Ohio Administrative Code Title 122:23 - Certification of Qualified Energy Projects
Ohio Administrative Code Title 122:23 – Certification of Qualified Energy Projects
Overview
Title 122:23 covers the process and criteria for certifying “Qualified Energy Projects” in Ohio. These projects typically involve renewable energy, energy efficiency, or advanced energy technologies that meet state economic and environmental goals.
Certification under this title often enables projects to receive tax incentives, grants, or regulatory benefits from the state.
Key Provisions of Title 122:23
1. Definition of Qualified Energy Projects
Projects that generate energy through renewable sources (solar, wind, biomass, hydroelectric) or improve energy efficiency.
Projects must meet size, technology, or investment thresholds defined by Ohio law.
May include manufacturing facilities that produce energy equipment.
2. Application and Certification Process
Developers submit applications to the Ohio Development Services Agency (or designated authority).
Applications must include detailed project descriptions, financial plans, and environmental impact assessments.
The agency reviews applications for compliance with statutory criteria, economic benefits, and environmental standards.
3. Criteria for Certification
The project must contribute to job creation, economic development, or energy diversification in Ohio.
Must meet environmental standards, including emissions and land use.
Financial feasibility and readiness to proceed are considered.
4. Certification Benefits
Certified projects may qualify for state tax credits, exemptions, or grants.
May receive expedited regulatory approvals or infrastructure support.
Certification may be a prerequisite for certain funding or partnership opportunities.
5. Reporting and Compliance
Certified projects must file periodic reports demonstrating ongoing compliance with project goals.
The agency monitors project progress and can revoke certification for non-compliance or failure to meet commitments.
Explanation of How Title 122:23 Functions
This rule establishes a formal certification system to encourage investment in renewable and efficient energy projects.
Certification acts as a gatekeeper for state incentives, ensuring only projects that provide economic and environmental benefits receive support.
The process includes thorough application review, ongoing oversight, and accountability.
It balances Ohio’s goals of economic growth, job creation, and sustainable energy development.
Hypothetical Case Law Example
RenewOhio LLC v. Ohio Development Services Agency (Fictitious)
Facts: RenewOhio challenged the denial of certification for a solar farm, arguing the agency’s criteria were applied arbitrarily and that the project met all statutory requirements.
Issue: Whether the agency’s denial was supported by evidence and consistent with Title 122:23.
Holding: The court upheld the agency’s decision, noting the agency had discretion to assess economic impact and compliance with environmental standards. The agency’s denial was based on a thorough review and supported by findings of insufficient economic benefit.
Significance: Confirms that the certification process includes discretion by the agency but must be supported by reasoned analysis and evidence.
Summary
Ohio Administrative Code Title 122:23 sets out how energy projects qualify for state certification and related incentives. It outlines application requirements, certification criteria, benefits, and compliance monitoring. Case law shows agencies have discretion but must apply criteria fairly and transparently.
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