REPRESENTATIVES Faber, Grendell, Aslanides, Metzger, Carmichael, Krupinski, Redfern, Rhine, Distel, Seaver, Barrett, Reinhard, Niehaus, Boccieri, Damschroder, Core, Wolpert, Kearns, Buehrer, Hoops, Perry, Strahorn, Schaffer, DeWine, Willamowski, Flowers, Carey, Stapleton, Husted, Peterson, Webster, Calvert, Setzer, Hughes, Raga, Hollister, Olman, White, Hagan, Fessler, Gilb, Latta, McGregor, Lendrum, Salerno, Reidelbach, Clancy, G. Smith, Blasdel, Wilson, Schneider, Schmidt, Coates, Williams, Seitz, Widowfield, Trakas, Jolivette, Cates, Collier, Carano, Sferra, Fedor, Sulzer, Ogg, Hartnett, Flannery, Otterman, Allen, DeBose, Womer Benjamin, R. Miller, Mason, Patton, Key, Woodard, DePiero, Beatty, Roman, Driehaus, Young, Cirelli, Britton, Sykes, Brown

To amend sections 3706.01, 5733.98, and 5747.98 and to

1

enact sections 901.13, 1345.021, 5733.46, and

2

5747.75 of the Revised Code to create the Ethanol

3

Incentive Board, to create a tax credit against

4

corporation franchise or income tax liability for

5

investments in ethanol plants whose business plans

6

have been approved by the Board, to provide that

7

ethanol plants are air quality facilities eligible

8

for Ohio Air Quality Development Authority

9

financing, to declare that it is not an unfair or

10

deceptive consumer sales practice to fail to

11

disclose a blending of ethanol into gasoline, and

12

to declare an emergency.

13

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3706.01, 5733.98, and 5747.98 be	14
amended and sections 901.13, 1345.021, 5733.46, and 5747.75 of the	15
Revised Code be enacted to read as follows:	16

Sec. 901.13. (A) As used in this section:

17

(1) "Ethanol" has the same meaning as in section 5733.46 of	18
the Revised Code.	19

(2) "Facility" means an ethanol production plant that will be	20
located in this state.	21

(B) There is hereby created the ethanol incentive board. The	22
board shall consist of the following five members: the director of	23
agriculture, who shall serve as chairperson of the board, the	24
director of development, the executive director of the Ohio air	25
quality development authority, one member appointed by the speaker	26
of the house of representatives, and one member appointed by the	27
president of the senate. Initial appointments to the board shall	28
be made within thirty days of the effective date of this section.	29
Vacancies shall be filled in the same manner provided for original	30
appointments. Members of the board shall serve without	31
compensation. The board shall meet and conduct its business as	32
directed by the chairperson. The board shall cease to exist	33
January 1, 2014.	34

(C) The board's sole duty is to review any application that	35
is submitted to it under this section. The board shall approve an	36
application only if it determines, by the affirmative vote of all	37
members of the board, that the applicant's business plan for a	38
facility meets the requirements established by division (D) of	39
this section.	40

(D) The owner of a facility may apply to the board, on an	41
application provided by the director of agriculture, for approval	42
of the facility's business plan under this section. Within sixty	43
days of receipt of an application, the board shall determine	44
whether the applicant's business plan meets the following	45
requirements:	46

(1) The business plan is for the construction and operation	47
of a facility.	48

(2) The business plan contains detailed information	49
regarding:	50

(a) The availability and price of corn in the area where the	51
facility will be located;	52

(b) The availability and cost of energy needed for operation	53
of the facility;	54

(c) The availability of water and waste disposal systems in	55
the area where the facility will be located;	56

(d) The availability of labor and a qualified site manager	57
for the facility.	58

(3) The business plan analyzes any proposed marketing	59
agreements for the products produced by the facility.	60

(4) The facility to be constructed and operated under the	61
business plan is majority-owned by Ohio farmers or will be prior	62
to the first day the facility commences production.	63

