justicedao/ipfs_state_laws huggingface dataset:
330-160-0040 Low-impact Hydro Electric Facilities (1) The Department recognizes the Low Impact Hydropower Institute (LIHI) as the national agency to certify hydroelectric facilities as low impact for purposes of the Oregon RPS. A hydroelectric generation facility with current certification from LIHI and that complies with other requirements of ORS 469A and these rules is eligible for the Oregon RPS. (2) For a low impact hydroelectric facility to remain eligible for the Oregon RPS, the generator representative must maintain a current LIHI certificate and provide the Department a copy of its LIHI certificate upon renewal. (3) The Department will enter into WREGIS an expiration date for a low impact hydroelectric facility’s Oregon RPS certification that matches the facility’s LIHI certificate expiration date. (4) The Department will provide written notice to a generator representative at least 60 days before its low impact hydroelectric facility’s Oregon RPS certification is scheduled to expire. (5) Upon receiving a copy of the renewed LIHI certificate from the generator representative, the Department will update the facility’s Oregon RPS certification expiration date in WREGIS with the new LIHI certificate expiration date. Statutory/Other Authority: ORS 469A.025, OL 2010 & Ch. 71(SS) Statutes/Other Implemented: ORS 469A.025 History: DOE 1-2014, f. & cert. ef. 2-10-14 DOE 1-2011, f. & cert. ef. 2-22-11 DOE 11-2010(Temp), f. & cert. ef. 8-31-10 thru 2-26-11
330-160-0060 Periodic Review of Multiple-fuel facilities (1) Multiple-fuel facilities are subject every three years to a review of the percentage of the facility’s electricity generation that is allocated to RPS-eligible fuels. (2) The Department will enter into WREGIS an expiration date for a multiple-fuel facility’s Oregon RPS certification that is three years from the date the Department completes its review of the percentage of the facility’s electricity generation that is allocated to RPS-eligible fuels. (3) The Department will provide written notice to a generator representative at least 6 months before its multiple-fuel facility’s Oregon RPS certification is scheduled to expire. (4) For a facility to remain RPS-eligible, the generator representative must complete one of the following actions prior to the facility’s Oregon RPS certification expiration date: (a) Sign a form provided by the Department attesting that the physical equipment and operation of the facility has not changed in a manner that would affect the facility’s RPS-eligible fuel allocation since that RPS-eligible fuel allocation was established; or (b) Provide to the Department an updated calculation of the facility’s RPS-eligible fuel allocation with supporting documentation requested by the Department. (5) Within 30 days of receiving the information provided by the generator representative pursuant to subsection (4) of this section, the Department will update WREGIS to extend the multiple-fuel facility’s Oregon RPS certification expiration date by three years. (6) If the Department determines that the percentage of the facility’s electricity generation allocated to RPS-eligible fuels has changed from the facility’s current RPS certification, the Department will revise the facility’s RPS-eligible fuel allocation in WREGIS accordingly and notify the generator representative of the revised fuel allocation in writing. Statutory/Other Authority: ORS 469A.130 Statutes/Other Implemented: ORS 469A.130 - 469A.145 History: DOE 1-2014, f. & cert. ef. 2-10-14
330-160-0070 Required Notice of Facility Changes For a facility to remain RPS-eligible, the generator representative must notify the Department of any change to its generating facility that constitutes a change to any of the following fields in the facility’s static data, as defined by WREGIS: multi-fuel generator indicator, generation technology, fuel type, fuel source. The generator representative must notify the Department of any such change within 30 days of updating the facility’s static data in WREGIS by providing a copy of the facility’s updated WREGIS static data to the Department. If the Department determines that a change in a facility’s static data affects the facility’s RPS eligibility, the Department will revise the facility’s RPS eligibility in WREGIS accordingly and notify the generator representative of the revision in writing. Statutory/Other Authority: ORS 469A.130 Statutes/Other Implemented: ORS 469A.130 - 469A.145 History: DOE 1-2014, f. & cert. ef. 2-10-14
