Effective: September 13, 2018
Latest Legislation: House Bill 430 - 132nd General Assembly
As used in sections 5709.20 to 5709.27 of the Revised Code:
(A) "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, vapor, or odorous substances, or any combination thereof.
(B) "Air pollution control facility" means any property designed, constructed, or installed for the primary purpose of eliminating or reducing the emission of, or ground level concentration of, air contaminants generated at an industrial or commercial plant or site that renders air harmful or inimical to the public health or to property within this state, or such property installed on or after November 1, 1993, at a petroleum refinery for the primary purpose of eliminating or reducing substances within fuel that otherwise would create the emission of air contaminants upon the combustion of fuel.
(C) "Energy conversion" means the conversion of fuel or power usage and consumption from natural gas to an alternate fuel or power source other than propane, butane, naphtha, or fuel oil; or the conversion of fuel or power usage and consumption from fuel oil to an alternate fuel or power source other than natural gas, propane, butane, or naphtha.
(D) "Energy conversion facility" means any additional property or equipment designed, constructed, or installed after December 31, 1974, for use at an industrial or commercial plant or site for the primary purpose of energy conversion.
(E) "Exempt facility" means any of the facilities defined in division (B), (D), (F), (I), (K), or (L) of this section for which an exempt facility certificate is issued pursuant to section 5709.21 or for which a certificate remains valid under section 5709.201 of the Revised Code.
(F) "Noise pollution control facility" means any property designed, constructed, or installed for use at an industrial or commercial plant or site for the primary purpose of eliminating or reducing, at that plant or site, the emission of sound which is harmful or inimical to persons or property, or materially reduces the quality of the environment, as shall be determined by the director of environmental protection within such standards for noise pollution control facilities and standards for environmental noise necessary to protect public health and welfare as may be promulgated by the United States environmental protection agency. In the absence of such United States environmental protection agency standards, the determination shall be made in accordance with generally accepted current standards of good engineering practice in environmental noise control.
(G) "Solid waste" means such unwanted residual solid or semi-solid material as results from industrial operations, including those of public utility companies, and commercial, distribution, research, agricultural, and community operations, including garbage, combustible or noncombustible, street dirt, and debris.
(H) "Solid waste energy conversion" means the conversion of solid waste into energy and the utilization of such energy for some useful purpose.
(I) "Solid waste energy conversion facility" means any property or equipment designed, constructed, or installed after December 31, 1974, for use at an industrial or a commercial plant or site for the primary purpose of solid waste energy conversion.
(J) "Thermal efficiency improvement" means the recovery and use of waste heat or waste steam produced incidental to electric power generation, industrial process heat generation, lighting, refrigeration, or space heating.
(K) "Thermal efficiency improvement facility" means any property or equipment designed, constructed, or installed after December 31, 1974, for use at an industrial or a commercial plant or site for the primary purpose of thermal efficiency improvement.
(L) "Industrial water pollution control facility" means any property designed, constructed, or installed for the primary purpose of collecting or conducting industrial waste to a point of disposal or treatment; reducing, controlling, or eliminating water pollution caused by industrial waste; or reducing, controlling, or eliminating the discharge into a disposal system of industrial waste or what would be industrial waste if discharged into the waters of this state. This division applies only to property related to an industrial water pollution control facility placed into operation or initially capable of operation after December 31, 1965, and installed pursuant to the approval of the environmental protection agency, department of natural resources, or any other governmental agency having authority to approve the installation of industrial water pollution control facilities. The definitions in section 6111.01 of the Revised Code, as applicable, apply to the terms used in this division.
(M) Property designed, constructed, installed, used, or placed in operation primarily for the safety, health, protection, or benefit, or any combination thereof, of personnel of a business, or primarily for a business's own benefit, is not an "exempt facility."
Structure Ohio Revised Code
Chapter 5709 | Taxable Property - Exemptions
Section 5709.01 | Taxable Property Entered on General Tax List and Duplicate.
Section 5709.02 | Taxable Property to Be Entered on Classified Tax List and Duplicate.
Section 5709.03 | Fixing Situs of Certain Classes of Property Within or Without This State.
Section 5709.04 | Exemption of Intangible Property.
Section 5709.041 | Exemption of Certain Deposits.
Section 5709.05 | When Former Public Lands Become Taxable.
Section 5709.07 | Exemption of Schools, Churches, and Colleges.
Section 5709.08 | Exemption of Government and Public Property.
Section 5709.081 | Exempting Public Recreational Facility Used for Athletic Events.
Section 5709.083 | Exemption for Eligible County Projects.
Section 5709.084 | Exemption of Convention Centers.
Section 5709.09 | Exemption of Nature Preserves and Environmental Projects.
Section 5709.10 | Exemption of Public Property.
Section 5709.101 | Exemptions for Certain Real Property.
Section 5709.11 | Exemption of Municipal Utility Works.
Section 5709.112 | Exemption of Tangible Personal Property Used in Oil or Gas Recovery.
Section 5709.12 | Exemption of Property Used for Public or Charitable Purposes.
Section 5709.121 | Exclusive Charitable or Public Purposes Defined.
