justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.329. (b) After completion of the acquisition or performance of the project. (3) An application for final certification shall be made in writing on a form prepared by the department and shall contain: (a) A statement that the conditions of the preliminary certification have been complied with; (b)(A) The actual cost of the project attested to by a certified public accountant who is not an employee of the applicant or the applicants completed audit in compliance with federal Office of Management and Budget Circular A-133; or (B) If the actual cost of the project is less than $50,000, copies of receipts for acquisition and performance of the project; (c) The amount of the credit under ORS 315.336 that is to be claimed; (d) The number and types of jobs, directly connected to the allowance of the credit, created by the acquisition and performance of the project over the five-year period beginning on the date of issuance of the preliminary certification under ORS 469B.329; (e) Information sufficient to demonstrate that the project will remain in operation for at least five years, unless the director by rule specifies another period of operation; (f) Documentation of compliance with applicable state and local laws and regulations and licensing and permitting requirements as defined by the director; and (g) Any other information determined by the director to be necessary prior to issuance of a final certificate, including inspection of the project by the department. (4) After the filing of the application under this section, the director may issue the certificate together with any conditions that the director determines are appropriate to promote the purposes of ORS 315.336 and 469B.320 to 469B.347. If the applicant is an entity subject to regulation by the Public Utility Commission, the director may consult with the commission prior to issuance of the certificate. The action of the director shall include certification of the actual cost of the project. However, the director may not certify an amount for tax credit purposes that is more than the amount of credit approved in the preliminary certificate issued for the project. (5) If the director rejects an application for final certification, or certifies a lesser amount of credit than was claimed in the application, the director shall send to the applicant written notice of the action, together with a statement of the findings and reasons for the action, by certified mail, before the 60th day after the filing of the application. Failure of the director to act constitutes rejection of the application. (6) Upon approval of an application for final certification of a project, the director shall certify the project. The final certification shall indicate the amount of projected energy savings attributable to the project and the certified cost of the project. (7) The director may establish by rule timelines and intermediate deadlines for submission of application materials.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.332. Final certification; eligibility; contents of application; rules. (1) A final certification for a transportation project may not be issued by the Director of the State Department of Energy under this section unless: (a) The project was acquired or performed under a preliminary certificate of approval issued under ORS 469B.329; (b) The applicant demonstrates the ability to provide the information required by ORS 469B.326 (2) and does not violate any condition that may be imposed as described in subsection (4) of this section; and (c) The project was acquired or performed in accordance with the applicable provisions of ORS 469B.320 to 469B.347 and any applicable rules or standards adopted by the director. (2) A person may apply to the State Department of Energy for final certification of a project: (a) If the person received preliminary certification for the project under ORS
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.335. Fees for certification; rules. By rule and after hearing, the Director of the State Department of Energy may adopt a schedule of reasonable fees that the State Department of Energy may require of applicants for preliminary or final certification of a transportation project under ORS 469B.320 to 469B.347. Before the adoption or revision of the fees, the department shall estimate the total cost of the program to the department. The fees shall be used to recover the anticipated cost of administering and enforcing the provisions of ORS 469B.320 to 469B.347, including filing, investigating, granting and rejecting applications for certification and ensuring compliance with ORS 469B.320 to
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.338. Certificate required for tax credits; certification not to exceed five years. (1) A certificate issued under ORS 469B.332 is required for purposes of obtaining tax credits in accordance with ORS 315.336. Such certification shall be granted for a period not to exceed five years. The five-year period shall begin with the tax year of the applicant during which the completed application for final certification of the transportation project under ORS 469B.332 is received by the State Department of Energy. (2) If the original owner of the certificate uses any portion of the credit, the certificate becomes nontransferable. (3) For a transferee holding a credit that has been transferred under ORS 469B.323, the five-year period shall begin with the tax year in which the transferee pays for the credit.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.341. Suspension or revocation of certificate or portion of certificate. The Director of the State Department of Energy may order the suspension or revocation of a certificate or a portion of a certificate issued under ORS 469B.332, as provided in ORS 315.061, for the reasons set forth in ORS 315.061 or if the director finds that: (1) The holder of the certificate or the operator of the transportation project has failed to acquire or perform the project in compliance with the plans, specifications and contract terms in the certificate; or (2) The project is no longer in operation.