(5) The business plan meets any other requirements	64
established by the board under rules adopted in accordance with	65
division (G) of this section.	66

The board shall issue a certificate of approval for each	67
application approved under this section, and any taxpayer that	68
invests money in the facility for which a business plan has been	69
approved may claim a tax credit for such investment under section	70
5733.46 or 5747.75 of the Revised Code.	71

(E) Any business plan submitted to the board under this	72
section is not a public record subject to section 149.43 of the	73
Revised Code.	74

(F) The board shall notify the tax commissioner of any	75
certificate of approval issued under this section, within ten days	76
of its issuance.	77

(G) The director of agriculture, in consultation with the	78
director of development and in accordance with Chapter 119. of the	79
Revised Code, shall adopt rules necessary to implement this	80
section, including rules prescribing procedures and forms for	81
administering this section.	82

(H) The ethanol incentive board created by this section is	83
not an agency for purposes of section 101.82 to 101.87 of the	84
Revised Code.	85

Sec. 1345.021. (A) As used in this section, "retail dealer"	86
means a person who owns, operates, controls, or supervises an	87
establishment at which gasoline is sold or offered for sale to the	88
public.	89

(B) When ethanol is blended or mixed into gasoline that is	90
sold or offered for sale to the public, it is not an unfair or	91
deceptive act or practice in connection with a consumer	92
transaction for a retail dealer to fail to disclose either of the	93
following:	94

(1) The fact that the gasoline contains ethanol;

95

(2) The percentage of ethanol that is contained in the	96
gasoline.	97

(C) If a retail dealer elects to disclose any of the	98
information specified in division (B) of this section, the dealer	99
may make that disclosure in any form, using any type of sign or	100
label and any size or style of letters, at the retail dealer's	101
discretion.	102

(D) A retail dealer shall not be required to disclose the	103
fact that gasoline contains ethanol and shall not be required to	104
disclose the percentage of ethanol in the gasoline by any law,	105
rule, resolution, or ordinance of any agency or department of the	106
state or any political subdivision of the state.	107

Sec. 3706.01.  As used in this chapter:

108

(A) "Governmental agency" means a department, division, or	109
other unit of state government, a municipal corporation, county,	110
township, and other political subdivision, or any other public	111
corporation or agency having the power to acquire, construct, or	112
operate air quality facilities, the United States or any agency	113
thereof, and any agency, commission, or authority established	114
pursuant to an interstate compact or agreement.	115

(B) "Person" means any individual, firm, partnership,	116
association, or corporation, or any combination thereof.	117

(C) "Air contaminant" means particulate matter, dust, fumes,	118
gas, mist, smoke, noise, vapor, heat, radioactivity, radiation, or	119
odorous substance, or any combination thereof.	120

(D) "Air pollution" means the presence in the ambient air of	121
one or more air contaminants in sufficient quantity and of such	122
characteristics and duration as to injure human health or welfare,	123
plant or animal life, or property, or that unreasonably interferes	124
with the comfortable enjoyment of life or property.	125

(E) "Ambient air" means that portion of the atmosphere	126
outside of buildings and other enclosures, stacks, or ducts that	127
surrounds human, plant, or animal life, or property.	128

(F) "Emission" means the release into the outdoor atmosphere	129
of an air contaminant.	130

(G) "Air quality facility" means any of the following:

131

(1) Any method, modification or replacement of property,	132
process, device, structure, or equipment that removes, reduces,	133
prevents, contains, alters, conveys, stores, disperses, or	134
disposes of air contaminants or substances containing air	135
contaminants, or that renders less noxious or reduces the	136
concentration of air contaminants in the ambient air, including,	137
without limitation, facilities and expenditures that qualify as	138
air pollution control facilities under section 103 (C)(4)(F) of	139
the Internal Revenue Code of 1954, as amended, and regulations	140
adopted thereunder, motor;	141

(2) Motor vehicle inspection stations operated in accordance	142
with, and any equipment used for motor vehicle inspections	143
conducted under, section 3704.14 of the Revised Code and rules	144
adopted under it, any;	145

