To amend sections 5747.08, 5747.98, and 5751.98 and to enact sections 1551.41 to 1551.47, 5747.81, and 5751.54 of the Revised Code to create tax credits for constructing energy efficient and environmentally responsible buildings.

Section 1.  That sections 5747.08, 5747.98, and 5751.98 be amended and sections 1551.41, 1551.42, 1551.43, 1551.44, 1551.45, 1551.46, 1551.47, 5747.81, and 5751.54 of the Revised Code be enacted to read as follows:

Sec. 1551.41.  As used in sections 1551.41 to 1551.47 of the Revised Code:

(A) "Allowable costs" means amounts charged to a capital account that are paid or incurred with respect to the construction or rehabilitation of an eligible building on or after January 1, 2007. "Allowable costs" include the cost of the following:

(1) Building materials;

(2) Interest paid or incurred during the construction or rehabilitation process on construction or rehabilitation loans;

(3) Closing costs for construction or rehabilitation loans;

(4) Architectural, engineering, and other professional fees attributable to the construction or rehabilitation;

(5) Lighting, plumbing, electrical wiring, ventilation, and other finishes and furnishings approved under rules adopted by the director of development under section 1551.47 of the Revised Code;

(6) Testing and adjusting heat, ventilation, air conditioning, and other systems to assure proper functioning and adherence to design criteria;

(7) Preparing system operation manuals for heat, ventilation, air conditioning, and other systems; and

(8) Training maintenance personnel in the operation of heat, ventilation, air conditioning, and other systems.

"Allowable costs" do not include legal fees; the cost of telephone systems or computers; site costs such as temporary electrical wiring, scaffolding, demolition, fencing, and security; and finishes and furnishings not approved under rules adopted by the director of development.

(B) "Alternate energy source" means any of the following devices if the device is capable of monitoring its own energy output:

(1) A fuel cell that produces electricity from hydrogen or hydrocarbon fuel through a noncombustive electrochemical process;

(2) A wind turbine; or

(3) A photovoltaic module.

(C) "Eligible building" means a building located in this state, construction or rehabilitation of which is completed on or after January 1, 2007, and:

(1) In the case of a newly constructed building for which a certificate of occupancy is issued by the building official with jurisdiction before the effective date of the enactment of this section by ........ of the 127th general assembly:

(a) Consists of at least twenty thousand square feet of interior space and is used primarily for nonresidential purposes; or

(b) Is used for residential purposes and consists of at least twelve separate dwelling units and at least twenty thousand square feet of interior space.

(2) In the case of a newly constructed building for which a certificate of occupancy is issued by the building official with jurisdiction on or after the effective date of the enactment of this section by ........ of the 127th general assembly:

(a) Is located on a brownfield as defined in section 122.65 of the Revised Code or in a distressed area as defined in section 122.16 of the Revised Code; and

(b) Is not located on any wetland the alteration of which requires a permit under the federal Clean Water Act of 1977, 91 Stat. 1566, 33 U.S.C.A. 1251.

(3) In the case of a rehabilitated building, a building that:

(a) Has total square footage that has increased by twenty-five per cent or less since the date on which the building was first erected; and

(b) Is located on a brownfield as defined in section 122.65 of the Revised Code or in a distressed area as defined in section 122.16 of the Revised Code.

(D) "Cost" and "purchase" have the same meanings as in section 179 of the Internal Revenue Code.

(E) "Green base components" means an eligible building's structural components and all areas of the building not intended for human occupancy that satisfy the criteria for green base components prescribed by the director of development under section 1551.47 of the Revised Code. "Green base components" include, without limitation, exterior walls, floors, windows, roofs, foundations, chimneys, parking areas, mechanical rooms, mechanical systems, lobbies, stairwells, shafts, and corridors.

(F) "Green tenant space" means those portions of an eligible building that are intended for human occupancy and that satisfy the criteria prescribed by the director for green tenant space under section 1551.47 of the Revised Code.

