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

ORS 469b.259. Grant application fees; 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 a grant for a renewable energy production system under ORS 469B.250 to 469B.265 or for tax credit certification under ORS 315.326. 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.250 to 469B.265, including filing, investigating, granting and rejecting applications for grant or tax credit certification and ensuring compliance with ORS 315.326, 315.329 and
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.262. Limitations on amount of potential tax credits for certified renewable energy development contributions; allocation; rules. (1) The total amount of potential tax credits for certified renewable energy development contributions in this state may not, at the time of certification under ORS 315.326, exceed: (a) $3 million for any biennium; or (b) $750,000 for the six months beginning July 1, 2017, and ending December 31, 2017. (2) In the event that the Director of the State Department of Energy receives applications for grants under ORS 469B.256 in excess of the contributions received pursuant to ORS 315.326, the director shall allocate the issuance of grants according to standards and criteria established by rule by the director.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.265. (1) Biomass has the meaning given that term in ORS 315.141. (2) Cost means 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. (3) Renewable energy production system means a system that uses biomass, solar, geothermal, hydroelectric, wind, landfill gas, biogas or wave, tidal or ocean thermal energy technology to produce energy. (4) Solar technology means any system, mechanism or series of mechanisms, including photovoltaic systems, that uses solar radiation to generate electrical energy.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.270. Definitions for ORS 315.331 and 469B.270 to 469B.306. As used in ORS 315.331 and 469B.270 to 469B.306: (1) Cost means the capital costs and expenses necessarily incurred in the acquisition, erection, construction and installation of an energy conservation project. (2) Energy conservation project means any capital investment for which the first year energy savings yields a simple payback period of greater than three years. Energy conservation project does not include: (a) Recycling equipment, products and projects; (b) Transportation projects; (c) Energy recovery as that term is defined in ORS 459.005; or (d) Alternative fuel vehicles. (3) Four globes means the highest of four tiers of ratings for certification in the Green Globes program rating system. (4) Green Globes program means a building guidance and assessment program to advance overall environmental performance and sustainability of commercial buildings established by the Green Building Initiative. (5)(a) LEED means the Leadership in Energy and Environmental Design rating system for certification of energy-efficient and environmentally sustainable buildings established by the U.S. Green Building Council. (b) LEED Platinum means the highest of four tiers of standards for certification in the LEED rating system.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.273. Preference given to certain projects; criteria. (1) In determining the priority of any energy conservation project for tax credits, preference shall be given to those projects that have the highest energy savings over the five-year credit allowance period per tax credit dollar. (2) In administering this section, the Director of the State Department of Energy shall compare projects of similar technology types against each other, take into account the amount of energy saved over the life of the equipment, market or industry sector, expected lifespan of the project compared to the simple payback period, whether the energy savings of the project benefit a party other than the owner and any other factors defined in State Department of Energy rule. The department may certify less than the total cost of any project based on this evaluation.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.276. Transferability of project tax credit; recertification; determination of prices; rules. (1) The owner of a project may transfer a tax credit for the project in exchange for a cash payment equal to the present value of the potential tax credit, as determined at the time of the application for preliminary certification. If the tax credit is subject to recertification, only that portion of the tax credit that has been recertified may be transferred. (2) The State Department of Energy shall establish by rule a formula to be employed in the determination of prices of credits transferred under this section. In establishing the formula the department shall incorporate inflation projections and market real rate of return. (3) The department shall recalculate credit transfer prices quarterly, employing the formula established under subsection (2) of this section. [2011 c.730 40; 2012 c.45 20; 2015 c.545 4] Note: Section 9, chapter 545, Oregon Laws 2015, provides: Sec. 9. Section 2 of this 2015 Act [469B.298] and the amendments to ORS 315.331,
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.279. Standards for energy conservation projects; rules. The State Department of Energy shall by rule establish the following standards relating to energy conservation projects: (1) In consultation with the Department of Consumer and Business Services Building Codes Division, standards relating to energy savings in new construction. (2) Standards relating to what constitutes a replacement of inefficient equipment. (3) Standards for the determination of total project cost. (4) Standards for the application of third party review of research and development projects by a qualified third party selected by the Director of the State Department of Energy, as required in ORS 469B.285.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.282. Limitation on amount receiving preliminary certification. For an energy conservation project, the total amount that receives a preliminary certification from the Director of the State Department of Energy may not exceed $10 million in certified cost.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.285. Application for preliminary certification; eligibility; contents; fees; certification to remain valid for three years; rules. (1) Prior to the installation or construction of an energy conservation project, any person may apply to the State Department of Energy for preliminary certification under ORS
