330-210-0045 Small Premium Project Review Process (1) Projects with qualifying costs of less than $20,000 may utilize the small premium project informational filing process, instead of the preliminary certification and competitive review process, if the project complies with the minimum department-established standards. (a) Qualifying costs for the purposes of the small premium project informational filing process are determined by the predetermined tax credit amounts based on savings and cost. The department will post the predetermined tax credit amounts. Based on the estimated predetermined tax credit, the department will calculate the qualifying cost for the project. (b) Based on the requested predetermined tax credit amount in the informational filing, the department will reserve a tax credit for the project. (c) Energy conservation projects with qualifying costs of less than $20,000 may participate in the preliminary certification process. Applicants may not receive an energy conservation tax credit for the same project from both processes. (2) The department will issue an Opportunity Announcement for small premium projects. The opportunity period will remain open from the date the department issues the Opportunity Announcement until stated in the Opportunity Announcement and could end sooner if funds are exhausted. The Opportunity Announcement will list the types of technologies with the minimum standards as defined by the department. The types of technologies may include: (a) Adjustable Flow Irrigation Pumping, (b) Agricultural Irrigation System Improvement, (c) Boiler-Vent Dampers, (d) Building Envelope Thermal Improvement, (e) Commercial Indoor Lighting, (f) Compressed Air Systems Components, (g) Direct-fired Radiant Heating in High Volume Spaces, (h) Ductless Heat Pumps with Variable Refrigerant Flow, (i) Energy Improvements to Commercial Greenhouses, (j) High Performance Homebuilding, (k) Heat Pump Service Hot Water Heating, (L) Industrial Piping Insulation, (m) LED Outdoor Lighting, (n) Premium Efficiency Electric Air Conditioning Equipment, (o) Solar Thermal Water Heating, and (p) Technology offerings approved by the department under section (9). (3) Applicants must submit a complete informational filing prior to the project’s installation or construction on the form specified in the Opportunity Announcement and include: (a) The required filing fee; and (b) Information demonstrating that the project meets the definition of an energy conservation project and is located in Oregon. (4) The required fee to submit an informational filing is non-refundable, even if the informational filing is denied. The fee will be returned if tax credits for small premium projects have been fully allocated. (5) Small premium projects are eligible for predetermined tax credit amounts based on savings and cost. During final certification, the department will determine the tax credit amount based on the certified cost, but the tax credit cannot exceed the lesser of: (a) 35 percent of the cost actually incurred that are eligible for the energy conservation project as described in OAR 330-210-0070(4); or (b) The credit reserved on the acknowledgment of the informational filing form. (6) The sum of any incentives, grants, credits and the energy conservation tax credit may not exceed total project costs. (7) The department will determine whether the project is a single energy conservation project, or is part of a larger project when considered in combination with other applications as described in OAR 330-210-0070(5). (a) For small premium projects, the department considers a single energy conservation project as one or more projects that are applied for in response to the same Opportunity Announcement, for the same technology sector, owned or controlled by the same person and located at the same building or structure. (b) The department may reduce the potential tax credit award or deny the application if the department finds that the proposed project is not a single energy conservation project as described in subsection (a). (8) If the tax credits available for small premium projects have been fully allocated before the department receives a complete informational filing from an applicant, the applicant will not be eligible for any tax credits for the project under the small premium review process but may participate in the preliminary certification competitive review process. (9) If the department finds that the informational filing is complete, the department will confirm in writing the receipt of the informational filing. The department will not process incomplete filings, and will provide written notification to the applicant of the fact that the filing is incomplete. (10) Receipt of an informational filing does not guarantee eligibility and issuance of a final certification for the tax credit. Applicants must also comply with all applicable statutory requirements and requirements listed these rules in order to receive tax credits. The department will determine the eligibility of the small premium project prior to issuing a final certificate. (11) Informational filings for small premium projects may not be amended. (12) Small premium project informational filings will expire 12 months after the date the department receives the informational filing or the sunset of the program, whichever comes first. The department must receive a complete final certification application before the end of the 12 month period or prior to the sunset of the program, whichever comes first. (13) The department may consider proposals for new technology offerings for small premium projects within this section. The proposal application will include a set of guidelines that define the information that must be submitted for department review. The department will evaluate proposals and determine whether to include the technology and the rate at which to incentivize. The department may provide an opportunity for public comment on approved proposals prior to adding them to the Opportunity Announcement. All proposals must include: (a) Regional data on the mean and range of technology unit costs, (b) Regional data on the mean and range technology unit energy savings, (c) Market projections, (d) Evaluation of barriers and opportunities to market, (e) Research references (e.g. periodical and article reviews), (f) Evidence that the technology is currently listed as an emerging energy conservation technology by the Northwest Energy Efficiency Alliance, Bonneville Power Administration, U.S. Department of Energy or other agencies recognized and approved of by the department, and (g) Any other information the department requires. Statutory/Other Authority: ORS 469.040 & 469B.306 Statutes/Other Implemented: ORS 469B.270 - 469B.306 & 315.331 History: DOE 4-2016, f. & cert. ef. 11-14-16 DOE 6-2012, f. & cert. ef. 6-19-12 DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12