330-210-0100 Final Certification (1) An energy conservation project must be completed and operating prior to applying for a final certification. An applicant must submit requests for amendments prior to issuance of the final certification. (2) The department will not review applications for final certification received after the expiration of the preliminary certification or informational filing or those without the final review fee. (a) 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. (b) An informational filing remains valid for a period of 12 months after the date the department receives the informational filing, or the sunset of the program, whichever comes first. (3) The applicant must submit the application on the current department-issued form and all sections must be completed. (4) The department will review the application, and may conduct an inspection to verify: (a) That the energy conservation project is complete and operating. (b) Compliance with statute, rules and the preliminary certification or informational filing. (c) Compliance with state and local regulations, including required licenses and permits. (d) The lease or rental agreement if the project is leased or rented. (e) That the property taxes for the project location are current. (f) That the energy conservation project will be maintained and operated for at least five years. (g) The total project costs for purchase and installation or construction of the energy conservation project were paid in full. (A) A certified public accountant must attest to the total project cost, or if the total project cost is less than $50,000, the applicant must submit copies of receipts for the project. (i) The certified public accountant cannot be the project owner nor permanently employed by the project owner or pass-through partner. (ii) Receipts for proof of payment may include canceled checks, credit card statements, binding contracts and agreements. (B) The application must demonstrate that no contract or loan agreements directly related to the project are in default. (C) The application must include information regarding all incentives, regardless of source, applied for or received in connection with the project. (D) Applicants must provide itemized documentation of the installed energy conservation project. A detailed invoice or the public accountant’s attestation may be sufficient documentation. (h) Other information the department considers necessary. (5) If an application for final certification does not include all information needed to complete the final certification review, the department may ask the applicant, in writing, to submit additional information. If the department does not receive the requested information within 30 calendar days of the date of the notice, the department may deny the application for final certification. (6) Applicants may not receive multiple tax credit certifications from the department for the same energy conservation project. (7) The department will notify the applicant, in writing, if the department denies the application during final review. An applicant may submit a written request for reconsideration within 60 days after the department issues a decision on a final certification application. (8) As part of the final certification process, projects with certified cost of $1 million or more will be required to enter into a performance agreement with the department and applicants with projects with certified cost of less than $1 million may be required to enter into a performance agreement with the department. (a) To determine if a performance agreement is required for projects with certified cost of less than $1 million, the department may, but is not limited to evaluating: (A) Financial aspects of the project, (B) Technical aspects of the project, and (C) Other areas as determined by the department. (b) A performance agreement may include: (A) A recertification requirement under ORS 469B.298, (B) Energy performance requirements, (C) Conditions and requirements in the preliminary certificate, (D) A provision allowing the performance agreement to be terminated for reasons stated in the agreement and subject to terms described in the agreement, and (E) Any additional requirements that the department determines are appropriate to promote the purposes of ORS 315.331 and 469B.270 to 469B.306. (c) The department may require a legal sufficiency review of a performance agreement by the Oregon Department of Justice prior to entering into the agreement. (d) If the department decides to require a performance agreement, the department will send a performance agreement to the applicant for review. (e) Applicants will have 30 calendar days from the date of the offer letter accompanying the performance agreement to accept the performance agreement. The offer letter accompanying the performance agreement will specify how an applicant may accept the performance agreement. An applicant’s failure to accept the performance agreement as specified in the offer letter may result in denial of the application for final certification. (f) After the department receives the performance agreement signed by the applicant and the department executes the performance agreement, the department will issue the appropriate portion of the tax credit certificate. Projects subject to recertification may be issued a certified amount letter showing the total tax credit amount approved along with a final certificate for the initial portion of the tax credit. (g) An applicant must submit a written amendment request to the department to amend a performance agreement. The department will decide whether to approve the request. An amendment cannot result in a greater tax credit amount. (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 applicant in writing. The notice will include the reasons for the denial of the amendment request. (9) The department will determine the certified cost upon verification that the energy conservation project’s installation or construction is complete and that the project complies with statute, rules, the preliminary certification or informational filing, and any other applicable requirements. (a) Except as provided in subsection (c), the department may issue a tax credit certificate of up to 35 percent of the qualifying cost. The department may certify a lesser tax credit amount than approved in the preliminary certificate or reserved in the informational filing, but may not certify a greater amount. (b) The sum of any incentives, grants, credits and the energy conservation tax credit may not exceed total project costs. (c) If recertification of the tax credit is required under ORS 469B.298 and this rule, the department may issue a certificate for an initial portion of tax credit up to 10 percent of the certified cost. To receive certification of the full value of the tax credit, the applicant must recertify the tax credit as required under ORS 469B.298 and OAR 330-210-0110. (10) The department will send a written notification to the applicant of its decision whether to issue a final certification within 60 days, after the department receives a complete application for final certification. If a written decision from the department is not issued within 60 days after receipt of the complete application, then the application is rejected and no further action will be taken. Any time required to provide additional information as provided in OAR 330-210-0100(5) is not included in this 60 day period. (11) For purposes of administering the sunset of the energy conservation tax credit program under Oregon Laws 2011, chapter 730, section 36: (a) The department must receive a complete application for final certification prior to the end of the 2017 tax year of the applicant. (b) For applicants who choose to use the pass-through or transfer process, the entity purchasing the credit must pay for the tax credit prior to the end of its 2017 tax year. 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