Ohio § 4928.62

§ 4928.62.

(A) There is hereby created the advanced energy program, which shall be administered

by the director of development.  Under the program, the director may authorize the use of moneys in the advanced

energy fund for financial, technical, and related assistance for advanced energy projects

in this state or for economic development assistance, in furtherance of the purposes

set forth in section 4928.63 of the Revised Code . (1) To the extent feasible given approved applications for assistance, the assistance

shall be distributed among the certified territories of electric distribution utilities

and participating electric cooperatives, and among the service areas of participating

municipal electric utilities, in amounts proportionate to the remittances of each

utility and cooperative under division (B)(2) of section 4928.61 of the Revised Code . (2) The funds described in division (B)(5) of section 4928.61 of the Revised Code shall not be subject to the territorial requirements of division (A)(1) of this section. (3) The director shall not authorize financial assistance for an advanced energy project

under the program unless the director first determines that the project will create

new jobs or preserve existing jobs in this state or use innovative technologies or

materials. (B) In carrying out sections 4928.61 to 4928.63 of the Revised Code , the director may do all of the following to further the public interest in advanced

energy projects and economic development: (1) Award grants, contracts, loans, loan participation agreements, linked deposits, and

energy production incentives; (2) Acquire in the name of the director any property of any kind or character in accordance

with this section, by purchase, purchase at foreclosure, or exchange, on such terms

and in such manner as the director considers proper; (3) Make and enter into all contracts and agreements necessary or incidental to the performance

of the director's duties and the exercise of the director's powers under sections 4928.61 to 4928.63 of the Revised Code ; (4) Employ or enter into contracts with financial consultants, marketing consultants,

consulting engineers, architects, managers, construction experts, attorneys, technical

monitors, energy evaluators, or other employees or agents as the director considers

necessary, and fix their compensation; (5) Adopt rules prescribing the application procedures for financial assistance under

the advanced energy program;  the fees, charges, interest rates, payment schedules,

local match requirements, and other terms and conditions of any grants, contracts,

loans, loan participation agreements, linked deposits, and energy production incentives;

 criteria pertaining to the eligibility of participating lending institutions;  and

any other matters necessary for the implementation of the program; (6) Do all things necessary and appropriate for the operation of the program. (C) The department of development may hold ownership to any unclaimed energy efficiency

and renewable energy emission allowances provided for in Chapter 3745-14 of the Administrative Code or otherwise, that result from advanced energy projects that receive funding from

the advanced energy fund, and it may use the allowances to further the public interest

in advanced energy projects or for economic development. (D) Financial statements, financial data, and trade secrets submitted to or received

by the director from an applicant or recipient of financial assistance under sections 4928.61 to 4928.63 of the Revised Code , or any information taken from those statements, data, or trade secrets for any purpose,

are not public records for the purpose of section 149.43 of the Revised Code . (E) Nothing in the amendments of sections 4928.61 , 4928.62 , and 4928.63 of the Revised Code by Sub. H.B. 251 of the 126th general assembly shall affect any pending or effected assistance,

pending or effected purchases or exchanges of property made, or pending or effected

contracts or agreements entered into pursuant to division (A) or (B) of this section

as the section existed prior to the effective date of those amendments, January 4,

2007, or shall affect the exemption provided under division (C) of this section as

the section existed prior to that effective date. (F) Any assistance a school district receives for an advanced energy project, including

a geothermal heating, ventilating, and air conditioning system, shall be in addition

to any assistance provided under Chapter 3318. of the Revised Code and shall not be

included as part of the district or state portion of the basic project cost under

that chapter.