justicedao/ipfs_state_laws huggingface dataset:
330-230-0030 Selection of Projects, Notice (1) Criteria for selecting projects for inspection or review includes, but is not limited to, consideration of project cost, type and location. (2) The department will provide the applicant written notice of the inspection or review in advance of the planned inspection or review date. 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
330-230-0040 Project Access (1) The applicant must provide safe access to all areas of the project the department reasonably considers necessary to complete the inspection. (2) The exact safety needs and requirements will be specific to each project and may include, but are not limited to, a secure ladder or stairs for access, and notice of any hazardous conditions. (3) The department will not inspect a portion of a facility where the access provided presents, in the opinion of the department, an unreasonable risk to personal safety. 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
330-230-0050 Inspection or Review Outcomes (1) A project will pass inspection or review if sufficient information is available for the department to verify the statements made in an application, or conformance with conditions of a certification or performance agreement. (2) The department may record that the inspected project has failed an inspection if: (a) The applicant fails to provide a reasonable opportunity for the department to conduct an inspection or review, (b) The applicant fails to provide sufficient and safe access to the project, (c) The project is not operational, (d) The applicant or project owner misses a scheduled inspection or review appointment without notice to the department, (e) The project does not conform to the preliminary certificate, application for preliminary certification, ORS chapter 469B or any applicable rules or standards adopted by the director, or (f) The project does not comply with the performance agreement. (3) The department will review and may approve an application for a project that has failed a project inspection, if the applicant provides information explaining the reason or justification for the discrepancies and demonstrates the reason for the failure noted under (2)(e) and (2)(f) of this section. The project must also meet all other program requirements. Applicants must submit requested information within 30 calendar days of notification of the failed inspection. 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
330-230-0060 Failed Inspections or Reviews, Notice, Reconsideration (1) The department may deny a tax credit or grant to, or may take action to recover any tax credit or grant already issued from, an applicant who has not resolved the problem identified in a failed project inspection or review. (2) The department will provide written notice to the applicant explaining the reason for a denial, suspension or revocation of a tax credit certificate or grant due to a failed project inspection or review. (3) The applicant may request reconsideration of the failed project inspection or review. A request for reconsideration must be received by the department within 30 calendar days of the date of the notice of failure. (4) A request for reconsideration must include an explanation of why the applicant believes the project should pass inspection or review, a request for a new inspection or review and payment of the required re-inspection fee. (5) The department may waive all or part of the re-inspection fee if it denies the request for reconsideration or accepts the applicant’s explanation of special circumstances for the failure of 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
330-230-0110 Definitions for Pass-Through For the purposes of OAR 330-230-0110 to 330-230-0150 the following definitions apply: (1) “Department” means the Oregon Department of Energy. (2) “Pass-through amount” means the amount, equal to the present value of the credit calculated in accordance with the formula set out in OAR 330-230-0130, paid to an applicant in exchange for the right to claim the tax credit. (3) “Pass-through partner” means an individual or entity that pays the pass-through amount to an applicant and receives the tax credit certificate in place of the applicant. (4) “Transferee” means an individual or entity that pays the pass-through amount to an applicant that has been issued the tax credit certificate, and receives a re-issued tax credit certificate in place of the applicant. 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
330-230-0120 Pass-Through Eligibility (1) An applicant eligible to receive a tax credit may transfer the credit in return for a cash payment. (2) An eligible individual or entity that pays the present value to purchase the approved tax credit from the applicant is eligible to claim the tax credit in place of the original applicant. (3) A tax credit may be transferred one time only, from the applicant to an eligible pass-through partner. (4) A tax credit that has been transferred to a pass-through partner may be first claimed during the tax year of the pass-through partner in which the pass-through partner paid for the credit, in accordance with ORS 469B.297(3) or 469B.338(3). 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
