Ohio § 3706.01

§ 3706.01.

As used in this chapter: (A) “ Governmental agency ” means a department, division, or other unit of state government, a municipal corporation,

county, township, and other political subdivision, or any other public corporation

or agency having the power to acquire, construct, or operate air quality facilities,

the United States or any agency thereof, and any agency, commission, or authority

established pursuant to an interstate compact or agreement. (B) “ Person ” means any individual, firm, partnership, association, or corporation, or any combination

thereof. (C) “ Air contaminant ” means particulate matter, dust, fumes, gas, mist, smoke, noise, vapor, heat, radioactivity,

radiation, or odorous substance, or any combination thereof. (D) “ Air pollution ” means the presence in the ambient air of one or more air contaminants in sufficient

quantity and of such characteristics and duration as to injure human health or welfare,

plant or animal life, or property, or that unreasonably interferes with the comfortable

enjoyment of life or property. (E) “ Ambient air ” means that portion of the atmosphere outside of buildings and other enclosures,

stacks, or ducts that surrounds human, plant, or animal life, or property. (F) “ Emission ” means the release into the outdoor atmosphere of an air contaminant. (G) “ Air quality facility ” means any of the following: (1) Any method, modification or replacement of property, process, device, structure,

or equipment that removes, reduces, prevents, contains, alters, conveys, stores, disperses,

or disposes of air contaminants or substances containing air contaminants, or that

renders less noxious or reduces the concentration of air contaminants in the ambient

air, including, without limitation, facilities and expenditures that qualify as air

pollution control facilities under section 103 (C)(4)(F) of the Internal Revenue Code of 1954 , as amended, and regulations adopted thereunder; (2) Motor vehicle inspection stations operated in accordance with, and any equipment

used for motor vehicle inspections conducted under, section 3704.14 of the Revised Code and rules adopted under it; (3) Ethanol or other biofuel facilities, including any equipment used at the ethanol

or other biofuel facility for the production of ethanol or other biofuels; (4) Any property or portion thereof used for the collection, storage, treatment, utilization,

processing, or final disposal of a by-product or solid waste resulting from any method,

process, device, structure, or equipment that removes, reduces, prevents, contains,

alters, conveys, stores, disperses, or disposes of air contaminants, or that renders

less noxious or reduces the concentration of air contaminants in the ambient air; (5) Any property, device, or equipment that promotes the reduction of emissions of air

contaminants into the ambient air through improvements in the efficiency of energy

utilization or energy conservation; (6) Any coal research and development project conducted under Chapter 1555. of the Revised

Code; (7) As determined by the director of the Ohio coal development office, any property or

portion thereof that is used for the collection, storage, treatment, utilization,

processing, or final disposal of a by-product resulting from a coal research and development

project as defined in section 1555.01 of the Revised Code or from the use of clean coal technology, excluding any property or portion thereof

that is used primarily for other subsequent commercial purposes; (8) Any property, device, or equipment comprising a facility generating green energy; (9) Any property, device, or equipment that promotes the reduction of emissions of air

contaminants into the ambient air through the generation of clean, renewable energy

with renewable energy resources or advanced energy resources as defined in section 3706.25 of the Revised Code ; (10) Any property, device, structure, or equipment necessary for the manufacture and production

of equipment described as an air quality facility under this chapter; (11) Any property, device, or equipment related to the recharging or refueling of vehicles

that promotes the reduction of emissions of air contaminants into the ambient air

through the use of an alternative fuel as defined in section 125.831 of the Revised Code or the use of a renewable energy resource as defined in section 3706.25 of the Revised Code ; (12) Any special energy improvement project, as defined in section 1710.01 of the Revised Code , that promotes the reduction of emissions of air contaminants into the ambient air. “ Air quality facility ” further includes any property or system to be used in whole or in part for any of

the purposes in divisions (G)(1) to (12) of this section, whether another purpose

is also served, and any property or system incidental to or that has to do with, or

the end purpose of which is, any of the foregoing.  Air quality facilities that are defined in this division for industry, commerce,

distribution, or research, including public utility companies, are hereby determined

to be those that qualify as facilities for the control of air pollution and thermal

pollution related to air under Section 13 of Article VIII, Ohio Constitution . (H) “ Project ” or “ air quality project ” means any air quality facility, including undivided or other interests therein,

acquired or to be acquired or constructed or to be constructed by the Ohio air quality

development authority under this chapter, or acquired or to be acquired or constructed

or to be constructed by a governmental agency or person with all or a part of the

cost thereof being paid from a loan or grant from the authority under this chapter

or otherwise paid from the proceeds of air quality revenue bonds, including all buildings

and facilities that the authority determines necessary for the operation of the project,

together with all property, rights, easements, and interests that may be required

for the operation of the project. (I) “ Cost ” as applied to an air quality project means the cost of acquisition and construction,

the cost of acquisition of all land, rights-of-way, property rights, easements, franchise

rights, and interests required for such acquisition and construction, the cost of

demolishing or removing any buildings or structures on land so acquired, including

the cost of acquiring any lands to which such buildings or structures may be moved,

the cost of acquiring or constructing and equipping a principal office and sub-offices

of the authority, the cost of diverting highways, interchange of highways, and access

roads to private property, including the cost of land or easements for such access

roads, the cost of public utility and common carrier relocation or duplication, the

cost of all machinery, furnishings, and equipment, financing charges, interest prior

to and during construction and for no more than eighteen months after completion of

construction, engineering, expenses of research and development with respect to air

