901-8-01 Definitions.

(A) "Board" shall mean the ethanol incentive board.

(B) "Ohio Farmer" is defined as one of the following:

(1) Any person who produces one thousand dollars or more of agricultural commodities in Ohio as "agriculture" is defined in R.C. 1.61 and files a schedule F with the internal revenue service;

(2) A person who owns farm or pasture land in Ohio that is devoted to agricultural activities as "agriculture" is defined in R.C. 1.61 , and the person receives rent/income for the use of that property;

(3) A person who owns farm or pasture land in Ohio, and receives payments from the United States department of agriculture (USDA) for participation in the conservation reserve program (CRP) or other land set aside programs; or

(4) A person who owns at least ten percent of the equity in an agricultural operation as described in paragraphs (B)(1) to (B)(3) of this rule.

(C) "Majority Owned by Ohio Farmers" shall mean that fifty percent or more of the issued voting shares with voting rights of a corporation, fifty percent or more of the general partnership interest of a partnership, or fifty percent or more of the voting rights of a limited liability company, are owned by Ohio farmers. With respect to a sole proprietorship, the owner shall be an Ohio farmer.

(D) "Person" includes individuals, firms, companies, business trusts, estates, trusts, partnerships, limited liability companies, associations, corporations, and any other business entities.

(E) "Repayment Agreement" means the agreement between the applicant and the state of Ohio that will be included in any application for the certificate of approval issued by the board, that shall require the applicant to repay the state of Ohio an amount equal to the amount of tax credits that were taken by the investors in that applicant for the purpose of working toward the operation for an ethanol facility, if the facility never operates or never produces ethanol for sale.

R.C. 119.032 review dates: 08/13/2010 and 08/13/2015
Promulgated Under: 119.03
Statutory Authority: 901.13
Rule Amplifies: 901.13
Prior Effective Dates: 11-29-02