330-160-0080 Thermal Energy from the Generation of Electricity Using Biomass (1) T-RECs may be used to comply with the Oregon RPS if they are created in association with the generation of qualifying thermal energy that is generated in a facility that meets the requirements of Section (3) of this rule and generated in a manner that meets the requirements of Section (4) of this rule. (2) Qualifying thermal energy must be in the form of direct heat, steam, hot water, or other useful thermal form. (3) Facility Requirements: (a) The facility must generate electricity from renewable biomass sources listed under ORS 469A.025(2) and must also generate thermal energy for a secondary purpose; (b) The age of the facility must meet the requirements of ORS 469A.020; (c) The location of the facility must meet the requirements of ORS 469A.135(2); and (d) The facility’s electric generator must have a rated capacity of at least 10 percent of the energy content of the fuel input. (4) Manner of Generation: (a) The thermal energy must be generated as a byproduct of the generation of electricity using biomass sources listed under ORS 469A.025(2). For multiple-fuel facilities, only the portion of thermal energy that is generated from eligible biomass sources is eligible for the generation of T-RECs, in accordance with OAR 330-160-0060; and (b) The thermal energy must be used for a “secondary purpose,” as defined in OAR 330-160-0015. (5) Thermal energy may not be used to comply with the Oregon RPS if: (a) It is used for “station service,” as defined in OAR 330-160-0015; (b) It is returned to the biomass conversion device that initially created the eligible thermal resource; (c) It bypasses the electricity production device; or (d) It is generated while the electricity production equipment is out of service. Statutory/Other Authority: ORS 469.040, 469A.130, OL 2016 & Ch. 28 Statutes/Other Implemented: ORS 469A.010 - 469A.025, 469A-130 - 469A.145, OL 2016 & Ch. 28 History: DOE 7-2016, f. & cert. ef. 12-21-16
330-170-0010 Purpose and Scope (1) OAR chapter 330, division 170 establishes the procedure and criteria for certifying tax credits under ORS 315.141 and 469B.403. (2) These rules apply to tax years beginning on or after January 1, 2016. Statutory/Other Authority: ORS 315.141 Statutes/Other Implemented: ORS 315.141 & 469B.403 History: DOE 1-2016, f. & cert. ef. 3-1-16 DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14 DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12 DOE 13-2010, f. & cert. ef. 11-2-10 DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-170-0020 Definitions For the purposes of OAR chapter 330, division 170 the definitions in ORS 315.141 apply and in addition the following definitions shall apply: (1) “Applicant” means an individual or a legal entity (including but not limited to any domestic or foreign corporation, trust, partnership, cooperative, or limited liability company), but does not include a nonprofit organization or a government entity, applying for the tax credit under ORS 315.141 and 469B.403. (2) “Certificate” means a document issued by the department representing the right to claim a tax credit described in ORS 315.141 for the amount described on the certificate. (3) “Charcoal” means biomass produced into a densified, carbon rich product used in filters, as an absorbent, soil amendment, or a fuel marketed for cooking purposes and not including biofuels produced by torrefaction. (4) “Department” means the Oregon Department of Energy. (5) “Director” means the Director of the department. (6) “Dry ton” means the amount of biomass that would weigh 2,000 pounds at zero percent moisture content. (7) “Firewood” as used in this rule means whole or split pieces of wood that are in a form commonly used for burning in campfires, stoves, or fireplaces. (8) “Manure” means feces and urine of domestic livestock as excreted. (9) “Oil Seed Crops” means canola, camelina, soybean, sunflower, safflower, mustard, and flaxseed grown for use as a biofuels feedstock. (10) “Rendering Offal” means the waste or by-products of a rendering process. (11) “Slash” means material from trees and woody plants, including limbs, tops, needles, leaves and other woody parts, grown in a forest, woodland, farm, rangeland or wildland-urban interface environment and collected at the harvest site. (12) “Used Cooking Oil” means waste vegetable oil from food preparation. (13) “Vegetative Biomass from Agricultural Crops” means residual material derived from crop production and crops grown solely to be used for energy, but does not include food processing residuals. (14) “Virgin Oil” means un-used oil that has been extracted from an agricultural crop. (15) “Waste Grease” means waste vegetable oil, animal fat, or organic grease from food preparation that is recovered from a grease trap, grease interceptor, grease recovery or similar device. (16) “Wastewater Biosolids” means solids derived from primary, secondary, or