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.288. (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; (g) Information, if applicable, pertaining to prior recommendation of the project by a qualified third party selected by the director; and (h) 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) As part of the final certification process, the director may require the applicant to enter into a performance agreement with the department. The performance agreement may include a recertification requirement under ORS 469B.298 and any additional requirements that the director determines are appropriate to promote the purposes of ORS 315.331 and 469B.270 to 469B.306. (5) After the filing of the application under this section, the director may issue the certificate together with any conditions, including conditions imposed by a performance agreement, that the director determines are appropriate to promote the purposes of ORS 315.331 and 469B.270 to 469B.306. 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 approved in the preliminary certificate issued for the project. (6) Except as otherwise provided in ORS 469B.298, 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. (7) 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 total project cost. (8) The director may establish by rule timelines and intermediate deadlines for submission of application materials. [2011 c.730 45; 2012 c.45 22; 2015 c.545 5] Note: See note under
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.291. Final certification; eligibility; contents of application; performance agreement; rules. (1) The Director of the State Department of Energy may issue a final certification for an energy conservation project under this section only if: (a) The project was installed or constructed under a preliminary certificate of approval issued under ORS 469B.288, unless preliminary certification is waived under ORS 469B.285 (5); (b) The applicant demonstrates the ability to provide the information required by ORS 469B.285 (2) and does not violate any condition that may be imposed as described in subsections (4) and (5) of this section; and (c) The project was installed or constructed in accordance with the applicable provisions of ORS 469B.270 to 469B.306 and any applicable rules or standards adopted by the director. (2) Any 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.294. Fees for certification or recertification; 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 or recertification of an energy conservation project under ORS 469B.270 to 469B.306. 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.270 to 469B.306, including filing, investigating, granting and rejecting applications for certification or recertification and ensuring compliance with ORS 469B.270 to
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.297. Certificate required for tax credits; certification not to exceed five years; recertification. (1) A certificate issued under ORS 469B.291 is required for purposes of obtaining tax credits in accordance with ORS 315.331. Except as otherwise provided in ORS 469B.298, 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 project under ORS 469B.291 is received by the State Department of Energy. If required by the department in a performance agreement, the project owner shall seek recertification during the five-year period, as provided in ORS 469B.298. (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.276, the five-year period shall begin with the tax year in which the transferee pays for the credit. [2011 c.730 47; 2015 c.545 7] Note: See note under
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.298. Recertification of eligibility. (1) An owner of an energy conservation project with a total project cost certified under ORS 469B.291 of $1 million or more that is subject to a recertification requirement in a performance agreement shall apply under this section for recertification of eligibility for the tax credit allowed under ORS 315.331. (2) The applicant shall file an application for recertification with the State Department of Energy at least 60 days prior to the anniversary date of the issuance of the final certificate. The Director of the State Department of Energy may require recertification for the three years following the date of the issuance of the final certificate. (3) The recertification application shall contain the following information: (a) A description of the business operations conducted at the facility and any changes in the business operations since the project was completed; (b) Energy consumption for the project or facility as shown in the preceding 12 months of utility billing records; (c) A statement signed by the applicant attesting that the project is in compliance with all applicable laws related to the ownership and operation of the project; (d) A statement signed by the project owner attesting that the project owner is current on all obligations to the state, including but not limited to taxes and permitting fees; (e) An inspection of the project by the department, if required by the department; and (f) Any other information required by the department. (4) A recertification application filed under this section must be accompanied by the fee established under ORS 469B.294. (5) The department shall review the recertification application and approve the application if it meets the requirements of subsections (3) and (4) of this section and the project is in compliance with all applicable statutes and administrative rules and with the performance agreement. (6) The department may consult with the city or county in which the facility is located or with any state agency in determining whether to approve a recertification application under this section. (7) If the director approves a recertification application, the director shall issue a recertification of eligibility for a tax credit under ORS 315.331 for up to 10 percent of the total project cost certified under ORS 469B.291. The director may deny the recertification or issue a recertification in an amount of credit less than 10 percent of the total project cost certified under ORS
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.300. Suspension or revocation of certificate or portion of certificate. (1) 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.291, as provided in ORS 315.061: (a) For the reasons set forth in ORS 315.061; or (b) If the director finds that: (A) The holder of the certificate or the operator of the project has failed to construct or operate the project in compliance with the plans, specifications and contract terms in the certificate; or (B) The project is no longer in operation. (2) If the project owner is subject to a performance agreement requiring recertification under ORS 469B.298, the certificate shall be considered revoked as to any portion of the tax credit that has not previously received approval under a recertification application that was required to have been filed pursuant to ORS 469B.298. [2011 c.730 48; 2015 c.545 8; 2019 c.483 13] Note: See note under
