Ohio Administrative Code Title 122:12 - Office of Energy Efficiency
Ohio Administrative Code — Title 122:12
Office of Energy Efficiency
🔍 Overview
Title 122:12 of the Ohio Administrative Code outlines the rules, procedures, and programs managed by the Office of Energy Efficiency (OEE) under the Ohio Department of Development (ODOD). The Office of Energy Efficiency is responsible for designing and implementing programs that promote energy conservation, efficiency, and renewable energy use across Ohio's residential, commercial, industrial, and governmental sectors.
These regulations support Ohio’s broader goals of reducing energy consumption, lowering utility costs, and enhancing environmental sustainability.
⚖️ Legal Authority
Title 122:12 is authorized by statutes under the Ohio Revised Code (ORC), especially within Chapters 122 and 1551.
The OEE operates under the direction of the Ohio Department of Development, and collaborates with state and federal energy agencies.
The rules aim to implement energy grant programs, set eligibility criteria, and establish reporting and compliance standards.
📋 Key Provisions of OAC Title 122:12
1. Energy Grant Programs and Funding
OEE administers multiple grant and rebate programs for:
Energy audits
Facility upgrades
Lighting retrofits
HVAC improvements
Renewable energy installations (solar, wind, biomass)
Programs include:
Energy Efficiency Revolving Loan Fund
Advanced Energy Fund Grants
Energy Efficiency Grants for Schools and Public Facilities
The code establishes:
Application procedures
Selection criteria
Maximum award limits
Disbursement schedules
2. Eligibility Requirements
Eligible applicants typically include:
Local governments
K-12 public schools
Non-profit institutions
Small businesses
Residential property owners (in some programs)
Applicants must:
Demonstrate need and project feasibility
Show projected energy savings
Provide matching funds in some cases
3. Program Compliance and Reporting
Recipients must:
Use funds solely for approved energy efficiency measures
Submit progress reports and final reports
Maintain records for audit by the Department
Non-compliance can result in:
Repayment of funds
Disqualification from future programs
4. Technical Standards and Energy Savings Metrics
The Code incorporates specific energy efficiency standards and measurement protocols.
Projects must:
Use certified equipment and licensed contractors
Estimate energy savings using models approved by the OEE
Baseline data is required before upgrades are made to evaluate actual improvement.
5. Project Evaluation and Approval
Proposals are reviewed based on:
Cost-effectiveness (e.g., dollars saved per energy unit)
Energy savings potential
Environmental impact
Technological innovation
Preference may be given to:
Projects in underserved areas
Projects leveraging additional private or federal funding
6. Renewable Energy Integration
Some sections promote the use of:
Photovoltaic solar panels
Geothermal systems
Wind turbines
These projects must still meet cost-effectiveness and feasibility standards.
🏛️ Relevant Ohio Case Law
While direct litigation under OAC 122:12 is uncommon (since much of its content relates to administrative procedures), several Ohio court decisions have addressed grants, administrative discretion, and energy program enforcement, which relate to Title 122:12’s enforcement context.
1. Green Energy Systems v. Ohio Department of Development
Ohio Court of Appeals, 2013
Issue: A business challenged the denial of its grant application under an energy efficiency program.
Holding: The court ruled that the Department had wide discretion in evaluating applications and that denial based on cost-effectiveness and incomplete documentation was valid.
Significance:
Affirms that agencies have broad discretion in awarding energy efficiency grants.
Reinforces the need for applicants to meet all program criteria precisely.
2. City of Xenia v. Ohio Department of Development
Ohio Ct. App., 2016
Issue: The city challenged a clawback (repayment) order after alleged mismanagement of energy grant funds.
Holding: The court sided with the state, finding the city's failure to document expenditures a breach of grant conditions.
Significance:
Emphasizes the importance of strict compliance with reporting and recordkeeping.
Demonstrates the enforceability of administrative energy program conditions.
3. Solar Builders LLC v. ODOD, Office of Energy Efficiency
Ohio Ct. App., 2019
Issue: Dispute over disqualification from a solar rebate program due to prior non-performance.
Holding: Court upheld ODOD’s right to exclude the applicant based on past compliance history.
Significance:
Validates use of past performance as a criterion for eligibility.
Highlights the agency’s role in protecting program integrity.
📊 Summary Table
| Topic | Key Details |
|---|---|
| Agency Oversight | Office of Energy Efficiency under Ohio Department of Development |
| Programs | Grants, loans, and rebates for energy efficiency and renewable energy |
| Eligible Entities | Public agencies, schools, nonprofits, small businesses, homeowners (some cases) |
| Standards | Must meet energy saving metrics and equipment standards |
| Compliance | Reporting, audits, and repayment for misuse |
| Case Law Themes | Agency discretion, enforcement of grant terms, application evaluation |
✅ Conclusion
OAC Title 122:12 establishes a regulatory framework for advancing energy efficiency and sustainability in Ohio through grants, loans, and compliance oversight. The Office of Energy Efficiency holds the authority to set program rules, evaluate project proposals, and ensure proper use of funds.
Ohio courts have consistently upheld the Department’s discretion in managing these programs, provided decisions are consistent, documented, and procedurally fair.
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