justicedao/ipfs_state_laws huggingface dataset:
330-180-0060 Methodology for Calculating Greenhouse Gas Emissions (1) A generating facility’s annual average electricity production in megawatt-hours (MWh) is the sum of the electricity available for all of the following: (a) Use onsite; (b) Use at a host site in a commercial or industrial process; (c) Sale; or (d) Transmission from the generating facility. (2) The greenhouse gases for cogeneration facilities must include the total usable energy output of the process and includes all greenhouse gases emitted by the facility in the production of both electrical and thermal energy. (a) A cogeneration facility’s annual average electricity production is the sum of the MWh of electricity produced and the useful thermal energy output expressed in MWh. (b) The useful thermal energy output must be converted into a MWh equivalent using the standard engineering conversion factor of 3.413 MMBtu per MWh (or 3,413 Btu per kWh). (3) In determining whether a generating facility complies with the emissions standard, the total emissions associated with producing energy at the generating facility must be included in determining the rate of emissions of greenhouse gases. The total emissions associated with producing electricity at the generating facility do not include emissions associated with transportation, fuel extraction or other life-cycle emissions associated with obtaining the fuel for the facility. 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
330-180-0070 Exemptions The requirement for a governing body to report exemptions to the department as required by ORS 757.528(7) must be in writing and may be submitted electronically or by regular mail. 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
330-200-0000 Applicability of Rules in OAR 330, Division 200 (1) These rules implement the grant program for renewable energy development established by House Bill 3672 (2011) and amended by House Bill 4079 (2012). The rules provide procedures for submission, agency review and selection of systems for potential grant award, the development of performance agreements and the disbursement of grant funds. (2) These rules apply to all applicants for renewable energy development grants, as governed by ORS 469B.250 to 469B.265. Statutory/Other Authority: ORS 469B.250 - 469B.265 Statutes/Other Implemented: ORS 469B.250 - 469B.265 History: DOE 10-2012, f. & cert. ef. 8-15-12 DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12
330-200-0010 Definitions For the purposes of this division, the following definitions apply: (1) “Applicant” means a person who has applied for a renewable energy development grant. (2) “Business site” means a site operated for business purposes that is owned by the applicant or the applicant has a formal agreement with the property owner to use the site. (3) “Cost” has the meaning given in ORS 469B.250, the actual cost of the acquisition, construction and installation of the renewable energy production system paid by the applicant for the system, before considering utility incentives. (4) “Department” means the Oregon Department of Energy. (5) “Director” means the director of the department. (6) “Energy” means electrical energy. (7) “Grantee” means a person that has received an award of a renewable energy development grant. (8) “Installation or construction” means the process of physical assembly of a system or supporting infrastructure at its operating location. (9) “Opportunity period” means the timeframe specified in an Opportunity Announcement for the department to accept applications for renewable energy development grants. (10) “Person” has the meaning given in ORS 469.020. (11) “Renewable Energy Development Grant” means a grant awarded as described in these rules. (12) “Renewable Energy Production System” has the meaning given in ORS 469B.250, a system that uses biomass, solar, geothermal, hydroelectric, wind, landfill gas, biogas or wave, tidal or ocean thermal energy technology to produce energy. Statutory/Other Authority: ORS 469B.250 - 469B.265 Statutes/Other Implemented: ORS 469B.250 - 469B.265 History: DOE 10-2012, f. & cert. ef. 8-15-12 DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12
330-200-0020 Opportunity Announcement (1) The department will announce the availability of renewable energy development grants by issuing an Opportunity Announcement. (2) The department will continually monitor the allocation of grants to ensure that the total amount of grants awarded does not exceed the amounts available in the Renewable Energy Development subaccount within the Clean Energy Deployment Fund. (3) If the cumulative total of all grants awarded under the Opportunity Announcement is less than the total amount of funding available, the department may reallocate the balance to future Opportunity Announcements. (4) The Opportunity Announcement will include the following information: (a) Objectives for the opportunity period; (b) The amount of grant funds available; (c) Application requirements as defined in OAR 330-200-0050; (d) Dates of the application opportunity period; (e) Instructions and directions to the required application forms and materials; (f) Minimum technical standards based on relevant industry standards for renewable energy production systems; (g) The criteria to be applied in prioritizing applications for grant awards, as described in OAR 330-200-0060; (h) Guidance on submitting an acceptable resource assessment; and (i) Other information the department considers necessary. Statutory/Other Authority: ORS 469B.250 - 469B.265 Statutes/Other Implemented: ORS 469B.250 - 469B.265 History: DOE 10-2012, f. & cert. ef. 8-15-12 DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12
