Effective: September 29, 2013
Latest Legislation: House Bill 59 - 130th General Assembly
For the purposes of sections 122.65 to 122.658 of the Revised Code, the director of development shall establish policies and requirements regarding all of the following:
(A) The form and content of applications for grants or loans from the clean Ohio revitalization fund under section 122.652 of the Revised Code. The policies and requirements shall require that each application include, at a minimum, all of the following:
(1) The name, address, and telephone number of the applicant;
(2) The legal description of the property for which the grant or loan is requested;
(3) A summary description of the hazardous substances or petroleum present at the brownfield and a certified copy of the results of an assessment;
(4) A detailed explanation of the proposed cleanup or remediation of the brownfield, including an identification of the applicable cleanup standards, and a detailed description of the proposed use of the brownfield after completion of the cleanup or remediation;
(5) An estimate of the total cost to clean up or remediate the brownfield in order to comply with the applicable cleanup standards. The total cost shall include the cost of employing a certified professional under section 122.654 of the Revised Code.
(6) A detailed explanation of the portion of the estimated total cost of the cleanup or remediation of the brownfield that the applicant proposes to provide as required under sections 122.653 and 122.658 of the Revised Code and financial records supporting the proposal;
(7) A certified copy of a resolution or ordinance approving the project that the applicant shall obtain from the board of township trustees of the township or the legislative authority of the municipal corporation in which the property is located, whichever is applicable;
(8) A description of the estimated economic benefit that will result from a cleanup or remediation of the brownfield;
(9) An application summary for purposes of review by an integrating committee or, if applicable, the executive committee of an integrating committee under division (B) of section 122.652 of the Revised Code;
(10) With respect to applications for loans, information demonstrating that the applicant will implement a financial management plan that includes, without limitation, provisions for the satisfactory repayment of the loan;
(11) Any other provisions that the director determines should be included in an application.
(B) Procedures for conducting public meetings and providing public notice under division (A) of section 122.652 of the Revised Code;
(C) Criteria to be used by integrating committees or, if required under division (C) of section 122.652 of the Revised Code, executive committees of integrating committees when prioritizing projects under division (B) of section 122.652 of the Revised Code. The policies and requirements also shall establish procedures that integrating committees or, if required under division (C) of section 122.652 of the Revised Code, executive committees of integrating committees shall use in applying the criteria.
(D) A selection process that provides for the prioritization of brownfield cleanup or remediation projects for which grant or loan applications are submitted under section 122.652 of the Revised Code. The policies and requirements shall require the selection process to give priority to projects in which the post-cleanup or remediation use will be for a combination of residential, commercial, or industrial purposes, which may include the conversion of a portion of a brownfield to a recreation, park, or natural area that is integrated with the residential, commercial, or industrial use of the brownfield after cleanup or remediation, or will incorporate projects that are funded by grants awarded under sections 164.20 to 164.27 of the Revised Code. The policies and requirements shall require the selection process to incorporate and emphasize all of the following factors:
(1) The potential economic benefit that will result from the cleanup or remediation of a brownfield;
(2) The potential environmental improvement that will result from the cleanup or remediation of a brownfield;
(3) The amount and nature of the match provided by an applicant as required under sections 122.653 and 122.658 of the Revised Code;
(4) Funding priorities recommended by integrating committees or, if required under division (C) of section 122.652 of the Revised Code, executive committees of integrating committees under division (B) of section 122.652 of the Revised Code;
(5) The potential benefit to low-income communities, including minority communities, that will result from the cleanup or remediation of a brownfield;
(6) Any other factors that the director considers appropriate.
(E) The development of criteria that the director shall use when awarding grants under section 122.656 of the Revised Code. The criteria shall give priority to public health projects. In addition, the director, in consultation with the director of environmental protection, shall establish policies and requirements that require the criteria to include a public health project selection process that incorporates and emphasizes all of the following factors:
(1) The potential environmental improvement that will result from the cleanup or remediation;
(2) The ability of an applicant to access the property for purposes of the cleanup or remediation;
(3) The name and qualifications of the cleanup or remediation contractor;
(4) Any other factors that the director of development considers appropriate.
The director of development may develop any other policies and requirements that the director determines are necessary for the administration of section 122.656 of the Revised Code.
(F) The development of a brownfield cleanup and remediation oversight program to ensure compliance with sections 122.65 to 122.658 of the Revised Code and policies and requirements established under this section. The policies and requirements shall require the program to include, at a minimum, both of the following:
(1) Procedures for the accounting of invoices and receipts and any other documents that are necessary to demonstrate that a cleanup or remediation was properly performed;
(2) Procedures that are necessary to provide a detailed explanation of the status of the property five years after the completed cleanup or remediation.
(G) A delineation of what constitutes administrative costs for purposes of divisions (D) and (F) of section 122.658 of the Revised Code;
(H) Procedures and requirements for making loans and loan agreements that include at least all of the following:
(1) Not more than fifteen per cent of moneys annually allocated to the clean Ohio revitalization fund shall be used for loans.
(2) The loans shall be made at or below market rates of interest, including, without limitation, interest-free loans.
(3) The recipient of a loan shall identify a source of security and a source of repayment of the loan.
(4) The clean Ohio council may accept notes and other forms of obligation to evidence indebtedness, accept mortgages, liens, pledges, assignments, and other security interests to secure such indebtedness, and take any actions that are considered by the council to be appropriate to protect such security and safeguard against losses, including, without limitation, foreclosure and bidding on the purchase of property upon foreclosure or other sale.
(I) Any other policies and requirements that the director determines are necessary for the administration of sections 122.65 to 122.658 of the Revised Code.
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.