(G) "Incremental cost of photovoltaic modules" means the total of the following:

(1) The cost of building-integrated photovoltaic modules and any associated inverter; additional wiring or other electrical equipment for the modules; and additional mounting or structural materials, less the cost of spandrel glass or other building materials that would have been used even had building-integrated modules not been installed;

(2) The labor costs allocable to on-site preparation, assembly, and original installation of building-integrated photovoltaic modules, less the labor costs that would have been incurred had building-integrated modules not been installed; and

(3) The costs incurred for architectural and engineering services and designs purchased for the sole purpose of installing the building-integrated photovoltaic modules.

(H) "Taxable year" has the same meaning as in section 5747.01 of the Revised Code.

(I) "Tax period" has the same meaning as in section 5751.01 of the Revised Code.

Sec. 1551.42.  (A) On or after January 1, 2008, the owner of an eligible building may apply to the director of development for a green building tax credit certificate authorizing the owner to claim a tax credit under section 5747.81 or 5751.54 of the Revised Code for allowable costs incurred in constructing or rehabilitating the owner's eligible building and for the costs incurred in installing alternate energy sources to serve the building. A sole proprietorship or a pass-through entity as defined in section 5733.04 of the Revised Code that is subject to the tax levied under Chapter 5751. of the Revised Code is eligible only for the tax credit under section 5751.54 of the Revised Code.

(B) An owner shall apply to the director for a certificate on a form and in the manner prescribed by the director. Every application for a green building tax credit certificate shall:

(1) Describe the eligible building and identify its location;

(2) Describe in detail the construction or rehabilitation and the installation of alternate energy sources, if any, that took place with respect to the owner's eligible building;

(3) Document the allowable costs associated with the construction or rehabilitation;

(4) If the owner has installed an alternate energy source for the building, document to the director's satisfaction that installation has been completed and that the alternate energy source is currently serving the owner's eligible building;

(5) If the owner installed a fuel cell or wind turbine for the eligible building, specify the capitalized costs paid or incurred with respect to the fuel cell or turbine;

(6) If the owner installed photovoltaic modules that are integrated into the structure of the eligible building, specify the incremental cost of the photovoltaic modules;

(7) If the owner installed photovoltaic modules that are not integrated into the structure of the eligible building, specify the cost paid for installing the photovoltaic modules;

(8) Specify whether the owner is applying for approval to claim a tax credit under section 5747.81 or 5751.54 of the Revised Code; and

(9) Contain any other information required by the director.

(C) Subject to section 1551.43 of the Revised Code, the director shall issue a green building tax credit certificate to an applicant if the director determines that:

(1) The owner has completed construction or rehabilitation of the eligible building and has completed installation of any alternate energy source for that eligible building;

(2) In the case of the construction of an eligible building, a certificate of occupancy has been issued for the eligible building by the building official with jurisdiction;

(3) All allowable costs for construction or rehabilitation of the eligible building and all costs associated with the installation of alternate energy sources have been documented to the director's satisfaction; and

(4) The application satisfies any criteria for issuance prescribed by the director by rule.

(D)(1) Each green building tax credit certificate issued by the director shall specify the date on which the certificate is issued. The credit shall be claimed for the taxable year or tax period, as the case may be, that includes the date on which the certificate is issued.

(2) Each green building tax credit certificate shall specify the amount of credit to which the owner is entitled. The total credit to which an owner is entitled shall be computed as the sum of the amounts computed under divisions (D)(2)(a) and (b) of this section:

(a) The portion of the credit attributable to allowable costs associated with the construction or rehabilitation of the eligible building shall be:

(i) Eight per cent of the owner's allowable costs in the case of a construction or rehabilitation that culminates in the installation of both green base components and green tenant space, provided that the allowable costs used to compute this portion of the credit shall not exceed one hundred twenty dollars for each square foot of green base components and sixty dollars for each square foot of green tenant space;

(ii) Six per cent of the owner's allowable costs in the case of a construction or rehabilitation that culminates in the installation of green base components only, provided that the allowable costs used to compute this portion of the credit shall not exceed one hundred twenty dollars for each square foot of green base components;

(iii) Six per cent of the owner's allowable costs in the case of a construction or rehabilitation that culminates in the installation of green tenant space only, provided that the allowable costs used to compute this portion of the credit shall not exceed sixty dollars for each square foot of green tenant space.