advanced treatment of domestic wastewater which have been treated through one or more controlled processes that significantly reduce pathogens and reduce volatile solids or chemically stabilize solids to the extent that they do not attract vectors. This term refers to domestic wastewater treatment facility solids that have undergone adequate treatment to permit their land application. This term has the same meaning as the term "sludge" in ORS 468B.095. (17) “Yard Debris” is defined in ORS 459.005(31). Statutory/Other Authority: ORS 351.141 Statutes/Other Implemented: ORS 315.141 & 469B.403 History: DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14 DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12 DOE 13-2010, f. & cert. ef. 11-2-10 DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-170-0030 Applicant Eligibility To be eligible for certification, the applicant must: (1) Be subject to taxation under ORS 316, 317 or 318; (2) Be an agricultural producer or biomass collector; (3) Have title to the biomass at the time the biomass is delivered to a biofuel producer; (4) Produce or collect the biomass in Oregon; and (5) Deliver or cause the delivery of the biomass to be: (a) Used as biofuel in Oregon; or (b) Used to produce biofuel in Oregon. Statutory/Other Authority: ORS 351.141 Statutes/Other Implemented: ORS 315.141 & 469B.403 History: DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14 DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12 DOE 13-2010, f. & cert. ef. 11-2-10 DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-170-0040 Biomass Eligibility (1) The biomass must be eligible under these rules, fall within the definitions in ORS 315.141 and have a credit rate listed in ORS 469B.403. (2) The biomass must be converted into biofuel in Oregon or used as biofuel in Oregon. (3) Waste grease that is not dewatered prior to delivery to a biofuel producer is considered to have an eligible biomass content of 10 percent of the delivered weight of the oil and water mixture, unless the applicant can demonstrate, to the satisfaction of the department, an alternative measurement. (4) Forest or rangeland woody debris must be collected and produced at the harvesting or thinning site. (5) Only one certified credit may be issued for each unit of biomass as defined in ORS 469B.403. (6) The following material is not eligible: (a) Material used to produce firewood or charcoal. (b) Construction and demolition debris, urban wood waste, yard debris. (c) Forest or rangeland woody debris not collected and produced at the harvesting or thinning site. (d) Algae. (e) Material from pre-construction or construction activities and golf courses. (f) Canola grown, collected or produced in the Willamette Valley. (g) Grain corn. (h) Other material that is not listed in ORS 315.141 or does not have a credit rate listed under ORS 469B.403. Statutory/Other Authority: ORS 351.141 Statutes/Other Implemented: ORS 315.141 & 469B.403 History: DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14 DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12 DOE 13-2010, f. & cert. ef. 11-2-10 DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-170-0060 Certification and Denial (1) If the department approves an application, the Director will issue a Certificate to the applicant identifying the name of the Certificate holder, the biomass, and the amount of the tax credit certified. (a) The amount of tax credit certified will be determined by multiplying the amount of eligible biomass delivered to a biofuel producer by the applicable tax credit rate found in ORS 469B.403. (b) Except for oil seed crops, tax credit certificates will be issued for the tax year the biomass is delivered to a biofuel producer for use in Oregon. Tax credit certificates for the production of oil seed crops used to produce biofuel will be issued for the tax year in which the oil seeds are delivered to an oil seed processor. The department will not certify tax credits for agricultural producers that produce oil seeds until documentation indicating the oil has been used in Oregon to produce biofuel is provided in accordance with these rules. (2) The department may adjust the amount of tax credit certified from the applied amount if miscalculations, inconsistencies or errors are found during the technical review. (3) If multiple types of eligible biomass are included in a load that is appropriately documented under these rules, the department will apply the lowest credit rate associated with the biomass in determining the amount of certified credit for the entire load of eligible biomass. (4) The department may review the biomass origination, production or collection activities, or the operating activities of the biofuel producer. The