justicedao/ipfs_state_laws huggingface dataset:
330-210-0150 Compliance and Pass-through (1) All participants in this program are subject to OAR 330-230. If the tax credit is subject to recertification under OAR 330-210-0110, only that portion of the tax credit that has been certified or recertified may be transferred at the five-year present value rate in OAR 330-230-0130. (2) The department may periodically inspect energy conservation projects and related documents during the five-year term of the tax credit. 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
330-220-0000 Applicability of Rules in OAR 330, division 220 (1) These rules implement the incentives program for alternative fuel vehicle projects established in ORS 315.336 and 469B.320 to 469B.347. The rules also provide procedures for submission, agency review and selection of alternative fuel vehicle projects for preliminary and final certification of tax credits. (2) These rules apply to all applications and certifications for tax credits for alternative fuel vehicle projects as governed by ORS 315.336 and 469B.320 to 469B.347. Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347 Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347 History: DOE 1-2017, f. & cert. ef. 1-25-17 DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15 DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12 DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12
330-220-0020 Opportunity Announcement (1) The department will announce the availability of tax credits for alternative fuel vehicle 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 cap specified in ORS 469B.344. (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 a future Opportunity Announcement. (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 330-220-0050; (d) Dates of the application opportunity period; (e) Instructions and directions to the required application forms and materials; (f) Minimum technical standards; (g) The process the department will use to allocate tax credits; (h) For alternative fuel vehicle fleet projects, a list of eligible on-road vehicle types; (i) For alternative fuel vehicle fleet projects, a maximum percentage of potential tax credit available an applicant may obtain during an opportunity period; (j) For class 8 tractors, the incremental expenditure upon which to base the tax credit; (k) Required percentage of fleet miles driven in state on an annual basis; (L) The date of the sunset of the program; and (m) 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.326, 469B.332 & 469B.347 Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347 History: DOE 1-2017, f. & cert. ef. 1-25-17 DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15 DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12 DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12
330-220-0040 Application Fees The department adopts the following schedule of fees as provided by ORS 469B.335. All fee payments are non-refundable, despite the results of the department’s review. (1) Applicants must submit a fee of $300 with their preliminary certification 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 cost multiplied by 0.9 percent. (3) Applicants requesting amendments to preliminary certifications must submit a fee of $300 with their amendment request. (4) 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 are required to apply for final review and pay the final review fee. (5) Applicants that choose to transfer their tax credit to a pass-through partner, pursuant to OAR 330-230-0110 to 330-230-0140, 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 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 in obtaining a pass-through partner, the fee is $200 per tax credit certificate issued. (6) Applicants issued a tax credit certificate that choose to have their tax credit certificate re-issued to a transferee must pay a transfer fee of $200 plus $100 per tax credit certificate issued. (7) 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.335 & 469B.347 Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347 History: DOE 1-2017, f. & cert. ef. 1-25-17 DOE 2-2015, f. 8-28-15, cert. ef. 9-1-15 DOE 3-2013, f. & cert. ef. 10-2-13 DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12 DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12
330-220-0050 Completeness Review (1) The department will determine that sufficient potential tax credits are available prior to beginning review of an application. The department may return applications, or offer a lower tax credit amount, if there are not sufficient potential tax credits available to award the amount of tax credit requested. (2) The department will review all preliminary certification applications to determine whether: (a) All sections of the application are complete. (b) The applicant has submitted the required fee. (c) The project meets the definition of an alternative fuel vehicle project. (d) The applicant is applying prior to the acquisition of the project. (A) If the applicant applies after acquisition 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 not being selected for a grant or tax credit under this or prior department programs does not constitute special circumstances. (e) The alternative fuel vehicle project is located in Oregon. (3) If the department finds that the application is complete, the application will move into the technical review process and the department will notify the applicant in writing. If an excess of applications is received for an Opportunity Announcement, the department moves complete applications into technical review based on the date the department received the complete application. (4) The department may deny incomplete applications and notify applicants in writing of the reason for denial of the application. (5) The department considers the completeness review as a test; the decision to deny an incomplete application is not an action subject to review under ORS Chapter 183. (6) If an applicant has not started acquisition of the alternative fuel vehicle project, an applicant may apply again for the same project in the same or a future Opportunity Announcement by submitting a new application and fee. The department will not apply fees submitted with a previous application to future applications. Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347 Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347 History: DOE 1-2017, f. & cert. ef. 1-25-17 DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15 DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12 DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12