(b) The portion, if any, of the credit attributable to costs incurred in installing alternate energy sources for the eligible building shall be the sum of the applicable amounts computed under divisions (D)(2)(b)(i) to (iii) of this section:

(i) If the eligible building's owner installed one or more fuel cells, thirty per cent of the capitalized costs paid or incurred for each fuel cell installed, including the cost of the foundation or platform on which the fuel cell or cells are situated and labor costs associated with installation, less the amount of any public grant received by the owner for installing the fuel cell or cells, and provided that the costs used to compute this portion of the credit shall not exceed one thousand dollars for each kilowatt of installed direct current (DC) rated capacity of each fuel cell;

(ii) If the eligible building's owner installed one or more wind turbines, twenty-five per cent of the capitalized costs paid or incurred for each wind turbine installed, including the cost of the foundation or platform on which the wind turbine or turbines are situated and labor costs associated with the installation;

(iii) If the eligible building's owner installed photovoltaic modules, the lesser of the amounts computed under division (D)(2)(b)(iii)(I) and (II) of this section:

(I) Twenty per cent of the incremental cost of photovoltaic modules that are directly integrated into the structure of the eligible building and twenty-five per cent of the cost paid or incurred for installing photovoltaic modules that are not directly integrated into the structure of the eligible building, including the cost of the foundation or platform on which the non-building-integrated modules are situated and labor costs associated with their installation;

(II) The product obtained by multiplying three dollars times the number of watts included in the direct current (DC) rated capacity of the photovoltaic modules installed.

(E) The director shall not issue green building tax credit certificates after December 31, 2016.

Sec. 1551.43.  (A) As used in this section, "applicable calendar year limitation" means:

(1) One million dollars for calendar year 2008;

(2) Two million dollars for calendar year 2009;

(3) Three million dollars for calendar year 2010;

(4) Four million dollars for calendar year 2011;

(5) Five million dollars for calendar year 2012;

(6) Four million dollars for calendar year 2013;

(7) Three million dollars for calendar year 2014;

(8) Two million dollars for calendar year 2015;

(9) One million dollars for calendar year 2016.

(B)(1) Except as provided in division (B)(2) of this section, the director of development shall not in any calendar year issue a green building tax credit certificate if issuing the certificate would cause the total amount of credits approved during that calendar year to exceed the applicable calendar year limitation.

(2) If the total amount of credits approved in any calendar year is less than the applicable calendar year limitation for that year, the excess may be carried forward to one or more succeeding calendar years and used to increase the applicable calendar year limitations for those years.

Sec. 1551.44.  On the fifteenth day of January each year beginning in 2009 and ending in 2017, the director of development shall provide to the tax commissioner a list identifying each owner of an eligible building who was issued a green building tax credit certificate during the preceding calendar year. The list shall specify the amount of credit to which each owner is entitled and the date on which it was issued.

Sec. 1551.45.  (A) In each of the first five years after the year in which a green building tax credit certificate has been issued for an eligible building, the building owner shall file with the director of development an annual certification from a licensed architect or engineer attesting that all green base components, green tenant space, or alternate energy sources for which the owner's credit was approved remain in service and continue to qualify as green base components, green tenant space, or alternate energy sources, as the case may be. The certification shall be filed in such manner and on such date as the director prescribes by rule. The certification shall be in a form and shall contain such additional information as the director requires by rule.

(B) The director of development shall adopt rules prescribing penalties for failing to submit the certification required under division (A) of this section. The rules shall include procedures for notifying owners of their failure to file and the imposition of a penalty; provide owners with the opportunity for a hearing; and prescribe criteria for waiving penalties upon an owner's showing of good cause for failing to submit a certification.