information gathered during a review may be used to determine if the application complies with applicable statutory provisions and rules. (5) If the department does not approve an application, the Director will provide written notice of denial, including a statement of the findings and reasons for the denial, by mail. The department may deny the application if: (a) The application does not comply with applicable statutory provisions and rules; (b) The applicant does not provide information requested by the department within 30 days from date of request; (c) The application is for biomass that is not eligible for the tax credit, or the department cannot determine the amount of eligible biomass that is co-mingled or combined with biomass that is not eligible; or (d) The department is unable to determine whether the application complies with applicable statutory provisions and rules based on the information provided by the applicant or gathered during the review process. (6) The applicant may request reconsideration in writing no later than 60 days after the Director issues a decision denying an application. Statutory/Other Authority: ORS 351.141 Statutes/Other Implemented: ORS 315.141 & 469B.403 History: DOE 5-2013, f. 12-20-13, cert. ef. 1-1-14 DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12 DOE 13-2010, f. & cert. ef. 11-2-10 DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-170-0070 Minimum Discount Value The minimum discounted value of a tax credit issued under ORS 315.141 is 90 percent of the amount of the tax credit. Statutory/Other Authority: ORS 351.141 & 469.791 Statutes/Other Implemented: ORS 351.141 & 469.791 History: DOE 8-2011, f. 11-4-11, cert. ef. 1-1-12 DOE 13-2010, f. & cert. ef. 11-2-10 DOE 9-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
330-180-0010 Purpose and Scope These rules provide procedures to assist the governing boards of consumer-owned utilities to comply with the greenhouse gas emissions performance standard for electricity established in ORS 757.522 to 757.536. Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040 Statutes/Other Implemented: ORS 757.522 - 757.538 History: DOE 9-2011, f. & cert. ef. 11-22-11
330-180-0020 Definitions (1) “Cogeneration facility” means a facility where the sequential generation of electric energy and the production of steam or other forms of useful energy (such as heat) from the same primary energy source or fuel are used for industrial, commercial, heating, or cooling purposes. (2) “Department” means the Oregon Department of Energy pursuant to ORS 469.020(5). (3) “Director” means the director of the department pursuant to ORS 469.020(6). (4) “Low-Carbon Emissions Resource” means a generating facility that is capable of meeting the greenhouse gas emissions standard through the use of technologies, fuels, or feedstocks that work together to result in an emissions rate at or below the emissions standard, or by sequestering a sufficient portion of greenhouse gas emissions such the net greenhouse gas emissions at the generating facility are maintained at or below the standard. (5) “Useful thermal energy” is the net thermal energy made available by a cogeneration facility for processes or applications other than for the generation of electricity, taking into account any portion of the total thermal energy produced that is used as part of the cogeneration process or that is discharged as waste. Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040 Statutes/Other Implemented: ORS 757.522 - 757.538 History: DOE 9-2011, f. & cert. ef. 11-22-11
330-180-0030 Greenhouse Gas Emissions Standard (1) The greenhouse gas emissions standard is 1,100 pounds (0.5 metric tons) of greenhouse gases per megawatt-hour (MWh) of electricity for a generating facility as specified by ORS 757.528(1). (2) The greenhouse gas emissions standard includes only carbon dioxide (CO2) emissions. (3) A governing board of a consumer-owned utility entering into a long-term financial commitment as defined at ORS 757.522(10)(a) demonstrates compliance with these rules by making a written determination that baseload electricity acquired under the long-term financial commitment entered into by the utility’s governing board is produced by a generating facility that complies with the greenhouse gas emissions standard established in this rule. Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040 Statutes/Other Implemented: ORS 757.522 - 757.538 History: DOE 9-2011, f. & cert. ef. 11-22-11