330-220-0080 Preliminary Certification (1) The department may issue a preliminary certificate if it determines that the alternative fuel vehicle 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 alternative fuel vehicle project application, pursuant to statute and applicable rules. (3) The sum of any incentives, grants, credits, and the alternative fuel vehicle project 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 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 revocation of the preliminary certification or denial of the final certification. (6) A preliminary certification remains valid for a period of three calendar years after the date the department issues the 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 and the Opportunity Announcement or to correct clerical errors. Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347 Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347 History: DOE 1-2017, f. & cert. ef. 1-25-17 DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15 DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12 DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12
330-220-0150 Compliance and Pass-through (1) All participants in this program are subject to OAR 330-230-0000 through 330-230-0150. (2) The department may periodically inspect alternative fuel vehicle projects and related documents during the five-year term of the tax credit. (3) If any alternative fuel vehicles that are part of a project receiving the tax credit are no longer in operation by applicant because they were sold, repossessed, destroyed or otherwise no longer in the applicant’s fleet, the applicant must notify the department within 30 days of the date that the vehicle was removed from the project owner’s fleet. This may cause the department to take action under ORS 469B.341. Statutory/Other Authority: ORS 469.040, 469B.326, 469B.332 & 469B.347 Statutes/Other Implemented: ORS 315.336 & 469B.320 - 469B.347 History: DOE 1-2017, f. & cert. ef. 1-25-17 DOE 7-2014, f. 10-10-14, cert. ef. 1-1-15 DOE 9-2012, f. 7-31-12, cert. ef. 8-1-12 DOE 2-2012(Temp), f. & cert. ef. 2-7-12 thru 8-3-12
330-225-0000 Applicability of Rules These rules implement the incentive program for transit services established in House Bill 3672 (2011) and amended by House Bill 4079 (2012). The rules also provide procedures for submission, agency review and selection of transit services for preliminary and final certification of tax credits. These rules apply to all applications for tax credits for transit services projects, as governed by ORS 469B.320 to 469B347. Statutory/Other Authority: ORS 469.040 & 469B.347 Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45 History: DOE 5-2012, f. & cert. ef. 6-11-12
330-225-0010 Definitions For the purposes of this division, the following definitions apply: (1) “Allocated project cost” means the amount of the transit services project’s cost that may be eligible for tax credits. The department calculates by dividing the amount of the potential tax credit available to each applicant, determined by the process in OAR 330-225-0050(6), by the tax credit rate in effect for that Opportunity Announcement. (2) “Applicant” means a person who has applied for or who has received a preliminary certificate for a transit services energy incentives program tax credit. (3) “Certified cost” means the cost certified in the final certification. (4) “Cost” has the meaning given in ORS 469B.320. (5) “Department” means the Oregon Department of Energy. (6) “Director” means the director of the department. (7) “Opportunity period” means the timeframe specified in an Opportunity Announcement for the department to accept applications for transit services. (8) “Substantial Energy Savings” means a reduction of at least 10 percent in the energy used by the transit service compared to the equivalent energy use of single occupant vehicles traveling the same number of passenger miles. (9) “Transit Services Provider” means a public or nonprofit entity that provides transit services to the public and that receives state or federal funding for those services, or is the direct recipient of funding from an entity that receives state or federal funding for the services. (10) “Transit Services” means transportation by a conveyance that provides regular and continuing transportation to the public, but does not include school bus, charter or intercity passenger rail transportation. (11) “Vehicle Miles Reduced” (VMR) means the difference in miles driven by the transit services compared to miles driven by single occupant vehicles. Statutory/Other Authority: ORS 469.040 & 469B.347 Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45 History: DOE 5-2012, f. & cert. ef. 6-11-12
330-225-0020 Opportunity Announcement (1) The department will announce the availability of tax credits for transit services 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.344. (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 a future Opportunity Announcement. (4) The Opportunity Announcement will include the following information: (a) Objectives for the opportunity period; (b) The amount and the percent level of tax credits available; (c) Application requirements including the time period during which transit services are eligible; (d) Dates of the application opportunity period; (e) Instructions and directions to the required application forms and materials; (f) Minimum technical standards; (g) The process the department will use to allocate tax credits; and (h) Other information the department considers necessary. Statutory/Other Authority: ORS 469.040 & 469B.347 Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45 History: DOE 5-2012, f. & cert. ef. 6-11-12
330-225-0040 Fees The department adopts the following schedule of fees as provided by ORS 469B.335 for applicants. All fee payments are non-refundable, despite the results of the department’s review. (1) Applicants must submit an application fee of $500 with their preliminary certification application. (2) Applicants selected for technical review will be required to pay a technical review fee prior to that review. The fee amount is equal to the allocated project cost multiplied by 0.55 percent. (3) Applicants requesting amendments to preliminary certifications must submit a fee of $300 with their amendment request. (4) Applicants for final certification must submit with their application a final review fee. This fee amount is equal to the allocated project cost multiplied by 0.55 percent. All applicants seeking final certification for a project are required to apply for final review and pay the final review fee. (5) 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 can issue a tax credit. (a) If the department assists the applicant in obtaining a pass-through partner or partners, the fee for that assistance is 1.25 percent of the tax credit amount plus $100 per tax certificate issued. (b) If the department does not assist the applicant in obtaining a pass-through partner, the fee is $200 per tax credit certificate issued. (6) Applicants issued a tax credit that choose to have their tax credit re-issued to a transferee must pay a transfer fee of $200 plus $100 per tax credit certificate issued. (7) 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.335 & 469B.347 Statutes/Other Implemented: ORS 469B.320–469B.347 & 315.336 History: DOE 3-2013, f. & cert. ef. 10-2-13 DOE 5-2012, f. & cert. ef. 6-11-12