Sec. 1551.46. On or before the thirty-first day of January of each year beginning in 2009 and ending in 2017, the director of development and the tax commissioner jointly shall submit to the governor, the speaker of the house of representatives, and the president of the senate a report that:

(A) States the number of green building tax credit certificates issued during the preceding calendar year and the dollar amounts of the credits approved with respect to each certificate;

(B) Identifies the location of each eligible building for which a tax credit certificate was issued during the preceding calendar year;

(C) Describes the construction or rehabilitation completed for each eligible building for which a certificate was issued, including a description of any alternate energy sources installed for those eligible buildings;

(D) Specifies the amount of tax credits claimed by owners of eligible buildings during the calendar year; and

(E) Contains any other information, analyses, or recommendations that the director and tax commissioner consider relevant.

Sec. 1551.47.  The director of development shall adopt rules necessary to administer sections 1551.41 to 1551.46 of the Revised Code. The rules shall prescribe all of the following:

(A) Criteria that qualify structural components used in the construction or rehabilitation of an eligible building as green base components and qualify other portions of an eligible building as green tenant space, which criteria shall:

(1) Be consistent with criteria established by the United States green building council for "green buildings" or other similar criteria established by a federal agency or nonprofit organization committed to promoting the construction of environmentally responsible buildings; and

(2) Require that an eligible building's total energy consumption be sixty-five per cent, in the case of a newly constructed eligible building, or seventy-five per cent, in the case of a rehabilitated eligible building, of the total energy consumption of another appropriate building chosen by the director for comparative purposes.

(B) Finishes and furnishings in addition to lighting, plumbing, electrical wiring, and ventilation, the cost of which constitute allowable costs.

(C) Forms and procedures by which owners of eligible buildings may apply for green building tax credit certificates.

(D) Information to be included on applications for a green building tax credit certificate in addition to that required under division (B) of section 1551.42 of the Revised Code.

(E) Acceptable forms of documentation of the allowable costs incurred in constructing or rehabilitating an eligible building and the costs of installing an alternate energy source with respect to an eligible building.

(F) Acceptable forms of documentation that installation of an alternate energy source has been completed and is serving an eligible building.

(G) Any criteria for issuance of a green building tax credit certificate in addition to that prescribed under division (C) of section 1551.42 of the Revised Code.

(H) Procedures and criteria for ranking, reviewing, evaluating, and approving applications for green building tax credit certificates within the applicable dollar value limitations prescribed under section 1551.43 of the Revised Code.

(I) Forms and procedures by which owners of eligible buildings shall submit the annual certifications required under section 1551.45 of the Revised Code and any information to be included in those certifications in addition to the information required under that section.

(J) Penalties for failing to submit the annual certifications required under section 1551.45 of the Revised Code, procedures for notifying owners of the imposition of those penalties, procedures for holding hearings, and criteria for waiving a penalty upon an owner's showing of good cause for failing to submit a certification.

Sec. 5747.08.  An annual return with respect to the tax imposed by section 5747.02 of the Revised Code and each tax imposed under Chapter 5748. of the Revised Code shall be made by every taxpayer for any taxable year for which the taxpayer is liable for the tax imposed by that section or under that chapter, unless the total credits allowed under divisions (E), (F), and (G) of section 5747.05 of the Revised Code for the year are equal to or exceed the tax imposed by section 5747.02 of the Revised Code, in which case no return shall be required unless the taxpayer is liable for a tax imposed pursuant to Chapter 5748. of the Revised Code.

(A) If an individual is deceased, any return or notice required of that individual under this chapter shall be made and filed by that decedent's executor, administrator, or other person charged with the property of that decedent.

(B) If an individual is unable to make a return or notice required by this chapter, the return or notice required of that individual shall be made and filed by the individual's duly authorized agent, guardian, conservator, fiduciary, or other person charged with the care of the person or property of that individual.

(C) Returns or notices required of an estate or a trust shall be made and filed by the fiduciary of the estate or trust.

(D)(1)(a) Except as otherwise provided in division (D)(1)(b) of this section, any pass-through entity may file a single return on behalf of one or more of the entity's investors other than an investor that is a person subject to the tax imposed under section 5733.06 of the Revised Code. The single return shall set forth the name, address, and social security number or other identifying number of each of those pass-through entity investors and shall indicate the distributive share of each of those pass-through entity investor's income taxable in this state in accordance with sections 5747.20 to 5747.231 of the Revised Code. Such pass-through entity investors for whom the pass-through entity elects to file a single return are not entitled to the exemption or credit provided for by sections 5747.02 and 5747.022 of the Revised Code; shall calculate the tax before business credits at the highest rate of tax set forth in section 5747.02 of the Revised Code for the taxable year for which the return is filed; and are entitled to only their distributive share of the business credits as defined in division (D)(2) of this section. A single check drawn by the pass-through entity shall accompany the return in full payment of the tax due, as shown on the single return, for such investors, other than investors who are persons subject to the tax imposed under section 5733.06 of the Revised Code.