330-200-0040 Fees The department adopts the following schedule of fees as provided by ORS 469B.259 for applicants. All fee payments are non-refundable, despite the results of the department’s review. (1) Applicants must submit a fee of $500 with their initial application. (2) Applicants selected for technical review will be required to pay an additional technical review fee prior to that review. The fee amount is equal to the qualifying system cost multiplied by 1.25 percent. (3) Applicants requesting amendments must submit a fee of $300 with their amendment request. (4) If an applicant fails to pay fees timely as required by this rule, the department may reject the pending application and discontinue the review. Statutory/Other Authority: ORS 469.040, 469B.259 & 469B.265 Statutes/Other Implemented: ORS 469B.250 - 469B.265 History: DOE 2-2015, f. 8-28-15, cert. ef. 9-1-15 DOE 3-2013, f. & cert. ef. 10-2-13 DOE 10-2012, f. & cert. ef. 8-15-12 DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12
330-200-0050 Completeness Review (1) Following the opportunity period, the department will review all applications to determine whether: (a) All sections of the application are complete as outlined in the Opportunity Announcement. (b) The applicant has submitted the required fee. (c) The system meets the definition of a renewable energy production system. (d) The applicant intends to begin construction within 12 months of award. (e) The applicant is applying prior to the installation or construction of the system. (A) If the applicant applies after installation or construction of the system has started, the department will deny the application unless a written explanation of the special circumstances is received and approved by the director. (B) Failing to submit a timely application or the fact that the project was not selected for a grant or tax credit under this or prior department programs does not constitute special circumstances. (f) The system is located in Oregon. (2) If the department finds that the application is complete, the application will move into the competitive review process and the department will notify the applicant in writing. (3) The department will deny all incomplete applications and notify applicants in writing of the reason for denial of the application. (4) The department considers the completeness review a test; the decision to deny an incomplete application is not an action subject to review under ORS 183. Statutory/Other Authority: ORS 469B.250 - 469B.265 Statutes/Other Implemented: ORS 469B.250 - 469B.265 History: DOE 10-2012, f. & cert. ef. 8-15-12 DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12
330-200-0060 Competitive Review (1) The department will conduct a competitive review of all applications that pass completeness review. (2) Through competitive review, the department’s internal review team will prioritize applications for grants according to the criteria described in the rules. Depending on the Opportunity Announcement objectives, the department may give greater or lesser weight to each of the criteria listed in rules. (3) In the Opportunity Announcement the department will list the evaluation criteria for the competitive review. The criteria the department may consider includes: (a) The internal rate of return of the system, calculated using the formula provided by the department. (b) The number of new jobs created by the system and the number of existing jobs sustained throughout the construction, installation and operation of the system. (c) The strength of the financial plan of the system. (d) The amount of net energy generated. (e) The use of the energy generated. (f) Integration into broader energy and environmental goals. (g) The geographic diversity of the renewable energy production systems compared with the other systems for which grants have been requested in the current opportunity announcement. (h) The technology or resource diversity of the renewable energy production systems compared with the other systems for which grants have been requested in the current opportunity announcement. (i) If the applicant has previously received any Renewable Energy Development Grants or Business Energy Tax Credits, the operational status of the system for which such grants or tax credits was awarded. (j) The feasibility of the system. (4) The department’s internal review team will recommend to the director which systems to advance to technical review based on the competitive review results. The director will review and then amend or approve the recommendations. (5) The department will notify applicants of the competitive review outcome. The department may place systems not advanced to the technical review phase on a supplemental list, pending the technical reviews of the selected systems. The department will retain the supplemental list until performance agreements are signed for the selected systems. The supplemental list will include only those projects submitted in response to the particular Opportunity Announcement. (6) If an applicant has not started installation or construction of the system, an applicant may apply again for the same system in a future opportunity period by submitting a new application and fee. The department will not credit fees or applications submitted in response to a previous Opportunity Announcement to future Opportunity Announcements. Statutory/Other Authority: ORS 469B.250 - 469B.265 Statutes/Other Implemented: ORS 469B.250 - 469B.265 History: DOE 10-2012, f. & cert. ef. 8-15-12 DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12