quality facilities, the cost of any commodity contract, including fees and expenses

related thereto, legal expenses, plans, specifications, surveys, studies, estimates

of cost and revenues, working capital, other expenses necessary or incident to determining

the feasibility or practicability of acquiring or constructing such project, administrative

expense, and such other expense as may be necessary or incident to the acquisition

or construction of the project, the financing of such acquisition or construction,

including the amount authorized in the resolution of the authority providing for the

issuance of air quality revenue bonds to be paid into any special funds from the proceeds

of such bonds, and the financing of the placing of such project in operation.  Any obligation, cost, or expense incurred by any governmental agency or person for

surveys, borings, preparation of plans and specifications, and other engineering services,

or any other cost described above, in connection with the acquisition or construction

of a project may be regarded as a part of the cost of that project and may be reimbursed

out of the proceeds of air quality revenue bonds as authorized by this chapter. (J) “ Owner ” includes an individual, copartnership, association, or corporation having any title

or interest in any property, rights, easements, or interests authorized to be acquired

by this chapter. (K) “ Revenues ” means all rentals and other charges received by the authority for the use or services

of any air quality project, any gift or grant received with respect to any air quality

project, any moneys received with respect to the lease, sublease, sale, including

installment sale or conditional sale, or other disposition of an air quality project,

moneys received in repayment of and for interest on any loans made by the authority

to a person or governmental agency, whether from the United States or any department,

administration, or agency thereof, or otherwise, proceeds of such bonds to the extent

that use thereof for payment of principal of, premium, if any, or interest on the

bonds is authorized by the authority, amounts received or otherwise derived from a

commodity contract or from the sale of the related commodity under such a contract,

proceeds from any insurance, condemnation, or guaranty pertaining to a project or

property mortgaged to secure bonds or pertaining to the financing of the project,

and income and profit from the investment of the proceeds of air quality revenue bonds

or of any revenues. (L) “ Public roads ” includes all public highways, roads, and streets in the state, whether maintained

by the state, county, city, township, or other political subdivision. (M) “ Public utility facilities ” includes tracks, pipes, mains, conduits, cables, wires, towers, poles, and other

equipment and appliances of any public utility. (N) “ Construction ,” unless the context indicates a different meaning or intent, includes reconstruction,

enlargement, improvement, or providing furnishings or equipment. (O) “ Air quality revenue bonds ,” unless the context indicates a different meaning or intent, includes air quality

revenue notes, air quality revenue renewal notes, and air quality revenue refunding

bonds, except that notes issued in anticipation of the issuance of bonds shall have

a maximum maturity of five years as provided in section 3706.05 of the Revised Code and notes or renewal notes issued as the definitive obligation may be issued maturing

at such time or times with a maximum maturity of forty years from the date of issuance

of the original note. (P) “ Solid waste ” means any garbage;  refuse;  sludge from a waste water treatment plant, water supply

treatment plant, or air pollution control facility;  and other discarded material,

including solid, liquid, semisolid, or contained gaseous material resulting from industrial,

commercial, mining, and agricultural operations, and from community activities, but

not including solid or dissolved material in domestic sewage, or solid or dissolved

material in irrigation return flows or industrial discharges that are point sources

subject to permits under section 402 of the “Federal Water Pollution Control Act Amendments

of 1972,” 86 Stat. 880, 33 U.S.C.A. 1342 , as amended, or source, special nuclear, or byproduct material as defined by the

“Atomic Energy Act of 1954,” 68 Stat. 921, 42 U.S.C.A. 2011 , as amended. (Q) “ Sludge ” means any solid, semisolid, or liquid waste, other than a recyclable by-product,

generated from a municipal, commercial, or industrial waste water treatment plant,

water supply plant, or air pollution control facility or any other such wastes having

similar characteristics and effects. (R) “ Ethanol or other biofuel facility ” means a plant at which ethanol or other biofuel is produced. (S) “ Ethanol ” means fermentation ethyl alcohol derived from agricultural products, including potatoes,

cereal, grains, cheese whey, and sugar beets;  forest products;  or other renewable

or biomass resources, including residue and waste generated from the production, processing,

and marketing of agricultural products, forest products, and other renewable or biomass

resources, that meets all of the specifications in the American society for testing

and materials (ASTM) specification D 4806-88 and is denatured as specified in Parts

20 and 21 of Title 27 of the Code of Federal Regulations . (T) “ Biofuel ” means any fuel that is made from cellulosic biomass resources, including renewable

organic matter, crop waste residue, wood, aquatic plants and other crops, animal waste,

solid waste, or sludge, and that is used for the production of energy for transportation

or other purposes. (U) “ FutureGen project ” means the buildings, equipment, and real property and functionally related buildings,

equipment, and real property, including related research projects that support the

development and operation of the buildings, equipment, and real property, designated

by the United States department of energy and the FutureGen industrial alliance, inc.,

as the coal-fueled, zero-emissions power plant designed to prove the technical and

economic feasibility of producing electricity and hydrogen from coal and nearly eliminating

carbon dioxide emissions through capture and permanent storage. (V) “ Commodity contract ” means a contract or series of contracts entered into in connection with the acquisition

or construction of air quality facilities for the purchase or sale of a commodity

that is eligible for prepayment with the proceeds of federally tax exempt bonds under sections 103 , 141 , and 148 of the Internal Revenue Code of 1986 , as amended, and regulations adopted under it. (W) “Green energy” has the same meaning as in section 4928.01 of the Revised Code .