330-225-0080 Preliminary Certification (1) The department may issue a preliminary certificate if it determines that the transit services are technically feasible and capable of operating in accordance with the representations made by the applicant. The department may issue a tax credit that is less than the amount requested in the transit services application, pursuant to statute and applicable rules. (2) The sum of any state or federal funding and the transit services incentive may not exceed project costs. (3) The preliminary certificate will state the qualifying project cost, the potential amount of allowable tax credit and any conditions for claiming the credit. (4) 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. Statutory/Other Authority: ORS 469.040 & 469B.347 Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45 History: DOE 5-2012, f. & cert. ef. 6-11-12
330-225-0090 Amendments to Preliminary Certifications (1) The applicant must notify the department of any changes to the project described in the application for preliminary certification. (2) An applicant must declare all changes to the transit services by the time the department receives the final certification application. Undeclared changes found in the application for final certification or through later inspection may result in denial of final tax credit certification. (3) The applicant must submit an amendment request to the director to amend a transit services preliminary certification for any changes to the project. (4) Applicants must submit amendments on the form specified in the Opportunity Announcement. (5) The applicant must demonstrate that the transit services project, with the proposed change, would continue to be technically feasible and would operate as represented. The applicant has the responsibility to provide an amendment request with complete documentation that will support a case for the proposed amendment. The department may deny amendments submitted without such justification. (6) An amendment may result in a reduction in tax credit, but may not increase the tax credit amount certified in the preliminary certificate. (7) If an amendment request does not include all information needed to complete the review, the department may provide the applicant a written request for additional information. If the applicant does not provide the requested information to the department within 30 calendar days, the department may deny the request to amend the preliminary certification. (8) 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. (9) The department will decide whether to approve the amendment request. (a) If approved, the department will draft an amended preliminary certification, which may contain new or amended conditions and requirements. (b) If denied, the department will notify the applicant in writing. The notice will include the reasons for the denial of the amendment request. Statutory/Other Authority: ORS 469.040 & 469B.347 Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45 History: DOE 5-2012, f. & cert. ef. 6-11-12
330-225-0150 Compliance and Pass-through All participants in this program are subject to OAR 330-230-0000 through 330-230-0150. Statutory/Other Authority: ORS 469.040 & 469B.347 Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45 History: DOE 5-2012, f. & cert. ef. 6-11-12
330-230-0000 Applicability of Rules in OAR 330, Division 230 These rules provide procedures for compliance activities and pass-through transactions for the incentive programs established in House Bill 3672 (2011) and amended by House Bill 4079 (2012). The compliance rules in OAR 330-230-0010 to 330-230-0060 apply to all applicants for energy incentive programs for energy conservation, transportation and renewable energy grants as governed by ORS 469B. The pass-through rules in OAR 330-230-0110 to 330-230-0150 apply to all applicants for the energy incentive program for energy conservation projects as governed by ORS 469B.270 through 469B.306 and transportation projects as governed by 469B.320 through 469B.347. Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51 Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51 History: DOE 7-2012, f. & cert. ef. 6-19-12 DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12
330-230-0010 Definitions For the purposes of OAR 330-230-0010 to 330-230-0060 the following definitions apply: (1) “Department” means the Oregon Department of Energy. (2) “Director” means the director of the department. (3) “Period of operation” means: (a) For an Energy Conservation Project or a Transportation Project, five years from the date of issuance of the tax credit certificate. (b) For a Renewable Energy Production System, five years from the date of final payment under the Performance Agreement. (4) “Project” means the system, activity or facility under inspection or review by the department. (5) “Project inspection” means a physical examination by the department of an Energy Conservation Project or a Transportation Project to determine if the project conforms to the Preliminary Certificate or application for preliminary certification. (6) “Project review” means an examination by the department of the records, facilities or operations of an applicant for a Renewable Energy Development grant. Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51 Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51 History: DOE 7-2012, f. & cert. ef. 6-19-12 DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12
330-230-0020 Purpose of Inspection or Review (1) The department may require project inspection or project review at any time from the date of initial application through the end of a project’s period of operation. (2) Inspections or reviews may be conducted by the department to verify: (a) The amount certified for a credit, (b) Completion of a project, (c) A project is operational, (d) Ownership of a project, (e) Compliance with the preliminary certificate or application for preliminary certification and any amendments, (f) Compliance with a performance agreement, or (g) Compliance with ORS Chapter 469B and any applicable rules or standards adopted by the director. (3) The applicant or its designated representative must be present during the inspection or review. Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51 Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51 History: DOE 7-2012, f. & cert. ef. 6-19-12 DOE 12-2011(Temp), f. & cert. ef. 12-23-11 thru 6-19-12