reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.475 - Legislative findings; electricity markets; review of greenhouse gas emissions rates.

(1)(a) The Legislative Assembly finds that existing and future electricity markets will play a critical role in the transformation of the electric sector to nonemitting sources, as well as enabling load serving entities to reduce costs and serve load reliably by accessing resource and load diversity.
(b) The Legislative Assembly further finds that accounting and compliance frameworks designed to further the State of Oregon’s policy objectives should support and be consistent with efforts to enhance the access to and scope of existing and potential future electricity markets.
(c) Acknowledging the inherently regional and multistate nature of electricity markets, the State of Oregon should coordinate and collaborate with other states to achieve the goal of aligning accounting methodologies where possible while also ensuring market rules do not undermine state policy objectives.
(d) Over time, the evolution of regional wholesale electricity markets may necessitate the modification of existing accounting and compliance rules to ensure the benefit of market participation are preserved.
(2) The Department of Environmental Quality may periodically review and update its calculation under ORS 468A.280 of the greenhouse gas emissions rates assigned to unspecified power purchases and purchases of power dispatched by centralized market operators to reflect the current resource mix and associated emissions of such purchases. The department shall ensure that the calculation of emissions rates under this section takes into account the potential for the energy imbalance market and other centralized market operations across a wide geographic area to increase the availability of nonemitting resources to serve load in the state. [2021 c.508 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469A - Renewable Portfolio Standards › Section 469A.480 - Electric company serving 25,000 or fewer consumers not subject to requirements.

ORS 469A.400 to 469A.475 do not apply to an electric company, as defined in ORS 757.600, that serves electricity to 25,000 or fewer retail electricity consumers, as defined in ORS 757.600, located in this state. [2021 c.508 §17]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.103 - Criteria; federal standards; rules.

(1) For the purposes of carrying out ORS 469B.100 to 469B.118, the State Department of Energy may adopt rules prescribing minimum performance criteria for alternative energy devices for dwellings. The department may, in prescribing criteria, rely on applicable federal, state and local requirements for energy efficiency, including the state building code, state and federal appliance standards and any specialty codes and any code adopted by the Building Codes Division of the Department of Consumer and Business Services.
(2) The department shall take into consideration evolving market conditions in prescribing minimum performance criteria for alternative energy devices and in determining credit amounts, consistent with ORS 316.116.
(3) The department, in adopting rules under this section for solar heating and cooling systems, shall take into consideration applicable standards of federal performance criteria prescribed pursuant to the provisions of the Solar Heating and Cooling Demonstration Act of 1974, 42 U.S.C. 5506.
(4) The Director of the State Department of Energy shall adopt rules governing the determination of eligibility, verification and certification of an alternative fuel device for purposes of the tax credits granted under ORS 316.116, including but not limited to rules that further define an alternative fuel device and that govern the computation of costs eligible for credit.
(5) The department shall by rule establish policies and procedures for the administration and enforcement of the provisions of ORS 316.116 and 469B.100 to 469B.118. [Formerly 469.165; 2015 c.701 §29]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.112 - Ineligible devices; rules.

The following devices are not eligible for the tax credit under ORS 316.116:
(1) Standard efficiency furnaces;
(2) Air conditioning systems;
(3) Boilers;
(4) Standard back-up heating systems;
(5) Woodstoves or wood furnaces, or any part of a heating system that burns wood, unless the woodstove, furnace or system constitutes a premium efficiency biomass combustion device described in ORS 469B.100 (3)(i);
(6) Heat pump water heaters that are part of a geothermal heat pump space heating system;
(7) Structures that cover or enclose a swimming pool;
(8) Swimming pools, hot tubs or spas used to store heat;
(9) Above ground, uninsulated swimming pools, hot tubs or spas;
(10) Photovoltaic systems installed on recreational vehicles;
(11) Conversion of an existing alternative energy device to another type of alternative energy device;
(12) Repair or replacement of an existing alternative energy device;
(13) A category two alternative energy device, if the equipment or other property that comprises the category two alternative energy device is the basis for an allowed credit for a category one alternative energy device under ORS 316.116;
(14) A category one alternative energy device, if the equipment or other property that comprises the category one alternative energy device is also the basis for an allowed credit for a category two alternative energy device under ORS 316.116; or
(15) Any other device identified by the State Department of Energy. The department may adopt rules defining standards for eligible and ineligible devices under this section. [Formerly 469.172; 2015 c.701 §31]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.115 - Performance assumptions and prescriptive measures for tax credits.