(3) Ethanol or other biofuel facilities, including any	146
equipment used at the ethanol or other biofuel facility for the	147
production of ethanol or other biofuels;	148

(4) Any property or portion thereof used for the collection,	149
storage, treatment, utilization, processing, or final disposal of	150
solid waste resulting from any method, process, device, structure,	151
or equipment that removes, reduces, prevents, contains, alters,	152
conveys, stores, disperses, or disposes of air contaminants, or	153
that renders less noxious or reduces the concentration of air	154
contaminants in the ambient air, and any;	155

(5) Any property, device, or equipment that promotes the	156
reduction of emissions of air contaminants into the ambient air	157
through improvements in the efficiency of energy utilization or	158
energy conservation, and.	159

"Air quality facility" further includingincludes any	160
property or system to be used in whole or in part for any of such	161
the purposes in divisions (G)(1) to (5) of this section, whether	162
another purpose is also served, and any property or system	163
incidental to or whichthat has to do with, or the end purpose of	164
which is, any of the foregoing. Air quality facilities that are	165
defined in this division for industry, commerce, distribution, or	166
research, including public utility companies, are hereby	167
determined to be those whichthat qualify as facilities for the	168
control of air pollution and thermal pollution related to air	169
under Section 13 of Article VIII, Ohio Constitution.	170

(H) "Project" or "air quality project" means any air quality	171
facility, including undivided or other interests therein, acquired	172
or to be acquired or constructed or to be constructed by the Ohio	173
air quality development authority under this chapter, or acquired	174
or to be acquired or constructed or to be constructed by a	175
governmental agency or person with all or a part of the cost	176
thereof being paid from a loan or grant from the authority under	177
this chapter, including all buildings and facilities that the	178
authority determines necessary for the operation of the project,	179
together with all property, rights, easements, and interests that	180
may be required for the operation of the project.	181

(I) "Cost" as applied to an air quality project means the	182
cost of acquisition and construction, the cost of acquisition of	183
all land, rights-of-way, property rights, easements, franchise	184
rights, and interests required for such acquisition and	185
construction, the cost of demolishing or removing any buildings or	186
structures on land so acquired, including the cost of acquiring	187
any lands to which such buildings or structures may be moved, the	188
cost of acquiring or constructing and equipping a principal office	189
and sub-offices of the authority, the cost of diverting highways,	190
interchange of highways, and access roads to private property,	191
including the cost of land or easements for such access roads, the	192
cost of public utility and common carrier relocation or	193
duplication, the cost of all machinery, furnishings, and	194
equipment, financing charges, interest prior to and during	195
construction and for no more than eighteen months after completion	196
of construction, engineering, expenses of research and development	197
with respect to air quality facilities, legal expenses, plans,	198
specifications, surveys, studies, estimates of cost and revenues,	199
working capital, other expenses necessary or incident to	200
determining the feasibility or practicability of acquiring or	201
constructing such project, administrative expense, and such other	202
expense as may be necessary or incident to the acquisition or	203
construction of the project, the financing of such acquisition or	204
construction, including the amount authorized in the resolution of	205
the authority providing for the issuance of air quality revenue	206
bonds to be paid into any special funds from the proceeds of such	207
bonds, and the financing of the placing of such project in	208
operation. Any obligation, cost, or expense incurred by any	209
governmental agency or person for surveys, borings, preparation of	210
plans and specifications, and other engineering services, or any	211
other cost described above, in connection with the acquisition or	212
construction of a project may be regarded as a part of the cost of	213
that project and may be reimbursed out of the proceeds of air	214
quality revenue bonds as authorized by this chapter.	215

(J) "Owner" includes an individual, copartnership,	216
association, or corporation having any title or interest in any	217
property, rights, easements, or interests authorized to be	218
acquired by this chapter.	219

