Lawriter - OAC - 122:23-1-01 Definitions and rules of interpretation.

122:23-1-01 Definitions and rules of interpretation.

(A) As used in rules 122:23-1-01 to 122:23-1-10 of the Administrative Code:

(1) "Applicant" means a person who applies to the director for certification of an energy project as a qualified energy project. As used in this chapter of the Administrative Code, "applicant" also includes a person who receives a certification of an energy project as a qualified energy project and any subsequent owner or lessee pursuant to a sale and leaseback transaction of the qualified energy project.

(2) "Application for certification" means an application for certification of an energy project as a qualified energy project as provided in section 5727.75 of the Revised Code.

(3) "Authorized representative" means an officer or other individual who has the actual authority to sign for, and make representations on behalf of, the applicant.

(4) "Business day" means any day other than Saturday, Sunday or a holiday recognized by the state of Ohio on which the offices of the development services agency are not open for business.

(5) "Commissioner" means the commissioner of the Ohio Department of Taxation.

(6) "Director" means the director of the Ohio Development Services Agency.

(7) "Energy facility" has the meaning given to that term in division (P) of section 5727.01 of the Revised Code.

"Energy facility" includes a substation to which the generating equipment is connected if the person who owns the interconnected wind turbines, solar panels, or other tangible property used to generate electricity also owns such substation.

(8) "In service" means, with respect to any energy project, capable of producing electricity.

(9) "Ohio-domiciled" means a person's permanent residence is in the state of Ohio.

(B) In the case of a county that has adopted a charter under Article X, Ohio Constitution, references to "board of county commissioners" and "resolution" will be interpreted in accordance with section 1.62 of the Revised Code.

Replaces: 122:23-1-01, 122:23-1-02

Cite as Ohio Admin. Code 122:23-1-01

Effective: 10/30/2017
Five Year Review (FYR) Dates: 10/30/2022
Promulgated Under: 119.03
Statutory Authority: 5727.75(H)
Rule Amplifies: 5727.75
Prior Effective Dates: 1/10/2011