(b)(i) A pass-through entity shall not include in such a single return any investor that is a trust to the extent that any direct or indirect current, future, or contingent beneficiary of the trust is a person subject to the tax imposed under section 5733.06 of the Revised Code.

(ii) A pass-through entity shall not include in such a single return any investor that is itself a pass-through entity to the extent that any direct or indirect investor in the second pass-through entity is a person subject to the tax imposed under section 5733.06 of the Revised Code.

(c) Nothing in division (D) of this section precludes the tax commissioner from requiring such investors to file the return and make the payment of taxes and related interest, penalty, and interest penalty required by this section or section 5747.02, 5747.09, or 5747.15 of the Revised Code. Nothing in division (D) of this section shall be construed to provide to such an investor or pass-through entity any additional deduction or credit, other than the credit provided by division (J) of this section, solely on account of the entity's filing a return in accordance with this section. Such a pass-through entity also shall make the filing and payment of estimated taxes on behalf of the pass-through entity investors other than an investor that is a person subject to the tax imposed under section 5733.06 of the Revised Code.

(2) For the purposes of this section, "business credits" means the credits listed in section 5747.98 of the Revised Code excluding the following credits:

(a) The retirement credit under division (B) of section 5747.055 of the Revised Code;

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

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

(d) The dependent care credit under section 5747.054 of the Revised Code;

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

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

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

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

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

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

(k) The nonresident credit under division (A) of section 5747.05 of the Revised Code;

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

(m) The low-income credit under section 5747.056 of the Revised Code;

(n) The credit for constructing or rehabilitating eligible buildings and for installing alternate energy sources at eligible buildings under section 5747.81 of the Revised Code.

(3) The election provided for under division (D) of this section applies only to the taxable year for which the election is made by the pass-through entity. Unless the tax commissioner provides otherwise, this election, once made, is binding and irrevocable for the taxable year for which the election is made. Nothing in this division shall be construed to provide for any deduction or credit that would not be allowable if a nonresident pass-through entity investor were to file an annual return.

(4) If a pass-through entity makes the election provided for under division (D) of this section, the pass-through entity shall be liable for any additional taxes, interest, interest penalty, or penalties imposed by this chapter if the tax commissioner finds that the single return does not reflect the correct tax due by the pass-through entity investors covered by that return. Nothing in this division shall be construed to limit or alter the liability, if any, imposed on pass-through entity investors for unpaid or underpaid taxes, interest, interest penalty, or penalties as a result of the pass-through entity's making the election provided for under division (D) of this section. For the purposes of division (D) of this section, "correct tax due" means the tax that would have been paid by the pass-through entity had the single return been filed in a manner reflecting the tax commissioner's findings. Nothing in division (D) of this section shall be construed to make or hold a pass-through entity liable for tax attributable to a pass-through entity investor's income from a source other than the pass-through entity electing to file the single return.

(E) If a husband and wife file a joint federal income tax return for a taxable year, they shall file a joint return under this section for that taxable year, and their liabilities are joint and several, but, if the federal income tax liability of either spouse is determined on a separate federal income tax return, they shall file separate returns under this section.

If either spouse is not required to file a federal income tax return and either or both are required to file a return pursuant to this chapter, they may elect to file separate or joint returns, and, pursuant to that election, their liabilities are separate or joint and several. If a husband and wife file separate returns pursuant to this chapter, each must claim the taxpayer's own exemption, but not both, as authorized under section 5747.02 of the Revised Code on the taxpayer's own return.