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.344. Limitation on amount of potential tax credits for transportation projects. (1)(a) The total amount of potential tax credits for all transportation projects in this state may not, at the time of preliminary certification under ORS 469B.329, exceed $20 million for any biennium. (b) For each tax year, the Director of the State Department of Energy may allocate a percentage of the amount allowed in paragraph (a) of this subsection to alternative fuel vehicle projects and a percentage to transit services. (2) Notwithstanding ORS 315.336, in the event that the director receives applications for preliminary certification with a total amount of potential tax credits in excess of the limits set by the director pursuant to subsection (1)(b) of this section, the director shall allocate the issuance of preliminary certifications among applicants as follows: (a) If an excess of applications for credits for transit services is received, the director shall allocate the issuance of preliminary certifications among applicants for credits for transit services and proportionately reduce the amount of allowed credit, with no applicant receiving more than 20 percent of the amount established under subsection (1)(b) of this section for transit services. (b) The director may allocate the issuance of preliminary certifications among applicants for credits for alternative fuel vehicle projects and may award credits for less than the amount otherwise allowed applicants. (c) If, after making any reductions required under paragraph (a) of this subsection, an unallocated amount remains, the director shall allocate this additional amount among applicants affected by the percentage restriction in paragraph (a) of this subsection.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.347. (5) A preliminary certification shall remain valid for a period of three calendar years after the date on which the preliminary certification is issued by the director, after which the certification becomes invalid even if: (a) The applicant is awaiting identification of a pass-through partner; or (b) The preliminary certification has been amended.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.400. Fuel blends and solid biofuels; qualification for tax credits; rules. The State Department of Energy shall by rule identify categories of fuel blend and solid biofuel that qualify for the personal income tax credit allowed under ORS 315.465. [Formerly 469.785] Note: Sections 8a and 8b (2), chapter 739, Oregon Laws 2007, provide: Sec. 8a. The State Department of Energy shall periodically conduct an impact study of the biofuels program. The study will include but is not limited to the following criteria with respect to the biofuel sector in this state: (1) Jobs created; (2) Average wage rates for those jobs; (3) The provision of health care and other benefits; (4) The extent to which workforce training opportunities are being provided to employees; (5) The number of acres of biofuel feedstock planted; (6) The number of gallons of biofuel blended fuel produced and consumed in the state; (7) The cost of fuel with biofuel blends and how that compares with the cost of petroleum fuel; (8) Environmental impacts such as reductions in greenhouse gas emissions and other toxic air pollution; (9) The impact of biofuel feedstock production on the price of commodity crops and the cost of food staples; and (10) The extent to which Oregon producers import biofuel or biofuel feedstock from outside the state. [2007 c.739 8a] Sec. 8b. (2) Section 8a of this 2007 Act is repealed January 2, 2025. [2007 c.739 8b(2)]
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.407. [2016 c.29 15; repealed by 2019 c.483 25] REBATES FOR HOME ENERGY IMPROVEMENTS
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.450. Rebates for home energy efficiency retrofits; rebates for high-efficiency appliance and nonappliance upgrades. (1) The State Department of Energy, in consultation with the Housing and Community Services Department, shall establish: (a) A whole-home energy savings program to provide rebates to individual homeowners, multifamily building owners and aggregators for home energy efficiency retrofits; and (b) A high-efficiency electric home rebate program to provide rebates for the purchase and installation of appliances and nonappliance upgrades. (2) In establishing a program under this section, the State Department of Energy shall: (a) Consult with stakeholders, including consumer-owned utilities, as defined in ORS 757.270, and investor-owned utilities, as defined in ORS 469.631; and (b) Ensure the program maximizes benefits for applicants by leveraging federal and state resources. [2023 c.562 8] INCENTIVES FOR RESIDENTIAL HEATING AND COOLING PROGRAMS (Heat Pump Deployment Program)
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.463. Heat Pump Deployment Advisory Council. (1) The Heat Pump Deployment Advisory Council is established. (2) The council consists of representatives from eligible entities administering grant funds under the Heat Pump Deployment Program established under ORS
