Chapter 122:20-1 General Provisions

122:20-1-01 Definitions.

(A) "Non-profit economic development organization" means a non-profit corporation organized under Chapter 1702. of the Revised Code for purposes of performing economic development functions in the state of Ohio at the local, county, regional or state levels.

(B) "Political Subdivision" means a municipal corporation, township, county, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state.

(C) "Local match" means the investment commitment by the eligible applicant and third party project partners to support the eligible project. Local match may include financial and in-kind contributions made by the eligible applicant and third parties with which the eligible applicant has a binding agreement with respect to the eligible project. Local match does not, however, include any state-sourced grants.

(D) "Grantee" means an eligible applicant whose eligible project has been selected by the director of the Ohio development services agency and approved by the state controlling board for an award, and who has entered into a binding agreement to receive job ready sites program assistance.

(E) "Director" means the director of the Ohio development services agency.

Effective: 04/07/2014
R.C. 119.032 review dates: 12/19/2013 and 04/07/2019
Promulgated Under: 119.03
Statutory Authority: 122.083(B)
Rule Amplifies: 122.085 , 122.0820
Prior Effective Dates: 12/21/2007

122:20-1-02 Eligibility.

(A) An application shall have one identified eligible applicant. That entity, if awarded assistance, shall be the sole grantee under an agreement with the director and the director's sole point of contact for the job ready site project.

(B) Applications for job ready site funding may be submitted for project sites located in any county in the state. All applications forwarded by a district public works integrating committee shall be reviewed and evaluated by the director.

(C) An otherwise eligible project which involves remediation of contaminated property conducted under the voluntary action program set forth under Chapter 3746. of the Revised Code shall meet the requirements of the job ready sites program.

(D) Costs incurred for application preparation, preparation of reimbursement requests, project management and construction administration, and costs incurred in complying with program reporting requirements are not allowable costs under the job ready site program.

(E) An eligible applicant shall provide the balance of investment necessary to complete the eligible project. Prior to execution of the job ready site grant agreement, an eligible applicant must demonstrate that all local match funds identified as part of the approved project have been made available or that a binding commitment for local match funds exists. Acceptable documentation of local match includes, but is not limited to, evidence of appropriation, encumbrance or commitment of the local match investments by the eligible applicant and/or third party project partners.

(F) Local match may include an amount, not to exceed fifty per cent of the total local match requirement consisting of costs incurred as part of the eligible project during the five year period prior to the date the state controlling board approved an award for the eligible project. To be included as local match, the costs must be of the same character or type as allowable costs under the job ready site program.

(G) An application may be submitted without all necessary site and land use controls for the eligible project in place. The status of site and land use controls may, however, be a factor in evaluating applications for the job ready site program.

(H) A private, for-profit entity must receive prior approval from the director to be considered an eligible applicant. Such a request must be submitted in a format acceptable to the director and received by the director not less than forty-five days prior to the date on which applications are due to the local district public works integrating committee.

(I) An application should demonstrate that the eligible project is economically sound and financially viable.

(J) All construction activities described as part of the eligible project are reasonably capable and likely of being completed within three years of the approval of an award for the eligible project by the state controlling board.

(K) An eligible project may include infrastructure improvements and other activities not located on the eligible project site, but which are necessary to implement the eligible project as described in the application.

(L) The director shall establish and publish a maximum allowable level, to be expressed as a percentage of the available acreage and/or square footage of the job ready site, for mixed use occupancy at the eligible project site including, but not limited to, retail and/or residential activities.

R.C. 119.032 review dates: 12/19/2013 and 12/19/2018
Promulgated Under: 119.03
Statutory Authority: 122.083(B)
Rule Amplifies: 122:085to 122.0820
Prior Effective Dates: 12/21/2007

122:20-1-03 Application process.

(A) Applications must be completed in a format acceptable to the director and include the content set forth in section 122.089 of the Revised Code.