(K) "Revenues" means all rentals and other charges received	220
by the authority for the use or services of any air quality	221
project, any gift or grant received with respect to any air	222
quality project, any moneys received with respect to the lease,	223
sublease, sale, including installment sale or conditional sale, or	224
other disposition of an air quality project, moneys received in	225
repayment of and for interest on any loans made by the authority	226
to a person or governmental agency, whether from the United States	227
or any department, administration, or agency thereof, or	228
otherwise, proceeds of such bonds to the extent that use thereof	229
for payment of principal of, premium, if any, or interest on the	230
bonds is authorized by the authority, proceeds from any insurance,	231
condemnation, or guaranty pertaining to a project or property	232
mortgaged to secure bonds or pertaining to the financing of the	233
project, and income and profit from the investment of the proceeds	234
of air quality revenue bonds or of any revenues.	235

(L) "Public roads" includes all public highways, roads, and	236
streets in the state, whether maintained by the state, county,	237
city, township, or other political subdivision.	238

(M) "Public utility facilities" includes tracks, pipes,	239
mains, conduits, cables, wires, towers, poles, and other equipment	240
and appliances of any public utility.	241

(N) "Construction," unless the context indicates a different	242
meaning or intent, includes reconstruction, enlargement,	243
improvement, or providing furnishings or equipment.	244

(O) "Air quality revenue bonds," unless the context	245
indicates a different meaning or intent, includes air quality	246
revenue notes, air quality revenue renewal notes, and air quality	247
revenue refunding bonds, except that notes issued in anticipation	248
of the issuance of bonds shall have a maximum maturity of five	249
years as provided in section 3706.05 of the Revised Code and notes	250
or renewal notes issued as the definitive obligation may be issued	251
maturing at such time or times with a maximum maturity of forty	252
years from the date of issuance of the original note.	253

(P) "Solid waste" means any garbage; refuse; sludge from a	254
waste water treatment plant, water supply treatment plant, or air	255
pollution control facility; and other discarded material,	256
including solid, liquid, semisolid, or contained gaseous material	257
resulting from industrial, commercial, mining, and agricultural	258
operations, and from community activities, but not including solid	259
or dissolved material in domestic sewage, or solid or dissolved	260
material in irrigation return flows or industrial discharges that	261
are point sources subject to permits under section 402 of the	262
"Federal Water Pollution Control Act Amendments of 1972," 86 Stat.	263
880, 33 U.S.C.A. 1342, as amended, or source, special nuclear, or	264
byproduct material as defined by the "Atomic Energy Act of 1954,"	265
68 Stat. 921, 42 U.S.C.A. 2011, as amended.	266

(Q) "Sludge" means any solid, semisolid, or liquid waste,	267
other than a recyclable byproduct, generated from a municipal,	268
commercial, or industrial waste water treatment plant, water	269
supply plant, or air pollution control facility or any other such	270
wastes having similar characteristics and effects.	271

(R) "Ethanol or other biofuel facility" means a plant at	272
which ethanol or other biofuel is produced.	273

(S) "Ethanol" means fermentation ethyl alcohol derived from	274
agricultural products, including potatoes, cereal, grains, cheese	275
whey, and sugar beets; forest products; or other renewable or	276
biomass resources, including residue and waste generated from the	277
production, processing, and marketing of agricultural products,	278
forest products, and other renewable or biomass resources, that	279
meets all of the specifications in the American society for	280
testing and materials (ASTM) specification D 4806-88 and is	281
denatured as specified in Parts 20 and 21 of Title 27 of the Code	282
of Federal Regulations.	283

(T) "Biofuel" means any fuel that is made from cellulosic	284
biomass resources, including renewable organic matter, crop waste	285
residue, wood, aquatic plants and other crops, animal waste, solid	286
waste, or sludge, and that is used for the production of energy	287
for transportation or other purposes.	288

Sec. 5733.46. (A) As used in this section:

289

(1) "Ethanol" means fermentation ethyl alcohol derived from	290
agricultural products, including potatoes, cereal, grains, cheese	291
whey, and sugar beets; forest products; or other renewable	292
resources, including residue and waste generated from the	293
production, processing, and marketing of agricultural products,	294
forest products, and other renewable resources that meet all of	295
the specifications in the American society for testing and	296
materials (ASTM) specification D 4806-88 and is denatured as	297
specified in Parts 20 and 21 of Title 27 of the Code of Federal	298
Regulations.	299

(2) "Certified ethanol plant" means a facility at which	300
ethanol is produced and for which a certificate has been issued	301
under section 901.13 of the Revised Code.	302

(3) "Money" means United States currency, or a check, draft,	303
or cashier's check for United States currency, payable on demand	304
and drawn on a bank.	305

(B) Beginning in tax year 2003 and ending in tax year 2013,	306
there is hereby allowed a nonrefundable credit against the tax	307
imposed by section 5733.06 of the Revised Code for a taxpayer that	308
invests money in a certified ethanol plant. The amount of the	309
credit equals fifty per cent of the money the taxpayer invests in	310
the plant, but the credit amount shall not exceed five thousand	311
dollars per taxpayer per certified ethanol plant regardless of the	312
number of years in which the taxpayer makes investments. The	313
credit shall be claimed in the tax year immediately following the	314
calendar year in which the investment was made.	315

(C) The taxpayer shall claim the credit in the order	316
required by section 5733.98 of the Revised Code. Any credit	317
amount in excess of the tax due under section 5733.06 of the	318
Revised Code, after allowing for any other credits preceding the	319
credit in that order, may be carried forward for three tax years,	320
but the amount of the excess credit allowed in any such year shall	321
be deducted from the balance carried forward to the next year.	322

(D) The tax commissioner may require that the taxpayer	323
furnish information as is necessary to support the claim for the	324
credit under this section, and no credit shall be allowed unless	325
the information is provided.	326

Sec. 5733.98.  (A) To provide a uniform procedure for	328
calculating the amount of tax imposed by section 5733.06 of the	329
Revised Code that is due under this chapter, a taxpayer shall	330
claim any credits to which it is entitled in the following order,	331
except as otherwise provided in section 5733.058 of the Revised	332
Code:	333

(1) The credit for taxes paid by a qualifying pass-through	334
entity allowed under section 5733.0611 of the Revised Code;	335

(2) The credit allowed for financial institutions under	336
section 5733.45 of the Revised Code;	337

(3) The credit for qualifying affiliated groups under section	338
5733.068 of the Revised Code;	339

(4) The subsidiary corporation credit under section 5733.067	340
of the Revised Code;	341

(5) The savings and loan assessment credit under section	342
5733.063 of the Revised Code;	343

(6) The credit for recycling and litter prevention donations	344
under section 5733.064 of the Revised Code;	345

(7) The credit for employers that enter into agreements with	346
child day-care centers under section 5733.36 of the Revised Code;	347

(8) The credit for employers that reimburse employee child	348
day-care expenses under section 5733.38 of the Revised Code;	349

(9) The credit for maintaining railroad active grade crossing	350
warning devices under section 5733.43 of the Revised Code;	351

(10) The credit for purchases of lights and reflectors under	352
section 5733.44 of the Revised Code;	353

(11) The job retention credit under division (B) of section	354
5733.0610 of the Revised Code;	355

(12) The credit for manufacturing investments under section	356
5733.061 of the Revised Code;	357

(13) The credit for purchases of new manufacturing machinery	358
and equipment under section 5733.31 or section 5733.311 of the	359
Revised Code;	360

(14) The second credit for purchases of new manufacturing	361
machinery and equipment under section 5733.33 of the Revised Code;	362

(15) The job training credit under section 5733.42 of the	363
Revised Code;	364

(16) The credit for qualified research expenses under	365
section 5733.351 of the Revised Code;	366

(17) The enterprise zone credit under section 5709.66 of the	367
Revised Code;	368

(18) The credit for the eligible costs associated with a	369
voluntary action under section 5733.34 of the Revised Code;	370

(19) The credit for employers that establish on-site child	371
day-care under section 5733.37 of the Revised Code;	372