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.480. Grants to assist landlords with providing community cooling spaces. (1) The State Department of Energy shall provide a grant to the nongovernmental entity that administers public purpose charge moneys under ORS 757.612 (3)(d) to enable the nongovernmental entity to assist landlords in creating or operating, whenever there is an extreme heat event for the forecast zone of the premises as described in ORS 90.355, one or more private community cooling spaces available to the landlords tenants during the extreme heat event that are on or near the premises and that maintain a temperature of not higher than 80 degrees Fahrenheit. (2) Assistance provided under this section may include: (a) Grants to landlords to create or operate community cooling spaces that will accommodate at least five individuals. (b) Information to landlords regarding: (A) Lists of providers and installers of suitable cooling devices; (B) Private and government programs that may be used to create or operate community cooling spaces; and (C) Best practices and model technical specifications for installing and operating various temporary and permanent community cooling spaces. (c) Promoting the services relating to community cooling spaces under this section that are provided by the nongovernmental entity. (3) The nongovernmental entity receiving a grant under this section shall maintain separate accounting of the expenditures of the grant funds and shall report the accounting to the Public Utility Commission and the independent auditor described in ORS 757.746 (1)(d). The nongovernmental entity may not utilize moneys received under ORS 757.054 (4) or 757.612 (3)(d) for grant purposes under this section. [2022 c.86 24; 2023 c.442 77] (Cooling and Electrical Needs Study) Note: Sections 26 and 28, chapter 86, Oregon Laws 2022, provide: Sec. 26. Study of cooling and electrical needs of publicly supported housing. (1) The State Department of Energy shall study the cooling and electrical needs of publicly supported housing as defined in ORS 456.250, manufactured dwelling parks and recreational vehicle parks. The study should detail information including but not limited to the following: (a) The prevalence of cooling facilities; (b) The need for cooling facilities; (c) Barriers to transitioning housing and parks to include cooling facilities; and (d) When possible, specific scenarios for properties in development or preservation to add cooling facilities. (2) The Building Codes Division of the Department of Consumer and Business Services shall provide assistance in conducting the study under this section. [2022 c.86 26] Sec. 28. Section 26 of this 2022 Act is repealed on January 2, 2025. [2022 c.86 28] PENALTIES
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.991. Civil penalty when contractor certificate revoked. (1) The Director of the State Department of Energy may impose a civil penalty against a contractor if a contractor certificate is revoked under ORS 469B.118. The amount of the penalty shall be equal to the total amount of tax relief estimated to have been provided under ORS 316.116 to the contractor or to purchasers of the system for which a contractors certificate has been revoked. (2) The State Department of Energy may not collect any of the amount of a civil penalty imposed under subsection (1) of this section from a purchaser of the system for which the final certificate has been revoked. (3) Civil penalties under this section shall be imposed as provided in ORS 183.745. (4) A penalty recovered under this section shall be paid into the State Treasury and credited to the General Fund and is available for general governmental expenses. [Formerly 469.994; 2015 c.701 34; 2019 c.483 12] _______________
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.160. [1997 c.592 4; 1999 c.864 1; 2001 c.780 16,16a; 2005 c.830 40; repealed by 2009 c.78 64] Note: Unless otherwise noted, the division headings, subdivision headings and leadlines for ORS
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.200. Legislative findings. The People of the State of Oregon find that: (1) Oregon has one of the highest prevalences of mental illness among adults in the nation; (2) An estimated one in every five adults in Oregon is coping with a mental health condition; (3) The Governor has declared addiction as a public health crisis in this state; (4) The 2019-2021 Governors Budget proposes spending over $2.8 billion on mental health and behavioral health programs; (5) Studies conducted by nationally and internationally recognized medical institutions indicate that psilocybin has shown efficacy, tolerability, and safety in the treatment of a variety of mental health conditions, including but not limited to addiction, depression, anxiety disorders, and end-of-life psychological distress; (6) The United States Food and Drug Administration has: (a) Determined that preliminary clinical evidence indicates that psilocybin may demonstrate substantial improvement over available therapies for treatment-resistant depression; and (b) Granted a Breakthrough Therapy designation for a treatment that uses psilocybin as a therapy for such depression; (7) The Oregon Health Authority has direct supervision of all matters relating to the preservation of life and health of the people of this state; (8) During a two-year program development period, the authority should: (a) Examine, publish, and distribute to the public available medical, psychological, and scientific studies, research, and other information relating to the safety and efficacy of psilocybin in treating mental health conditions; and (b) Adopt rules and regulations for the eventual implementation of a comprehensive regulatory framework that will allow persons 21 years of age and older in this state to be provided psilocybin services; and (9) An advisory board should be established within the authority for the purpose of advising and making recommendations to the authority. [2021 c.1 1] Note: As originally enacted by the people, the leadline to ORS 475A.200 read Findings. