Effective: September 30, 2021
Latest Legislation: House Bill 110 - 134th General Assembly
(A) A person that has developed a business plan to invest in rural business concerns in this state and has successfully solicited private investors to make credit-eligible capital contributions in support of the plan may apply to the department of development for certification as a rural business growth fund. The application shall include all of the following:
(1) The total eligible investment authority sought by the applicant under the business plan;
(2) Documents and other evidence sufficient to prove, to the satisfaction of the agency, that the applicant meets all of the following criteria:
(a) The applicant or an affiliate of the applicant is licensed as a rural business investment company under 7 U.S.C. 2009cc, or as a small business investment company under 15 U.S.C. 681.
(b) As of the date the application is submitted, the applicant has invested more than one hundred million dollars in operating companies, including at least fifty million dollars in operating companies located in rural areas. In computing investments under this division, the applicant may include investments made by affiliates of the applicant and investments made in businesses that are not operating companies but would qualify as operating companies if the principal business operations were located in this state.
(3) The industries in which the applicant proposes to make growth investments and the percentage of the growth investments that will be made in each industry. The applicant shall identify each industry by using the codes utilized by the north American industry classification system.
(4) An estimate of the number of new full-time equivalent employees and retained full-time equivalent employees that will result from the applicant's growth investments;
(5) A revenue impact assessment for the applicant's proposed growth investments prepared by a nationally recognized third-party independent economic forecasting firm using a dynamic economic forecasting model. The revenue impact assessment shall analyze the applicant's business plan over the ten years following the date the application is submitted to the agency.
(6) A signed affidavit from each investor successfully solicited by the applicant to make a credit eligible capital contribution in support of the business plan. Each affidavit shall include information sufficient for the agency and the superintendent of insurance to identify the investor and shall state the amount of the investor's credit-eligible capital contribution.
(7) A nonrefundable application fee of five thousand dollars.
(B)(1) Except as provided in division (B)(2) of this section, the agency shall review and make a determination with respect to each application submitted under division (A) of this section within sixty days of receipt. The agency shall review and make determinations on the applications in the order in which the applications are received by the agency. Applications received by the agency on the same day shall be deemed to have been received simultaneously. The agency shall approve not more than seventy-five million dollars in eligible investment authority and not more than forty-five million dollars in credit-eligible capital contributions under this section for program one rural business growth funds. The agency shall approve not more than seventy-five million dollars in eligible investment authority and not more than forty-five million dollars in credit-eligible contributions under this section for program two rural business growth funds.
(2) If the agency denies an application for certification as a fund, and approving a subsequently submitted application would result in exceeding the dollar limitation on eligible investment authority or credit-eligible contributions prescribed by division (B)(1) of this section assuming the previously denied application were completed, clarified, or cured under division (D) of this section, the agency shall refrain from making a determination on the subsequently submitted application until the previously denied application is reconsidered or the fifteen-day period for submitting additional information respecting that application has passed, whichever comes first.
(C) The agency shall deny an application submitted under this section if any of the following are true:
(1) The application is incomplete.
(2) The application fee is not paid in full.
(3) The applicant does not satisfy all the criteria described in division (A)(2) of this section.
(4) The revenue impact assessment submitted under division (A)(5) of this section does not demonstrate that the applicant's business plan will result in a positive economic impact on this state over a ten-year period that exceeds the cumulative amount of tax credits that would be issued under section 122.152 of the Revised Code if the application were approved.
(5) The credit-eligible capital contributions described in affidavits submitted under division (A)(6) of this section do not equal sixty per cent of the total amount of eligible investment authority sought under the applicant's business plan.
(6) The agency has already approved the maximum total eligible investment authority and credit-eligible capital contributions allowed under division (B) of this section.
(D) If the agency denies an application under division (C) of this section, the agency shall send notice of its determination to the applicant. The notice shall include the reason or reasons that the application was denied. If the application was denied for any reason other than the reason specified in division (C)(6) of this section, the applicant may provide additional information to the agency to complete, clarify, or cure defects in the application. The additional information must be submitted within fifteen days after the date the notice of denial was dispatched by the agency. If the person submits additional information within fifteen days, the agency shall reconsider the application within thirty days after receiving the additional information. The application shall be reviewed and considered before any pending application submitted after the original submission date of the reconsidered application. If the person does not submit additional information within fifteen days after dispatch of the notice of denial, the person may submit a new application with a new submission date at any time.
(E) If approving multiple simultaneously submitted applications would result in exceeding the overall eligible investment limit prescribed by division (B) of this section, the agency shall proportionally reduce the eligible investment authority and the credit-eligible capital contributions for each approved application as necessary to avoid exceeding the limit.
(F) The agency shall not deny a rural business growth fund application or reduce the requested eligible investment authority for reasons other than those described in divisions (C) and (E) of this section. If the agency approves such an application, the agency shall issue a written notice to the applicant certifying that the applicant qualifies as a rural business growth fund and specifying the amount of the applicant's eligible investment authority.
(G) A fund shall do all of the following within sixty days after receiving the certification issued under division (F) of this section:
(1) Collect the credit-eligible capital contributions from each investor whose affidavit was included in the application. If the rural business growth fund's requested eligible investment authority is proportionally reduced under division (E) of this section, the investor's required credit-eligible capital contribution shall be reduced by the same proportion.
(2) Collect one or more investments of cash that, when added to the contributions collected under division (G)(1) of this section, equal the fund's eligible investment authority. At least ten per cent of the fund's eligible investment authority shall be comprised of equity investments contributed directly or indirectly by affiliates of the fund, including employees, officers, and directors of such affiliates.
(H) Within sixty-five days after receiving the certification issued under division (F)(1) of this section, the fund shall send to the agency documentation sufficient to prove that the amounts described in divisions (G)(1) and (2) of this section have been collected. The fund shall identify any affiliate of an investor described in division (G)(1) of this section that will seek to claim the credit allowed by section 122.152 of the Revised Code. If the fund fails to fully comply with division (G) of this section, the fund's certification shall lapse.
Eligible investment authority and corresponding credit-eligible capital contributions that lapse under this division do not count toward limits on total eligible investment authority and credit-eligible capital contributions prescribed by division (B) of this section. Once eligible investment authority has lapsed, the agency shall first award lapsed authority pro rata to each fund that was awarded less than the requested eligible investment authority because of the operation of division (E) of this section. Any remaining eligible investment authority may be awarded by the agency to new applicants.
(I) After receiving documentation sufficient to prove that the amounts described in divisions (G)(1) and (2) of this section have been collected, the agency shall issue the following notices:
(1) To each investor or affiliate identified in division (H) of this section, a notice of the amount and utilization schedule of the tax credits allocated to that investor or affiliate as a result of its credit-eligible capital contribution;
(2) To the superintendent of insurance, a notice of the amount and utilization schedule of the tax credits allocated to each investor described in division (G)(1) of this section and any affiliate of such investor who will seek to claim the credit allowed by section 122.152 of the Revised Code.
(J) Application fees submitted to the agency pursuant to division (A)(7) of this section shall be credited to the tax incentives operating fund created under section 122.174 of the Revised Code, and shall be used by the agency to administer sections 122.15 to 122.156 of the Revised Code.
Last updated July 29, 2021 at 4:25 PM
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.