Lame Duck Results in Energy-Efficiency Deductions for Public Buildings and Airport Development Districts

Feb 12, 2021 | News, Newsletter

By Daniel B. MayJeffry D. HarrisRobert F. McCarthy
Bricker & Eckler LLP.

 

New legislation enacted during the recent lame duck session of the General Assembly may alter the allocation of the federal income tax deduction granted for the design and installation of energy-efficient commercial building fixtures. Substitute Senate Bill 259, signed by Governor DeWine on January 9, 2021, requires public entities to allocate the energy-efficient buildings tax deduction to designers of public buildings upon such designers’ requests. (Note that public entities are prohibited from accepting fees, payments, or any other consideration for allocating the deduction.) After receiving an allocation request, the public entity has 15 days to respond, otherwise, the request is treated as though it was approved.

Senate Bill 259 also authorizes the creation of airport development districts (ADDs). New R.C. section 308.20 et seq. made available to certain entities an economic development tool to generate revenue for airport infrastructure improvements and induce increases in the volume of flights. To qualify as an ADD, an airport facility must be owned, operated or maintained by the following specifically tailored entities:  a regional airport authority (including territory located in two counties), of which at least one such county has a population between 500,000 and 800,000; a port authority (as created by two counties), each having a population between 200,000 and 250,000; or, a municipal corporation (as the most populous in its county), in which the county has a population between 500,000 and 840,000.

If an airport qualifies as an ADD, it can generate revenue through development charges on real property within the ADD’s territory. The development charges must be approved by the owners of at least 60 percent of the property located within such airport development districts. The revenue may be used for airport operating costs, planning and design, and infrastructure. As in other economic development settings, like new community authorities, development charges become covenants running with the land, and are enforceable against subsequent property owners.

This is for informational purposes only. It is not intended to be legal advice and does not create or imply an attorney-client relationship.

 

Roseville Officials Invest $7M to Revive Village, Offer New Business Opportunities

ROSEVILLE – Nearly a decade of grant-funded projects are transforming the village of Roseville.

Few will have the impact of a the new supermarket building. “It will be the centerpiece of a new downtown,” said Heidi Milner, the village’s fiscal officer.

It is nearing completion on part of the former Ungemach Pottery site on Potters Lane. Construction was funded by $750,000 in grants, the bulk of which was a USDA Rural Development Grant, and local investment. The new building features a grocery store, restaurant space and a walk-up window that could be used for ice cream orders. Garage doors on each side of the dining area will give it a pleasant summer atmosphere, as will a patio behind the building that opens facing the levy.

read more

Clinton County Port Authority Launches New Website

WILMINGTON, OH — The Clinton County Port Authority (CCPA) recently launched a new website, created by Golden Shovel Agency, to further strengthen its online presence and the economic growth of the community. The new site includes county-wide data, information specifically collected for site selectors, and local business resources to serve as a one-stop-shop for companies considering new investment or expansion in Clinton County.

read more