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.205. Purposes of ORS 475A.200 to 475A.722. (1) The People of the State of Oregon declare that the purposes of chapter 1, Oregon Laws 2021, are: (a) To educate the people of this state about the safety and efficacy of psilocybin in treating mental health conditions; (b) To reduce the prevalence of mental illness among adults in this state, and to improve the physical, mental, and social well-being of all people in this state; (c) To develop a long-term strategic plan for ensuring that psilocybin services will become and remain a safe, accessible and affordable therapeutic option for all persons 21 years of age and older in this state for whom psilocybin may be appropriate; (d) To protect the safety, welfare, health and peace of the people of this state by prioritizing this states limited law enforcement resources in the most effective, consistent and rational way; and (e) After a two-year program development period, to: (A) Permit persons licensed, controlled and regulated by this state to legally manufacture psilocybin products and provide psilocybin services to persons 21 years of age and older, subject to the provisions of chapter 1, Oregon Laws 2021; and (B) Establish a comprehensive regulatory framework concerning psilocybin products and psilocybin services under state law. (2) The People of the State of Oregon intend that the provisions of chapter 1, Oregon Laws 2021, together with other provisions of state law, will: (a) Prevent the distribution of psilocybin products to other persons who are not permitted to possess psilocybin products under the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722, including but not limited to persons under 21 years of age; and (b) Prevent the diversion of psilocybin products from this state to other states. [2021 c.1 2] Note: As originally enacted by the people, the leadline to ORS 475A.205 read Purposes of this 2020 Act. The leadline was changed by editorial action. Note: Legislative Counsel has substituted chapter 1, Oregon Laws 2021, for the words this 2020 Act in section 2, chapter 1, Oregon Laws 2021, compiled as 475A.205. Specific ORS references have not been substituted, pursuant to 173.160. The sections for which substitution otherwise would be made may be determined by referring to the 2021 Comparative Section Table located in Volume 22 of ORS.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.210. (A) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms; (B) All areas outside a building that the Oregon Health Authority has specifically licensed for the manufacturing of psilocybin products or the operation of a psilocybin service center; and (C) For a location that the authority has specifically licensed for the operation of a psilocybin service center outside a building, that portion of the location used to operate the psilocybin service center and provide psilocybin services to clients. (b) Premises does not include a primary residence. (9) Preparation session means a meeting between a client and a psilocybin service facilitator that must occur before the client participates in an administration session. (10) Psilocybin means psilocybin or psilocin. (11) Psilocybin product manufacturer means a person that manufactures psilocybin products in this state. (12)(a) Psilocybin products means: (A) Psilocybin-producing fungi; and (B) Mixtures or substances containing a detectable amount of psilocybin. (b) Psilocybin products does not include psilocybin services. (13) Psilocybin service center means an establishment: (a) At which administration sessions are held; and (b) At which other psilocybin services may be provided. (14) Psilocybin service center operator means a person that operates a psilocybin service center in this state. (15) Psilocybin service facilitator means an individual that facilitates the provision of psilocybin services in this state. (16) Psilocybin services means services provided to a client before, during, and after the clients consumption of a psilocybin product, including: (a) A preparation session; (b) An administration session; and (c) An integration session. (17) Two-year program development period means the period beginning on January 1, 2021 and ending no later than December 31, 2022. [2021 c.1 5] Note: As originally enacted by the people, the leadline to ORS 475A.220 read Definitions. The leadline was changed by editorial action. (Oregon Psilocybin Advisory Board)
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.215. Construction of ORS 475A.210 to 475A.722. ORS 475A.210 to 475A.722 may not be construed: (1) To require a government medical assistance program or private health insurer to reimburse a person for costs associated with the use of psilocybin products; (2) To amend or affect state or federal law pertaining to employment matters; (3) To amend or affect state or federal law pertaining to landlord-tenant matters; (4) To prohibit a recipient of a federal grant or an applicant for a federal grant from prohibiting the manufacture, delivery, possession or use of psilocybin products to the extent necessary to satisfy federal requirements for the grant; (5) To prohibit a party to a federal contract or a person applying to be a party to a federal contract from prohibiting the manufacture, delivery, possession or use of psilocybin products to the extent necessary to comply with the terms and conditions of the contract or to satisfy federal requirements for the contract; (6) To require a person to violate a federal law; (7) To exempt a person from a federal law or obstruct the enforcement of a federal law; or (8) To amend or affect state law, to the extent that a person does not manufacture, deliver, or possess psilocybin products in accordance with the provisions of ORS 475A.210 to 475A.722 and rules adopted under ORS 475A.210 to 475A.722. [2021 c.1 4] Note: As originally enacted by the people, the leadline to ORS 475A.215 read Construction. The leadline was changed by editorial action.
ORS Chapter 475a — Psilocybin Regulation

ORS 475a.220. Definitions for ORS 475A.210 to 475A.722. As used in ORS 475A.210 to