(F) Each return or notice required to be filed under this section shall contain the signature of the taxpayer or the taxpayer's duly authorized agent and of the person who prepared the return for the taxpayer, and shall include the taxpayer's social security number. Each return shall be verified by a declaration under the penalties of perjury. The tax commissioner shall prescribe the form that the signature and declaration shall take.

(G) Each return or notice required to be filed under this section shall be made and filed as required by section 5747.04 of the Revised Code, on or before the fifteenth day of April of each year, on forms that the tax commissioner shall prescribe, together with remittance made payable to the treasurer of state in the combined amount of the state and all school district income taxes shown to be due on the form, unless the combined amount shown to be due is one dollar or less, in which case that amount need not be remitted.

Upon good cause shown, the tax commissioner may extend the period for filing any notice or return required to be filed under this section and may adopt rules relating to extensions. If the extension results in an extension of time for the payment of any state or school district income tax liability with respect to which the return is filed, the taxpayer shall pay at the time the tax liability is paid an amount of interest computed at the rate per annum prescribed by section 5703.47 of the Revised Code on that liability from the time that payment is due without extension to the time of actual payment. Except as provided in section 5747.132 of the Revised Code, in addition to all other interest charges and penalties, all taxes imposed under this chapter or Chapter 5748. of the Revised Code and remaining unpaid after they become due, except combined amounts due of one dollar or less, bear interest at the rate per annum prescribed by section 5703.47 of the Revised Code until paid or until the day an assessment is issued under section 5747.13 of the Revised Code, whichever occurs first.

If the tax commissioner considers it necessary in order to ensure the payment of the tax imposed by section 5747.02 of the Revised Code or any tax imposed under Chapter 5748. of the Revised Code, the tax commissioner may require returns and payments to be made otherwise than as provided in this section.

To the extent that any provision in this division conflicts with any provision in section 5747.026 of the Revised Code, the provision in that section prevails.

(H) If any report, claim, statement, or other document required to be filed, or any payment required to be made, within a prescribed period or on or before a prescribed date under this chapter is delivered after that period or that date by United States mail to the agency, officer, or office with which the report, claim, statement, or other document is required to be filed, or to which the payment is required to be made, the date of the postmark stamped on the cover in which the report, claim, statement, or other document, or payment is mailed shall be deemed to be the date of delivery or the date of payment.

If a payment is required to be made by electronic funds transfer pursuant to section 5747.072 of the Revised Code, the payment is considered to be made when the payment is received by the treasurer of state or credited to an account designated by the treasurer of state for the receipt of tax payments.

"The date of the postmark" means, in the event there is more than one date on the cover, the earliest date imprinted on the cover by the United States postal service.

(I) The amounts withheld by the employer pursuant to section 5747.06 of the Revised Code shall be allowed to the recipient of the compensation as credits against payment of the appropriate taxes imposed on the recipient by section 5747.02 and under Chapter 5748. of the Revised Code.

(J) If, in accordance with division (D) of this section, a pass-through entity elects to file a single return and if any investor is required to file the return and make the payment of taxes required by this chapter on account of the investor's other income that is not included in a single return filed by a pass-through entity, the investor is entitled to a refundable credit equal to the investor's proportionate share of the tax paid by the pass-through entity on behalf of the investor. The investor shall claim the credit for the investor's taxable year in which or with which ends the taxable year of the pass-through entity. Nothing in this chapter shall be construed to allow any credit provided in this chapter to be claimed more than once. For the purposes of computing any interest, penalty, or interest penalty, the investor shall be deemed to have paid the refundable credit provided by this division on the day that the pass-through entity paid the estimated tax or the tax giving rise to the credit.

Sec. 5747.81.  An individual who has been issued a green building tax credit certificate under section 1551.42 of the Revised Code may claim a nonrefundable credit against the tax imposed by section 5747.02 of the Revised Code. The amount of the credit shall be the amount specified in the certificate and shall be claimed for the taxable year that includes the date on which the certificate is issued. The credit shall be claimed in the order required under section 5747.98 of the Revised Code. If the credit to which a taxpayer would otherwise be entitled under this section for the taxable year is greater than the tax otherwise due, after allowing for any other credit that precedes the credit allowed under this section in the order required under section 5747.98 of the Revised Code, the excess may be carried forward as a nonrefundable credit for the ensuing ten taxable years, provided that the taxpayer shall deduct the amount of the excess credit allowed in any taxable year from the balance carried forward to the next taxable year.