330-230-0130 Pass-Through Amount (1) The following formulas will be used to calculate the present value of the tax credit for transfer purposes: (a) For tax credits that may be claimed over 5 succeeding tax years, the formula is: Tax Credit Amount/[1 + (3(5 year Treasury yield rate) – 3 year net rate of change for the urban CPI for the west region)]^5 = Present Value (b) For tax credits that may be claimed in one tax year the formula is: Tax Credit Amount/[1 + (2(2 year Treasury yield rate) – net rate of change for the urban CPI for the west region)]^1 = Present Value (2) Using the formulas in (1)(a) and (b) of this rule, the department will review and recalculate the present value of the tax credit on a quarterly basis and will publish the results on the department’s web page. The department will use the rates in effect on the 15th of March, June, September and December to calculate the present value for the quarter beginning on the first of the following month. (3) In the event of a deflationary environment, the department may adjust the formulas in section (1), by adding the urban CPI for the western region, to ensure the present value is less than the certified tax credit amount. (4) If an applicant elects to transfer the tax credit, the pass-through amount is determined by the present value in effect on the date the department receives the complete application for preliminary certification or the complete informational filing. Amendments will not change the pass-through rate. 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
330-230-0140 Pass-Through Process (1) An applicant planning to transfer the tax credit must select the pass-through option on the final certification application. (2) If a pass-through partner has not been identified at the time of the preliminary certification application, the applicant must note “partner to be identified” and submit additional information when the pass-through partner is identified. (3) If an applicant chooses to transfer the tax credit, the application for final certification must include a complete, signed pass-through partner agreement form. (4) When an applicant chooses to transfer a tax credit, the department may hold the application for final certification until pass-through partner information is received by the department. Any application in which the applicant has indicated a choice to transfer the tax credit is not a “completed application” until the department receives the completed final certification application form, the appropriate fee and the completed pass-through partner agreement form for the tax credit, or portion of the tax credit, being transferred to that pass-through partner. (5) If the tax credit is being transferred to more than one pass-through partner, the certification period for each partner will begin during the tax year the partner pays for the credit. (6) The department will not issue a tax credit certificate to a pass-through partner until the appropriate criteria, conditions and requirements of the preliminary certification and these rules are satisfied. (7) For purposes of administering the sunset of the program, the department may issue a tax credit to an applicant, even though the applicant previously indicated a choice to transfer the tax credit to a pass-through partner, if the department has not received a completed application that includes the signed pass-through partner agreement form at least 60 calendar days prior to the sunset date for the program. A tax credit will be issued to an applicant if the applicant and the project meet all applicable requirements and the only reason the application for final certification is incomplete is because the pass-through partner agreement form is not complete. (8) The department will issue a tax credit certificate to the pass-through partner when the applicant confirms receipt of a payment equal to the present value of the tax credit and the applicant relinquishes any claim to the credit. 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
330-230-0150 Transfer of Tax Credits Issued to an ApplicantTransfer of tax credits issued to an applicant (1) An applicant who has been issued a tax credit certificate may transfer the tax credit to an eligible transferee through the department process provided by these rules, provided the transfer occurs within 12 months of the issuance of the tax credit certificate to the applicant. (2) If an applicant uses any portion of the tax credit it may not be transferred, in accordance with ORS 469B.297(2) or 469B.338(2). (3) The department will not provide assistance in locating a transferee. (4) A tax credit certificate may only be re-issued once, upon a transfer from the applicant to the transferee. (5) Tax credit certificates may be re-issued only in the names of the individual or entity transferee in order to be able to claim the transferred credit. (6) The transferee may not claim the credit for a tax year prior to the year in which the transferee pays for the credit. If the applicant has not received the payment when the application is submitted, the tax credit certificate will be dated to reflect that the tax credit period begins as of the date the applicant states payment is expected to be received. (7) The applicant must submit a