330-180-0040 Low-Carbon Emissions Resource Plan (1) The governing board of a consumer-owned utility, or entity acting on behalf of one or more governing boards, may submit a plan for a generating facility to become a low-carbon emissions resource to the department. The department will make a determination as to whether the plan includes sufficient technical documentation to demonstrate that the generating facility is capable of becoming a low-carbon emissions resource within seven years of commencing operations at the generating facility. The plan must contain sufficient technical documentation to demonstrate: (a) The net greenhouse gas emissions from the generating facility taking into account any greenhouse gas emissions that are captured, sequestered, or otherwise prevented from being released into the atmosphere — will be at or below the greenhouse gas emissions standard established in this rule; (b) Additional capacity or capability exists to lower net greenhouse gas emissions over time to meet potential reductions in the greenhouse gas emissions standard; (c) To the extent that maintenance of the low-carbon emissions resource requires one or more feedstocks, that sufficient supply of the feedstock(s) will be available for use by the generating facility; (d) How other conditions identified by the governing board(s) to meet and maintain the low-carbon emissions resource status over time can and will be met by the generating facility. (2) The department determination that the plan includes sufficient technical documentation to demonstrate that the generating facility is capable of becoming a low-carbon emissions resource within seven years of commencing operations must be obtained prior to entering into a long-term commitment with that generating facility. (3) The department will begin a review within 90 days of receipt of a plan and provide a determination to the governing board(s) as to whether the plan includes sufficient technical documentation to demonstrate that the generating facility is capable of becoming a low-carbon emissions resource within seven years of commencing operations. A plan may be re-submitted to the department for reconsideration if additional technical documentation is available. (4) If the Oregon Public Utility Commission makes a determination pursuant to ORS 757.531(2)(c) that a plan for a generating facility to become a low-carbon emissions resource is sufficient then the governing board of a consumer-owned utility may consider that determination to provide a sufficient demonstration for purposes of ORS 757.533(2)(c) to consider the same generating facility, utilizing the same plan and under the same time frame, as a low-carbon emissions resource in lieu of a review of that plan by the department. (5) The department may waive the need or alter the timeline to submit a plan to become a low-carbon emissions resource for good cause shown. Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040 Statutes/Other Implemented: ORS 757.522 - 757.538 History: DOE 9-2011, f. & cert. ef. 11-22-11
330-180-0050 Unspecified Emissions (1) Long-term financial commitments consisting of contracts for electricity where the greenhouse gas emissions cannot readily be determined with any specificity are those in which: (a) The contract does not allow for the identification of one or more generating facilities from which the contracted energy is derived; or, (b) The contract does not provide sufficient detail about the resource mix from which the contracted energy is derived to determine the greenhouse gas emissions associated with the contracted energy. (2) Emissions to be attributed to such contracts for purposes of determining compliance with the emissions standard in this rule are to be derived as follows: (a) By utilizing data from greenhouse gas emissions reports or otherwise submitted to the Oregon Department of Environmental Quality or the US Environmental Protection Agency characterizing the emissions profile of the baseload electricity if that electricity is anticipated to be representative of the contracted energy in the long-term financial commitment; or, (b) By utilizing the greenhouse gas emissions reporting protocols and emissions factors required by the Oregon Department of Environmental Quality or the US Environmental Protection Agency to estimate the expected emissions profile of the baseload electricity in the long-term financial commitment; or, (c) If unable to use the greenhouse gas reporting data, procedures, or protocols utilized by the Oregon Department of Environmental Quality or the US Environmental Protection Agency to assign emissions to the baseload electricity by multiplying the amount of energy for which emissions cannot be determined with specificity by an emissions factor of 1,100 pounds of greenhouse gases per megawatt hour to determine the greenhouse gas emissions. Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040 Statutes/Other Implemented: ORS 757.522 - 757.538 History: DOE 9-2011, f. & cert. ef. 11-22-11