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

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

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

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

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

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

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

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

(8) The low-income credit under section 5747.056 of the Revised Code;

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

(10) The campaign contribution credit under section 5747.29 of the Revised Code;

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

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

(13) The nonresident credit under division (A) of section 5747.05 of the Revised Code;

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

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

(16) The credit for employers that reimburse employee child care expenses under section 5747.36 of the Revised Code;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(31) The research and development credit under section 5747.331 of the Revised Code;

(32) The credit for constructing or rehabilitating eligible buildings and for installing alternate energy sources at eligible buildings under section 5747.81 of the Revised Code;

(33) The refundable credit for rehabilitating a historic building under section 5747.76 of the Revised Code;

(33)(34) The refundable jobs creation credit under division (A) of section 5747.058 of the Revised Code;

(34)(35) The refundable credit for taxes paid by a qualifying entity granted under section 5747.059 of the Revised Code;

(35)(36) The refundable credits for taxes paid by a qualifying pass-through entity granted under division (J) of section 5747.08 of the Revised Code;

(36)(37) The refundable credit for tax withheld under division (B)(1) of section 5747.062 of the Revised Code;

(37)(38) The refundable credit under section 5747.80 of the Revised Code for losses on loans made to the Ohio venture capital program under sections 150.01 to 150.10 of the Revised Code.

(B) For any credit, except the credits enumerated in divisions (A)(32)(33) to (37)(38) of this section and the credit granted under division (I) of section 5747.08 of the Revised Code, the amount of the credit for a taxable year shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating that credit. Nothing in this chapter shall be construed to allow a taxpayer to claim, directly or indirectly, a credit more than once for a taxable year.

Sec. 5751.54.  A taxpayer that has been issued a tax credit certificate under section 1551.42 of the Revised Code may claim a nonrefundable credit against the tax imposed by this chapter. The amount of the credit shall be the amount specified on the certificate and shall be claimed for the tax period that includes the date on which the certificate is issued. The credit shall be claimed in the order required under section 5751.98 of the Revised Code. If the credit exceeds the taxpayer's tax liability for the tax period after allowance for any other credits that precede the credit under this section in that order, the excess may be carried forward as a nonrefundable credit to ensuing tax periods, provided that:

(A) The excess may not be carried forward to any tax period that begins more than ten years after the end of the first tax period for which the credit is claimed; and

(B) The taxpayer shall deduct the amount of the excess credit allowed for any tax period from the balance carried forward to the next tax period.

Sec. 5751.98.  (A) To provide a uniform procedure for calculating the amount of tax due under this chapter, a taxpayer shall claim any credits to which it is entitled in the following order:

(1) The nonrefundable jobs retention credit under division (B) of section 5751.50 of the Revised Code;

(2) The nonrefundable credit for qualified research expenses under division (B) of section 5751.51 of the Revised Code;

(3) The nonrefundable credit for a borrower's qualified research and development loan payments under division (B) of section 5751.52 of the Revised Code;

(4) The nonrefundable credit for calendar years 2010 to 2029 for unused net operating losses under division (B) of section 5751.53 of the Revised Code;

(5) The nonrefundable credit for constructing or rehabilitating eligible buildings and for installing alternate energy sources at eligible buildings under section 5751.54 of the Revised Code;

(6) The refundable credit for calendar year 2030 for unused net operating losses under division (C) of section 5751.53 of the Revised Code;

(6)(7) The refundable jobs creation credit under division (A) of section 5751.50 of the Revised Code.

(B) For any credit except the credit credits enumerated in division divisions (A)(4)(6) and (7) of this section, the amount of the credit for a tax period shall not exceed the tax due after allowing for any other credit that precedes it in the order required under this section. Any excess amount of a particular credit may be carried forward if authorized under the section creating the credit.

Section 2.  That existing sections 5747.08, 5747.98, and 5751.98 of the Revised Code are hereby repealed.