complete tax credit transfer application and the required fee to the department. The transfer application must: (a) Include an affidavit from the project owner affirming that no portion of the tax credit has been claimed and that the project owner has received a cash payment equal to the present value of the credit from the transferee, as calculated under these rules. (b) Provide power of attorney to authorize the department to confirm with the Oregon Department of Revenue that no portion of the tax credit has been claimed. (c) Include the original tax credit certificate issued to the applicant. (8) Upon compliance with this rule and any other applicable requirements, the department will re-issue the tax credit certificate to the transferee. Statutory/Other Authority: OL 2011, Ch. 730 & Sec. 34 - 51 Statutes/Other Implemented: OL 2011, Ch. 730 & Sec. 34 - 51 History: Reverted to DOE 7-2012, f. & cert. ef. 6-19-12 DOE 1-2015(Temp), f. & cert. ef. 3-23-15 thru 9-18-15 DOE 7-2012, f. & cert. ef. 6-19-12
330-240-0000 Purpose and Applicability of Rules in Division 240 (1) The purpose of these rules is to implement a solar plus storage rebate program established by Oregon Laws 2019, chapter 655 (House Bill 2618). The rules provide procedures for: submitting reservation and rebate requests, calculating rebate amounts, agency review of reservation and rebate requests, and agency audits and inspections to ensure compliance. (2) The eligibility requirements in these rules apply to any contractor, customer, or installation associated with an application to reserve or claim a rebate under the program. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618) Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618) History: DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020
330-240-0040 Solar Electric System Technical Specifications (1) All installed photovoltaic modules must be certified to UL 1703 or IEC61730 standards or other comparable standards. (2) All installed photovoltaic inverters must be certified to UL 1741. (3) The Department will consider the eligibility of equipment for solar electric systems that do not interconnect with the local utility’s distribution grid on a case-by case basis. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618) Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618) History: DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020
330-240-0050 Energy Storage System Technical Specifications (1) All batteries must be certified to UL 1973. (2) All battery storage systems must be certified to UL 9540. (3) The Department will consider the eligibility of energy storage equipment for paired solar and storage systems that do not interconnect with the local utility’s distribution grid on a case-by case basis. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618) Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618) History: DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020
330-240-0060 Low- or Moderate-Income Residential Customer Eligibility (1) In order to qualify for the rebate rate offered under the program for low- or moderate-income residential customers, the homeowner where the installation will be located must provide proof of eligibility. Proof of eligibility shall be provided in the following ways: (a) A homeowner will be considered eligible if the Department verifies with the Oregon Housing and Community Services Department that the homeowner is eligible for one of the following Oregon Housing and Community Services Department programs: (A) Low Income Home Energy Assistance Program (LIHEAP). (B) Oregon Energy Assistance Program (OEAP). (C) Low Income Weatherization Assistance Program (LIWAP). (b) A homeowner will be considered eligible if the homeowner provides the Department an eligibility notice for the homeowner's household that has been received in the past seven months for one of the following Oregon Department of Human Services or Oregon Health Authority programs: (A) Supplemental Nutrition Assistance Program (SNAP). (B) Oregon Health Plan (OHP) (Medicaid). (C) Children’s Health Insurance Program (CHIP; this option is available only for households consisting of six or fewer people). (c) A homeowner will be considered eligible if the homeowner provides the Department with a US Internal Revenue Service or Oregon Department of Revenue tax transcript for each tax filer residing at the household for the most recent tax filing year immediately preceding the current year, or the transcript for the year prior if the tax return for the most recent tax filing year has not yet been filed, that demonstrates their household income is less than or equal to 100 percent of state median income adjusted for household size. (2) The Department will provide low- or moderate-income eligibility certification forms to contractors. For each installation where the customer claims eligibility for the rebate rate for low- or moderate-income residential customers, all legal owners of the property must sign the form, certifying that the information is accurate. The contractor must submit a scanned copy of the form and accompanying documentation under paragraph (1)(b) or paragraph (1)(c), if applicable, to the Department as part of the reservation application. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618) Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618) History: DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022 DOE 1-2020, amend filed 05/28/2020, effective 05/28/2020 DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020
