterprise Advisory Council Definitions.
Section 122.30 | Powers and Duties.
Section 122.31 | Payment Sources for Expenses and Obligations.
Section 122.32 | Accepting Using Contributions.
Section 122.33 | Administration of Programs.
Section 122.35 | Depositing Receipts.
Section 122.36 | Confidential Information.
Section 122.37 | Steel Futures Program.
Section 122.38 | Small Business Innovation Research Grant Program.
Section 122.39 | Definitions for r.c. 122.41 to 122.62.
Section 122.40 | Definitions for r.c. 122.40 to 122.4077 - Residential Broadband Expansion.
Section 122.401 | Residential Broadband Expansion Grant Program.
Section 122.403 | Broadband Expansion Program Authority.
Section 122.406 | Authority Consideration of Program Applications.
Section 122.407 | Authority Duties.
Section 122.408 | Authority Hearings.
Section 122.4010 | Authority Annual Report of Findings and Recommendations.
Section 122.4013 | Grant Applications by Broadband Providers.
Section 122.4015 | Grants Only for Eligible Projects.
Section 122.4016 | Ineligible Projects.
Section 122.4017 | Funds for Grants.
Section 122.4018 | Grants Limited by Available Funds.
Section 122.4019 | Application Submission.
Section 122.4020 | Application Requirements.
Section 122.4021 | Conditions for Grants.
Section 122.4023 | Proprietary or Trade Secret Evaluations.
Section 122.4024 | Notification of Published Applications.
Section 122.4025 | Video Service Provider Fees Contributed to Funding Gap.
Section 122.4030 | Application Challenges.
Section 122.4031 | Evidence Sufficient to Successfully Challenge.
Section 122.4033 | Authority Actions Regarding a Challenge.
Section 122.4034 | Revision, Resubmission of Successfully Challenged Applications.
Section 122.4035 | Review of Resubmitted Applications.
Section 122.4036 | Sanctions for Challenging Provider's Failure to Provide Service.
Section 122.4037 | Disposition of Sanction Amounts.
Section 122.4040 | Weighted Scoring System for Applications.
Section 122.4041 | Weighted Scoring System Priorities.
Section 122.4043 | Grant Awards.
Section 122.4044 | Grant Disbursement.
Section 122.4045 | Speed Verification Tests.
Section 122.4046 | Noncompliance With Requirements.
Section 122.4050 | County Request Application Solicitation.
Section 122.4051 | Solicitation on Behalf of County.
Section 122.4053 | Response Application Compliance.
Section 122.4055 | No Responsibility for Lack of Response.
Section 122.4060 | Grant Required for Eligible Project to Proceed.
Section 122.4061 | Financial Responsibility Before Project Completion.
Section 122.4063 | Ownership or Transfer of Broadband Infrastructure.
Section 122.4070 | Annual and Operational Reports.
Section 122.4071 | Report Contents and Public Availability.
Section 122.4073 | Due Date and Extensions for Reports.
Section 122.4075 | Reports, Documents Confidential.
Section 122.4076 | Annual Program Report by Authority.
Section 122.4077 | Residential Broadband Expansion Grant Rules.
Section 122.41 | Director's Powers and Duties Under Chapter 122.
Section 122.42 | Director's Powers and Duties Under r.c. 122.41 to 122.62.
Section 122.43 | Lending Funds.
Section 122.44 | Terms of Loans.
Section 122.45 | Loans to Political Subdivisions.
Section 122.451 | Insuring Mortgage Payments.
Section 122.47 | Issuing Bonds.
Section 122.48 | Issuing Revenue Bonds.
Section 122.49 | Using Bond Proceeds.
Section 122.50 | Bonds Not a Debt of State.
Section 122.51 | Bonds Are Lawful Investments.
Section 122.52 | Issuing Revenue Refunding Bonds.
Section 122.53 | Bonds Secured by Trust Agreements.
Section 122.54 | Direct Loan Program Fund.
Section 122.55 | Purchase Fund of the Director of Development.
Section 122.56 | Mortgage Guarantee Fund.
Section 122.561 | Mortgage Insurance Fund.