(B) The director shall establish scoring criteria, scoring instruments, and materials for use by the district public works integrating committees and the Ohio development services agency in reviewing applications under the job ready site program. The scoring criteria, scoring instruments and materials will be published and available with the job ready site application. The scoring criteria, instruments and materials shall be consistent with the factors set forth in section 122.0816 of the Revised Code.

(C) An application must include documentation of regional support for the eligible project, including but not limited to, legislation enacted by the board of county commissioners and city council where the project is located.

(D) An eligible applicant must submit its application materials to the district public works integrating committee for the district in which the eligible project is located on or before the published deadline. If the eligible project is located in more than one committee's jurisdiction, for purposes of filing a job ready site application, the committee with jurisdiction over the largest area comprising the eligible project shall receive and review the application.

(E) District public works integrating committees will complete the scoring instruments and materials provided by the director for each application received. Each committee will submit selected eligible projects and their respective total scores within the time established by the director.

(F) Upon receipt of a district public works integrating committee's recommendations, the director will evaluate each application using the scoring instruments and materials.

(G) For purposes of clarification and/or completion, the director and/or district public works integrating committees may, from time to time and as necessary, request in writing additional information from eligible applicants. Under no circumstances may an eligible applicant submit additional application materials to the director or the district public works integrating committee unless such information is requested by the director or district public works integrating committee in writing.

(H) In order to achieve geographic diversity as required under the job ready site program, the director may select certain eligible projects, notwithstanding its rank in the final evaluation scores.

(I) Subject to approval of the state controlling board, the decision of the director in selecting eligible projects for the job ready site program is final and not appealable.

Effective: 04/07/2014
R.C. 119.032 review dates: 12/19/2013 and 04/07/2019
Promulgated Under: 119.03
Statutory Authority: 122.086
Rule Amplifies: 122.085 to 122.0820
Prior Effective Dates: 12/21/2007

122:20-1-04 Grant agreement.

(A) An eligible applicant selected by the director and approved by the state controlling board must enter into a job ready site grant agreement with the director. Failure of the eligible applicant to execute and deliver the job ready site grant agreement in the form and substance satisfactory to the director within sixty days of receipt may result in cancellation of the job ready site project award.

(B) Among other things, the job ready site grant agreement will authorize the director to terminate the agreement and require a repayment of all or a portion of the grant moneys disbursed to the grantee if the director determines that the grantee is not in compliance with the terms of the grant agreement.

(C) Prior to making any changes to an approved job ready site project, the grantee must request and receive written approval of the director for the proposed change.

R.C. 119.032 review dates: 12/19/2013 and 12/19/2018
Promulgated Under: 119.03
Statutory Authority: 122.83(B)
Rule Amplifies: 122.085 to 122.0820
Prior Effective Dates: 12/21/2007

122:20-1-05 Reimbursement and reporting.

(A) Job ready site funds will be disbursed only to grantees whose projects have been selected by the director, approved by the state controlling board and are subject to an executed job ready site grant agreement.

(B) Grantees shall submit requests for reimbursement of allowable costs in a format acceptable to the director. Grantees shall include such supporting documentation of costs and expenditure of local match as the director may reasonably require. Upon verification of such costs and expenditure of local match, the director shall reimburse grantee from the grant funds awarded.

(C) Only allowable costs incurred after the effective date of the job ready site grant agreement will be eligible to be reimbursed to the grantee. Notwithstanding the foregoing limitation, a grantee may be reimbursed the actual cost, not to exceed fifty thousand dollars, for a real property survey included in the job ready site program application.

(D) Grantees must submit to the director an annual progress report in a format acceptable to the director during the each year of the term of the agreement. The term of the agreement shall be defined in the job ready site grant agreement and shall include a post construction completion period necessary to evaluate the effectiveness of the job ready site project. The report shall detail progress of the project and any additional information as may be requested. Annual progress reports shall be certified as accurate and complete by the grantee's chief elected officer or chief executive officer, as applicable.

R.C. 119.032 review dates: 12/19/2013 and 12/19/2018
Promulgated Under: 119.03
Statutory Authority: 122.083(B)
Rule Amplifies: 122.085 to 122.0820
Prior Effective Dates: 12/21/2007