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.303. Limitations on amount of potential tax credits for energy conservation projects; allocation; rules. (1) The total amount of potential tax credits for all energy conservation projects in this state may not, at the time of preliminary certification under ORS 469B.288, exceed: (a) $28 million for any biennium; or (b) $7.5 million for the six months beginning July 1, 2017, and ending December 31, 2017. (2) In the event that the Director of the State Department of Energy receives applications for preliminary certification with a total amount of certified costs for potential tax credits in excess of the limitations in subsection (1) of this section, the director shall allocate the issuance of preliminary certifications according to standards and criteria established by rule by the director.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.306. (5) The director may, by rule, waive preliminary certification under ORS 469B.288, or may establish an informational filing system in place of preliminary certification, for projects that: (a) Have eligible costs of less than $20,000; (b) Consist of measures that the director determines to be eligible for waiver of preliminary certification; and (c) Comply with any other requirements established by the director. (6) 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.320. Definitions for ORS 315.336 and 469B.320 to 469B.347. As used in ORS 315.336 and 469B.320 to 469B.347: (1) Acquisition of an alternative fuel vehicle fleet includes the replacement of two or more vehicles that are not used primarily for personal, family or household purposes, that are modified or acquired directly from the factory and that: (a) Use an alternative fuel, including electricity, biofuel, gasohol with at least 20 percent denatured alcohol content, hydrogen, Hythane, methane, methanol, natural gas, propane or any other fuel approved by the Director of the State Department of Energy as an alternative fuel; and (b) Produce lower exhaust emissions, or are more energy efficient, than equivalent vehicles fueled by gasoline or diesel. (2) Alternative fuel vehicle infrastructure project includes a facility for mixing, storing, compressing or dispensing fuels for alternative fuel vehicles, and any other necessary and reasonable equipment. (3) Alternative fuel vehicle project means: (a) The acquisition of an alternative fuel vehicle fleet; or (b) An alternative fuel vehicle infrastructure project. (4) Cost includes capital expenditures and core expenses such as vehicle repair, fuel, personnel and administrative expenses. (5) Transportation project means: (a) Transit services provided to members of the public by a public or nonprofit entity 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; or (b) An alternative fuel vehicle project.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.323. Transferability of project tax credit; determination of prices; rules. (1) The owner of a transportation project may transfer a tax credit for the project in exchange for a cash payment equal to the present value of the tax credit. (2) The State Department of Energy shall establish by rule a formula to be employed in the determination of prices of credits transferred under this section. In establishing the formula the department shall incorporate inflation projections and market real rate of return. (3) The department shall recalculate credit transfer prices quarterly, employing the formula established under subsection (2) of this section.
ORS Chapter 469b — Energy Incentives; Tax

ORS 469b.326. Application for preliminary certification; eligibility; contents; fees; certification to remain valid for three years; rules. (1) Prior to the acquisition or performance of a transportation project, a person may apply to the State Department of Energy for preliminary certification for the project under ORS 469B.329 if: (a) The project complies with the standards adopted by the Director of the State Department of Energy; and (b) The applicant will be the owner, contract purchaser or lessee of the project at the time of acquisition or performance of the project. (2) An application for preliminary certification shall be made in writing on a form prepared by the department and shall contain: (a) A statement that the applicant plans to acquire or perform a project that substantially reduces the consumption of purchased petroleum energy. (b) A detailed description of the project and its operation and information showing that the project will operate as represented in the application and remain in operation for at least five years, unless the director by rule specifies another period of operation. (c) Information on the amount by which consumption of purchased petroleum energy by the applicant will be reduced, and, if applicable, information about the expected level of project performance. (d) The anticipated total project cost. (e) Information on the number and types of jobs, directly connected to the allowance of the credit, that will be: (A) Created by the project; and (B) Sustained throughout the acquisition and performance of the project. (f) Information demonstrating that the project will comply with applicable state and local laws and regulations and obtain required licenses and permits. (g) Any other information the director considers necessary to determine whether the project is in accordance with the provisions of ORS 469B.320 to 469B.347, and any applicable rules or standards adopted by the director. (3) An application for preliminary certification shall be accompanied by a fee established under ORS 469B.335. The director may refund all or a portion of the fee if the application for certification is rejected. (4) The director may allow an applicant to file the application for preliminary certification after the start of acquisition or performance of the project if the director finds that: (a) Filing the application before the start of acquisition or performance is inappropriate because special circumstances render filing earlier unreasonable; and (b) The project would otherwise qualify for certification under ORS 469B.320 to