(20) The ethanol plant investment credit under section	373
5733.46 of the Revised Code;	374

(21) The credit for purchases of qualifying grape production	375
property under section 5733.32 of the Revised Code;	376

(21)(22) The export sales credit under section 5733.069 of	377
the Revised Code;	378

(22)(23) The credit for research and development and	379
technology transfer investors under section 5733.35 of the Revised	380
Code;	381

(23)(24) The enterprise zone credits under section 5709.65 of	382
the Revised Code;	383

(24)(25) The credit for using Ohio coal under section	384
5733.39 of the Revised Code;	385

(25)(26) The refundable jobs creation credit under division	386
(A) of section 5733.0610 of the Revised Code.	387

(B) For any credit except the refundable jobs creation	388
credit, the amount of the credit for a tax year shall not exceed	389
the tax due after allowing for any other credit that precedes it	390
in the order required under this section. Any excess amount of a	391
particular credit may be carried forward if authorized under the	392
section creating that credit.	393

Sec. 5747.75. (A) As used in this section:

394

(1) "Ethanol" means fermentation ethyl alcohol derived from	395
agricultural products, including potatoes, cereal, grains, cheese	396
whey, and sugar beets; forest products; or other renewable	397
resources, including residue and waste generated from the	398
production, processing, and marketing of agricultural products,	399
forest products, and other renewable resources that meet all of	400
the specifications in the American society for testing and	401
materials (ASTM) specification D 4806-88 and is denatured as	402
specified in Parts 20 and 21 of Title 27 of the Code of Federal	403
Regulations.	404

(2) "Certified ethanol plant" means a facility at which	405
ethanol is produced and for which a certificate has been issued	406
under section 901.13 of the Revised Code.	407

(3) "Money" means United States currency, or a check, draft,	408
or cashier's check for United States currency, payable on demand	409
and drawn on a bank.	410

(B) Beginning in taxable year 2002 and ending in taxable	411
year 2012, there is hereby allowed a nonrefundable credit against	412
the tax imposed by section 5747.02 of the Revised Code for a	413
taxpayer that invests money in a certified ethanol plant. The	414
amount of the credit equals fifty per cent of the money the	415
taxpayer invests in the plant, but the credit amount shall not	416
exceed five thousand dollars per taxpayer per certified ethanol	417
plant regardless of the number of years in which the taxpayer	418
makes investments. The credit shall be claimed for the taxable	419
year during which the investment was made.	420

(C) The taxpayer shall claim the credit in the order	421
required by section 5747.98 of the Revised Code. Any credit	422
amount in excess of the tax due under section 5747.02 of the	423
Revised Code, after allowing for any other credits preceding the	424
credit in that order, may be carried forward for three taxable	425
years, but the amount of the excess credit allowed in any such	426
year shall be deducted from the balance carried forward to the	427
next year.	428

(D) If the taxpayer is a direct or indirect investor in a	429
pass-through entity that has made an investment under this	430
section, the taxpayer may claim its proportionate or distributive	431
share of the credit allowed under this section.	432

(E) The tax commissioner may require that the taxpayer	433
furnish information as is necessary to support the claim for the	434
credit under this section, and no credit shall be allowed unless	435
the information is provided.	436

Sec. 5747.98.  (A) To provide a uniform procedure for	437
calculating the amount of tax due under section 5747.02 of the	438
Revised Code, a taxpayer shall claim any credits to which the	439
taxpayer is entitled in the following order:	440

(1) The retirement income credit under division (B) of	441
section 5747.055 of the Revised Code;	442

(2) The senior citizen credit under division (C) of section	443
5747.05 of the Revised Code;	444

(3) The lump sum distribution credit under division (D) of	445
section 5747.05 of the Revised Code;	446

(4) The dependent care credit under section 5747.054 of the	447
Revised Code;	448

(5) The lump sum retirement income credit under division (C)	449
of section 5747.055 of the Revised Code;	450