330-240-0070 Low-Income Service Provider Eligibility Nonresidential customers eligible as a “low-income service provider” under the program include: (1) A developer or owner of affordable multifamily housing eligible to receive public assistance under one or more housing development or rental assistance programs administered by Oregon Housing and Community Services. (2) The owner of a solar electric system or paired solar and storage system that: (a) Is located on, and generates electrical energy for, a dwelling that has received public assistance under one or more housing development or rental assistance programs administered by the Oregon Housing and Community Services Department; and (b) Offsets electric utility expenses incurred by one or more low- and moderate-income tenants. (3) A community service organization, which is a public or tribal entity, or a private entity organized under section 501(c) of the federal tax code, whose primary purpose is to offer health, dental, social, financial, energy conservation, or other assistive services to individuals or households with incomes at or below 100 percent of the state median income by household size. Examples of eligible organizations include health or dental clinics, food banks, homeless shelters, childcare centers, senior citizen centers, and community action partnership agencies that serve low- or moderate-income individuals and households, or as approved by the Director. The entity must provide documentation to the Department that it provides assistive services to low- or moderate-income individuals. Accepted documentation may include but is not limited to the receipt of public funding for the purpose of providing assistive services to low- or moderate-income individuals or families or the receipt of philanthropic funding that advances a mission to serve low- or moderate-income individuals. A private organization claiming eligibility as a low-income service provider under this subparagraph must provide sufficient information to allow the Department to determine the organization’s eligibility by providing documentation to the Department that it provides assistive services to low- or moderate-income individuals. (4) A tribal or local government entity such as a city, county or school district which uses public buildings to provide social services to low- or moderate-income individuals, or to provide emergency shelter and/or communications in disaster situations. The entity must provide documentation to the Department that it provides social or emergency services to low- or moderate-income individuals. Accepted documentation may include but is not limited to the receipt of public funding for the purpose of providing assistive services to low- or moderate-income individuals or families or the receipt of philanthropic funding that advances a mission to serve low- or moderate-income individuals. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618) Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618) History: DOE 3-2022, amend filed 04/13/2022, effective 04/15/2022 DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020
330-240-0100 Solar Electric System Rebate Rates; Calculation Method (1) Low- or moderate- income residential rebate rate: $1.80 per watt DC of installed capacity, up to 60 percent of the net cost or $5,000, whichever is less. (2) Residential rebate rate for customers eligible for an electric utility incentive and not low- or moderate-income: $0.20 per watt DC of installed capacity, up to 40 percent of the net cost or $5,000, whichever is less. (3) Residential rebate rate for customers not eligible for a utility incentive and not low- or moderate-income: $0.50 per watt DC of installed capacity, up to 40 percent of the net cost or $5,000, whichever is less. (4) Low-income service provider rebate rate: $0.75 per watt DC of installed capacity, up to 50 percent of the net cost or $30,000, whichever is less. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618) Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618) History: DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020
330-240-0110 Energy Storage System Rebate Rates; Calculation Method (1) Low- or moderate-income residential customer rebate rate: $300 per kilowatt hour of installed storage capacity, up to 60 percent of net energy storage system cost or $2,500, whichever is less. (2) Residential rebate rate for residential customers who are not low- or moderate-income: $300 per kilowatt hour of installed storage capacity, up to 40 percent of net energy storage system cost or $2,500, whichever is less. (3) Low-income service provider rebate rate: $300 per kilowatt hour of installed storage capacity, up to 60 percent of net energy storage system cost or $15,000, whichever is less. Statutory/Other Authority: ORS 469.040 & Oregon Laws 2019 chapter 655 (House Bill 2618) Statutes/Other Implemented: Oregon Laws 2019 chapter 655 (House Bill 2618) History: DOE 3-2019, adopt filed 12/19/2019, effective 01/01/2020