Section 122.57 | Distributing Income to Separate Sinking Funds.
Section 122.571 | Revenue Bond Guaranty Fund.
Section 122.58 | Investing Funds.
Section 122.59 | Proceedings in Default.
Section 122.60 | Capital Access Loan Program Definitions.
Section 122.601 | Capital Access Loan Program Fund.
Section 122.602 | Capital Access Loan Program.
Section 122.603 | Program Reserve Account.
Section 122.604 | Recovering Delinquent Loan Amount From Program Reserve Account.
Section 122.605 | Annual Report.
Section 122.61 | Tax Exemptions.
Section 122.62 | Keeping Funds in Depositories Selected by Director.
Section 122.63 | Housing Needs.
Section 122.64 | Business Services Division.
Section 122.641 | The Lakes in Economic Distress Revolving Loan Program.
Section 122.65 | Brownfield Revitalization Project Definitions.
Section 122.651 | Clean Ohio Council.
Section 122.652 | Grant or Loan for a Brownfield Cleanup or Remediation Project.
Section 122.653 | Application Approval.
Section 122.654 | Determining Compliance With Applicable Cleanup Standards.
Section 122.655 | No Further Action Letters.
Section 122.657 | Establishing Policies and Requirements.
Section 122.658 | Clean Ohio Revitalization Fund - Revolving Loan Fund.
Section 122.659 | Effect on Other Provisions.
Section 122.6510 | Brownfields Revolving Loan Fund.
Section 122.6511 | Brownfield Remediation Program.
Section 122.6512 | Building Demolition and Site Revitalization Program.
Section 122.66 | Office of Community Services Definitions.
Section 122.67 | Community Services Division.
Section 122.68 | Powers and Duties.
Section 122.681 | Confidentiality of Information.
Section 122.69 | Endorsement of Community Action Agency.
Section 122.70 | Board of Directors of Community Action Agency - Powers and Duties.
Section 122.701 | Designating New or Rescinding Former Designation.
Section 122.702 | Hearings on Use of Community Services Block Grant Funds.
Section 122.71 | Minority Development Financing Advisory Board Definitions.
Section 122.72 | Minority Development Financing Advisory Board.
Section 122.73 | Powers and Duties.
Section 122.74 | Director of Development - Powers and Duties.
Section 122.75 | Director of Development - Duties Regarding Minority Programs.
Section 122.751 | Certifying Loan Applicants.
Section 122.76 | Loan Criteria.
Section 122.77 | Loan Guarantees.
Section 122.78 | Terms, Conditions, and Provisions of Loans and Guarantees.
Section 122.79 | Tax Exemptions.
Section 122.80 | Minority Business Enterprise Loan Fund.
Section 122.81 | Default on Loan, Guarantee, or Lease.
Section 122.82 | Moneys, Funds, Properties, and Assets Held in Trust.
Section 122.83 | Prohibiting Misrepresentation.
Section 122.84 | Tax Credit for Investors in Multiple Qualified Opportunity Funds.
Section 122.85 | Tax Credit-Eligible Productions.
Section 122.851 | Certification as Ohio Venture Capital Operating Company.
Section 122.86 | Small Business Investment Certificate; Tax Credit.
Section 122.861 | Diesel Emissions Reduction Grant and Loan Programs.
Section 122.862 | Sellohio Global Initiative Fund.
Section 122.87 | Minority Business Bonding Program Definitions.
Section 122.89 | Executing Bonds as Surety.
Section 122.92 | Minority Business Development Division.
Section 122.93 | Accepting Gifts and Other Aid.
Section 122.94 | Rules - Annual Report.
Section 122.941 | Annual Report.
Section 122.942 | Project Information to Be Made Public.
Section 122.95 | Definitions - Industrial Site Improvement Fund Grants.
Section 122.951 | Grants From Industrial Site Improvement Fund.
Section 122.9511 | Siteohio Certification Program.
Section 122.9512 | Siteohio Administration Fund.
Section 122.96 | Delegation of Authority.
Section 122.98 | Ohio Aerospace and Aviation Technology Committee.