(6) The lump sum retirement income credit under division (D)	451
of section 5747.055 of the Revised Code;	452

(7) The lump sum retirement income credit under division (E)	453
of section 5747.055 of the Revised Code;	454

(8) The credit for displaced workers who pay for job	455
training under section 5747.27 of the Revised Code;	456

(9) The campaign contribution credit under section 5747.29	457
of the Revised Code;	458

(10) The twenty-dollar personal exemption credit under	459
section 5747.022 of the Revised Code;	460

(11) The joint filing credit under division (G) of section	461
5747.05 of the Revised Code;	462

(12) The nonresident credit under division (A) of section	463
5747.05 of the Revised Code;	464

(13) The credit for a resident's out-of-state income under	465
division (B) of section 5747.05 of the Revised Code;	466

(14) The credit for employers that enter into agreements	467
with child day-care centers under section 5747.34 of the Revised	468
Code;	469

(15) The credit for employers that reimburse employee child	470
day-care expenses under section 5747.36 of the Revised Code;	471

(16) The credit for adoption of a minor child under section	472
5747.37 of the Revised Code;	473

(17) The credit for purchases of lights and reflectors under	474
section 5747.38 of the Revised Code;	475

(18) The job retention credit under division (B) of section	476
5747.058 of the Revised Code;	477

(19) The credit for manufacturing investments under section	478
5747.051 of the Revised Code;	479

(20) The credit for purchases of new manufacturing machinery	480
and equipment under section 5747.26 or section 5747.261 of the	481
Revised Code;	482

(21) The second credit for purchases of new manufacturing	483
machinery and equipment and the credit for using Ohio coal under	484
section 5747.31 of the Revised Code;	485

(22) The job training credit under section 5747.39 of the	486
Revised Code;	487

(23) The enterprise zone credit under section 5709.66 of the	488
Revised Code;	489

(24) The credit for the eligible costs associated with a	490
voluntary action under section 5747.32 of the Revised Code;	491

(25) The credit for employers that establish on-site child	492
day-care centers under section 5747.35 of the Revised Code;	493

(26) The ethanol plant investment credit under section	494
5747.75 of the Revised Code;	495

(27) The credit for purchases of qualifying grape production	496
property under section 5747.28 of the Revised Code;	497

(27)(28) The export sales credit under section 5747.057 of	498
the Revised Code;	499

(28)(29) The credit for research and development and	500
technology transfer investors under section 5747.33 of the Revised	501
Code;	502

(29)(30) The enterprise zone credits under section 5709.65	503
of the Revised Code;	504

(30)(31) The refundable jobs creation credit under division	505
(A) of section 5747.058 of the Revised Code;	506

(31)(32) The refundable credit for taxes paid by a	507
qualifying entity granted under section 5747.059 of the Revised	508
Code;	509

(32)(33) The refundable credits for taxes paid by a	510
qualifying pass-through entity granted under division (J) of	511
section 5747.08 of the Revised Code.	512

(B) For any credit, except the refundable credits enumerated	513
in divisions (A)(30), (31), and (32), and (33) of this section	514
and the credit granted under division (I) of section 5747.08 of	515
the Revised Code, the amount of the credit for a taxable year	516
shall not exceed the tax due after allowing for any other credit	517
that precedes it in the order required under this section. Any	518
excess amount of a particular credit may be carried forward if	519
authorized under the section creating that credit. Nothing in this	520
chapter shall be construed to allow a taxpayer to claim, directly	521
or indirectly, a credit more than once for a taxable year.	522

Section 2. That existing sections 3706.01, 5733.98, and	523
5747.98 of the Revised Code are hereby repealed.	524

Section 3. This act is hereby declared to be an emergency	525
measure necessary for the immediate preservation of the public	526
peace, health, and safety. The reason for such necessity is that	527
the act is vital to stimulating the state's economy and to	528
promoting its number one industry, agriculture. It is imperative	529
that it take effect in time for the spring planting season.	530
Therefore, this act shall go into immediate effect.	531