Section 5709.13 | Exemption of Property Used as Children's Homes.
Section 5709.14 | Exemption of Graveyards.
Section 5709.15 | Exemption of Veterans Funds and Monuments.
Section 5709.16 | Exemption of Monuments and Memorials.
Section 5709.18 | Exemption of Prehistoric Earthworks or Historic Buildings.
Section 5709.19 | Deduction for Domestic Animals.
Section 5709.20 | Air Pollution Control Facility - Noise Pollution Control Facility Definitions.
Section 5709.201 | Continuation of Certificates.
Section 5709.21 | Air or Noise Pollution Control Certificate.
Section 5709.211 | Opinion of a Director Required Before Issuance of Exempt Facility Certificate.
Section 5709.212 | Fees for Exempt Facility Certificate.
Section 5709.22 | Tax Commissioner - Powers and Duties.
Section 5709.24 | Tax Commissioner to Adopt Rules.
Section 5709.25 | Exemption of Pollution Control Facilities.
Section 5709.26 | Revocation of Certificate Due to Fraud or Misrepresentation - Penalties.
Section 5709.27 | Transfer of Exemption Certificate.
Section 5709.28 | Percentage of Taxable Value of Agricultural Security Area Land May Be Exempt.
Section 5709.40 | Declaration That Improvements Constitute Public Purpose - Blighted Areas.
Section 5709.41 | Declaration That Improvements Constitute Public Purpose.
Section 5709.411 | Declaration That Improvements Constitute Public Purpose - Detached Areas.
Section 5709.42 | Annual Service Payments in Lieu of Taxes.
Section 5709.44 | Foreign Trade Zone Exemption.
Section 5709.45 | Downtown Redevelopment Districts.
Section 5709.46 | Annual Service Payments in Lieu of Taxes.
Section 5709.47 | Municipal Downtown Redevelopment District Fund.
Section 5709.48 | Transportation Financing Districts; Creation.
Section 5709.481 | Voluntary Assessments.
Section 5709.49 | Service Payments.
Section 5709.50 | Regional Transportation Improvement Project Fund.
Section 5709.51 | Extension of Exemption From Taxation of Improvements.
Section 5709.55 | Grape Products - Personal Property Exemption.
Section 5709.57 | Agreements With Qualifying Athletic Complexes.
Section 5709.61 | Enterprise Zone Definitions.
Section 5709.62 | Designation of Enterprise Zones by Municipal Corporations.
Section 5709.63 | Designation of Enterprise Zones by Counties.
Section 5709.631 | Requirements for Agreements.
Section 5709.632 | Designation of Enterprise Zones by Central City of Metropolitan Statistical Area.
Section 5709.633 | Enterprise Relocating From Another Ohio Location.
Section 5709.634 | Waiver of Retail Facilities Exclusion.
Section 5709.64 | Applying for Tax Incentive Qualification Certificate.
Section 5709.65 | Entitlement to Tax Incentives.
Section 5709.66 | Applying for Employee Tax Credit Certificate.
Section 5709.67 | Duties of Director of Development and Tax Commissioner.
Section 5709.671 | Policy of Retaining Existing or Creating New Employment Opportunities.
Section 5709.68 | Report on All Agreements in Effect.
Section 5709.69 | Notice of Intent to Relocate.
Section 5709.71 | Exemption of Port Authority Property Leased to Railroad - Annual Payments.
Section 5709.72 | Exemption for Library Technology Development.
Section 5709.73 | Exemption for Increase in Property Value Due to Public Infrastructure Improvement.
Section 5709.74 | Annual Service Payments in Lieu of Taxes.
Section 5709.75 | Township Public Improvement Tax Increment Equivalent Fund.
Section 5709.76 | Exempting Public Obligations and Purchase Obligations.
Section 5709.77 | County Public Infrastructure Improvement Definitions.
Section 5709.79 | Annual Service Payments in Lieu of Taxes.
Section 5709.80 | Redevelopment Tax Equivalent Fund.
Section 5709.81 | County Bonds or Notes to Finance Public Infrastructure Improvement.
Section 5709.82 | Compensating School District for Revenues Lost Due to Tax Exemptions.
Section 5709.83 | Notifying School District of Proposed Tax Exemption.
Section 5709.831 | Reimbursing Local Taxing Authorities.
Section 5709.84 | Exemption for Local Railroad Operation.
Section 5709.85 | Tax Incentive Review Council.
Section 5709.86 | Exemption for Abandoned School Property.
Section 5709.87 | Exempting Increase in Assessed Value of Realty Cleaned of Contamination.
Section 5709.88 | Tax Incentives to Promote Employment and Improve Economic Climate.
Section 5709.881 | Local Agreements.
Section 5709.882 | Report of Local Agreements.
Section 5709.883 | Tax Incentive Review Council - Cleanup of Contamination.
Section 5709.91 | Service Payments in Lieu of Taxes.
Section 5709.911 | Exemptions.
Section 5709.912 | Administrative Rules.
Section 5709.916 | Concurrent Municipal Tax Increment Financing Exemptions.