330-200-0090 Amendments (1) The grantee must submit a written amendment request to the director to amend a performance agreement or change any aspect of the renewable energy production system. (2) The grantee must describe the proposed change to the performance agreement or renewable energy production system and the reasons for the change. (3) The grantee must demonstrate that the system, with the proposed change, will continue to meet the requirements of statute, rule and the Opportunity Announcement; be technically feasible, will operate as represented and will remain in operation for at least five years. The grantee has the responsibility to provide an amendment request with complete technical documentation supporting the proposed amendment. The department may deny amendments submitted without such justification. (4) If an amendment request does not include all information needed to complete the review, the department may provide the grantee a written request for additional information. If the grantee does not provide the requested information to the department within 30 calendar days, the department may deny the request. (5) Requests for amendments must include payment of the appropriate fee. The department may accept non-substantive changes, such as change of contact information, without payment of the fee. (6) The department will evaluate amendments to determine if the change would have affected the outcome of competitive review, which may result in pro-rating the award amount, based on energy generated or project cost, or denial of the amendment request. (7) Amendment requests will not be approved if the amendment would result in an increased award amount. (8) The department will decide whether to approve the request. (a) If approved, the department will draft an amended performance agreement, which may contain new or amended conditions and requirements. The amended performance agreement will become effective upon signature by all parties. (b) If denied, the department will notify the grantee in writing. The notice will include the reasons for the denial of the amendment request. The amendment fee will not be applied to future amendments. (c) The grantee may accept the denial of the amendment request and comply with the terms of the performance agreement or the grantee may terminate the performance agreement according to its terms and return any grant funds previously disbursed. Statutory/Other Authority: ORS 469B.250 - 469B.265 Statutes/Other Implemented: ORS 469B.250 - 469B.265 History: DOE 10-2012, f. & cert. ef. 8-15-12 DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12
330-200-0150 Compliance All participants in this program are subject to OAR 330-230-0000 through 330-230-0060. Statutory/Other Authority: ORS 469B.250 - 469B.265 Statutes/Other Implemented: ORS 469B.250 - 469B.265 History: DOE 10-2012, f. & cert. ef. 8-15-12 DOE 3-2012(Temp), f. & cert. ef. 2-22-12 thru 8-17-12
330-210-0000 Applicability of Rules in OAR 330, Division 210 (1) These rules implement the incentive program for energy conservation projects established by House Bill 3672 (2011) and amended by House Bill 4079 (2012) and House Bill 2448 (2015). The rules also provide procedures for submission, agency review and selection of energy conservation projects for preliminary and final certification of tax credits. (2) These rules apply to all applications for tax credits and certifications for energy conservation projects, as governed by ORS 315.331 and 469B.270 to 469B.306. 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 2-2016, f. & cert. ef. 3-15-16 DOE 6-2012, f. & cert. ef. 6-19-12 DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12
330-210-0020 Opportunity Announcement (1) The department will announce the availability of tax credits for energy conservation projects by issuing an Opportunity Announcement. (2) The department will continually monitor the allocation of tax credits to ensure that the total amount of potential tax credits does not exceed the tax credit caps specified in ORS 469B.303. (3) If the cumulative total of all tax credits awarded under the Opportunity Announcement is less than the total amount of tax credits available, the department may reallocate the balance to future Opportunity Announcements, including between categories. (4) The Opportunity Announcement will include the following information: (a) Objectives for the opportunity period; (b) The approximate amount of tax credits available; (c) Application requirements, as defined in OAR 330-210-0050; (d) Dates of the application opportunity period; (e) Instructions and directions to the required application forms and materials; (f) Minimum technical standards based on relevant industry standards used to conserve or reduce energy use; (g) The criteria to be applied in prioritizing applications for tax credits, as described in OAR 330-210-0060; (h) The date of the sunset of the program; and (i) Other information the department considers necessary. (5) The department may increase the amount of tax credits available for an Opportunity Announcement. 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
330-210-0040 Fees The department adopts the following schedule of fees as provided by ORS 469B.294 for applicants. All fee payments are non-refundable, despite the results of the department’s review. (1) Applicants, except those applying through the small premium project process, must submit an application fee of $500 with their preliminary certification application. (2) Applicants applying through the small premium project process must submit a fee of $75 with their informational filing. (3) Applicants selected for technical review will be required to pay an additional technical review fee prior to that review. The fee amount is equal to the qualifying cost multiplied by 0.9 percent. Small premium projects are not subject to the technical review fee. (4) Applicants requesting amendments to preliminary certifications must submit a fee of $300 with their amendment request. (5) Applicants for final certification must submit with their application a final review fee. This fee amount is equal to the qualifying cost multiplied by 0.55 percent. All applicants seeking final certification for a project, including small premium projects, are required to apply for final review and pay the final review fee. (6) Applicants that transfer their tax credit to a pass-through partner must pay a pass-through fee. The fee is due after a pass-through partner has been identified and before the department will issue a tax credit certificate. (a) If the department assists the applicant, except those using the small premium project process, in obtaining a pass-through partner or partners, the fee for that assistance is 1.25 percent of the tax credit amount plus $200 per tax credit certificate issued. (b) If the department does not assist the applicant, except those using the small premium project process, in obtaining a pass-through partner, the fee is $200 per tax credit certificate issued. (c) Applicants for small premium projects, the fee is $200 plus $100 per each additional tax credit certificate issued. The additional fee of $100 per certificate issued does not apply to the first certificate. (7) Applicants issued a tax credit certificate that choose to have their tax credit re-issued to a transferee must pay a transfer fee. The fee for small premium project applicants is $200 plus $100 per each additional tax credit certificate issued and the fee for all other applicants is $200 plus $100 per tax credit certificate issued. The additional fee of $100 per certificate issued does not apply to the first certificate for small premium project applicants. (8) Applicants subject to recertification must submit a fee of $750 with each application for recertification. (9) If an applicant fails to pay fees timely as required by this rule, the department may reject the pending application and discontinue the review. 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 2-2016, f. & cert. ef. 3-15-16 DOE 2-2015, f. 8-28-15, cert. ef. 9-1-15 DOE 3-2013, f. & cert. ef. 10-2-13 DOE 6-2012, f. & cert. ef. 6-19-12 DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12
330-210-0050 Completeness Review (1) The department will review all preliminary certification applications, other than those participating in the small premium project process, to determine whether: (a) All sections of the application are complete as outlined in the Opportunity Announcement. (b) The applicant has submitted the required fee. (c) The project meets the definition of an energy conservation project. (d) The applicant is applying prior to the installation or construction of the project. (A) If the applicant applies after installation or construction of the project has started, the department will deny the application unless a written explanation of the special circumstances is received and approved by the director. (B) Failing to submit a timely application or the fact that the project was not selected for a grant or tax credit under this or prior department programs does not constitute special circumstances. (e) The energy conservation project is located in Oregon. (2) If the department finds that the application is complete, the application will move into the competitive review process and the department will notify the applicant in writing. (3) The department may deny incomplete applications and notify applicants in writing of the reason for denial of the application. (4) The department considers the completeness review a test; the decision to deny an incomplete application is not subject to review under ORS chapter 183. 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
330-210-0080 Preliminary Certification (1) The department may issue a preliminary certificate if it determines that the energy conservation project is technically feasible and capable of operating in accordance with the representations made by the applicant. (2) The department may issue a tax credit that is less than the amount requested in the energy conservation project application, pursuant to statute and applicable rules. (3) The sum of any incentives, grants, credits and the energy conservation tax credit incentive may not exceed total project costs. (4) The preliminary certificate will state the qualifying cost, the potential amount of allowable tax credit and may include any conditions for claiming the credit. The applicant has 60 days from the issue date of the preliminary certificate to return the signed conditions of preliminary certification. Failure to return the signed conditions of preliminary certification within the specified time period may result in revocation of the preliminary certificate. (5) The applicant must report to the department on the project’s status beginning one year from the issuing date of the preliminary certificate, unless the department has already received the project’s application for final certification. The applicant must continue to submit project progress reports to the department every six months after the initial report until the department receives the project’s application for final certificate. Failure to submit reports may result in denial of a final certification. (6) A preliminary certification remains valid for a period of three calendar years after the date the department issues the original preliminary certification or until the sunset of the program, whichever comes first. (7) The department may revise a preliminary certificate to comply with statute, rule, the Opportunity Announcement or to correct clerical errors. 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