(1) In order to carry out ORS 469B.100 to 469B.118, the State Department of Energy shall develop performance assumptions and prescriptive measures to determine the eligibility and tax credit amount for alternative energy devices constructed or installed in a dwelling.
(2) The department shall use the performance assumptions and prescriptive measures to develop information for the Department of Revenue to use to allow taxpayers to determine their eligibility and tax credit amount. The State Department of Energy may review this information on an annual basis to take into consideration new technology and performance assumption accuracy.
(3) For the purpose of determining the first year energy yield of an alternative energy device, the department shall use the following assumptions and test standards:
(a) Solar Rating and Certification Corporation standards SRCC 100, 300, American Society of Heating, Refrigerating and Air-Conditioning Engineers 93-77, or the Air-Conditioning, Heating, and Refrigeration Institute under ANSI/AHRI/ASHRAE/ISO Standard 13256-1 test at 50 degrees Fahrenheit entering water temperature, as appropriate. The testing requirements under this paragraph do not apply to an owner-built alternative energy device.
(b) For an alternative energy device used as a source for space heating or cooling, the heating or cooling energy load as determined by a heat loss or gain calculation performed in accordance with the methods established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers. Except for an owner-built or site-built system, an alternative energy device used as a source for domestic hot water heating must meet the SRCC OG 300 systems test or comply with comparable requirements as determined by the department.
(c) For an alternative energy device used as a source for electrical energy, the first year energy yield shall be based upon the electrical energy load of the dwelling as determined according to the procedure established by the department.
(d) For an alternative energy device used as a source for swimming pool, spa or hot tub heating, the first year energy yield shall be based on the heating load of the swimming pool, spa or hot tub as determined according to the procedure established by the department. [Formerly 469.176; 2015 c.701 §32]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.118 - Forfeiture of tax credits; revocation of contractor certificate; inspection; effect of failure to allow inspection; collection.

(1) The Director of the State Department of Energy may order the forfeiture of a tax credit allowed under ORS 316.116, 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 alternative energy device has not been constructed, installed or operated in substantial compliance with the requirements of ORS 469B.100 to 469B.118; or
(B) The taxpayer failed to consent to an inspection of the constructed or installed alternative energy device by the State Department of Energy after a reasonable, written request for such an inspection by the State Department of Energy.
(2) The Director of the State Department of Energy may order the revocation of a contractor certificate issued under ORS 469B.106, 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 contractor’s performance for the alternative energy device for which the contractor is issued a certificate under ORS 469B.106 does not meet industry standards; or
(B) The contractor has misrepresented to the customer either the tax credit program or the nature or quality of the alternative energy device.
(3) If the tax credit for the construction or installation of an alternative energy device is ordered forfeited due to an action of the contractor, the Department of Revenue shall proceed to collect, from the contractor, an amount equivalent to those taxes not paid by the taxpayer as a result of the tax credit relief under ORS 316.116. If the forfeiture is due to an action of the contractor and not to an action of the taxpayer, the assessment of these taxes shall be levied on the contractor and not on the taxpayer. Notwithstanding ORS 314.835, the Department of Revenue may disclose information from income tax returns or reports to the extent such disclosure is necessary to collect amounts from contractors under this subsection.
(4) In order to obtain information necessary to verify eligibility and amount of the tax credit, the State Department of Energy or its representative may inspect an alternative energy device that has been purchased, constructed or installed. The inspection shall be made only with the consent of the owner of the dwelling. Failure to consent to the inspection is grounds for the forfeiture of any tax credit relief under ORS 316.116. The Department of Revenue shall proceed to collect any taxes due according to subsection (3) of this section. For electrical generating alternative energy devices, the State Department of Energy may obtain energy consumption records for the dwelling the device serves, for a 12-month period, in order to verify eligibility and amount of the tax credit. [Formerly 469.180; 2015 c.701 §33; 2019 c.483 §11]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.133 - Policy.

In the interest of the public health, safety and welfare, it is the policy of the State of Oregon to encourage the conservation of electricity, petroleum and natural gas by providing tax relief for Oregon facilities that conserve energy resources or meet energy requirements through the use of renewable resources. [Formerly 469.190]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.136 - Priority given to certain projects; criteria; rules.

(1) In determining the eligibility of any facility for tax credits, preference shall be given to those projects that:
(a) Provide energy savings for real or personal property within the state inhabited as the principal residence of a tenant, including:
(A) Nonowner occupied single family dwellings; and
(B) Multiple unit residential housing; or
(b) Provide long-term energy savings from the use of renewable resources or conservation of energy resources.
(2) The Director of the State Department of Energy shall establish by rule a tiered priority system to be used in evaluating applicants for certification of facilities using or producing renewable energy resources. The tier system shall be based upon the projected costs of facilities. In determining the eligibility for tax credits and in allocating the available certified cost pursuant to section 2 (1), chapter 76, Oregon Laws 2010, among facilities, the director shall subject facilities with higher projected costs to closer scrutiny, shall compare projects of similar costs against each other and may certify less than the total cost of any facility based on this evaluation. The director may employ criteria including the following factors as defined by rule:
(a) Technology-specific energy production standards;
(b) Market sector;
(c) Delivery of energy into existing distribution and transmission network;
(d) Investment payback period;
(e) Expected lifespan of the facility;
(f) Potential for long-term viability;
(g) Environmental standards established by the director;
(h) Potential to create and sustain new jobs;
(i) Projected siting in a location that is geographically or socioeconomically advantageous;
(j) Demonstrated readiness to begin implementation;
(k) Amount and quality of energy generated;
(L) Strength of business plan;
(m) Provision of operations and maintenance data, with appropriate protections for trade secrets consistent with ORS chapter 192;
(n) Connection to existing infrastructure;
(o) Third-party review of the applicant’s business plan; or
(p) Data related to projected return on investment. [Formerly 469.195]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.139 - Criteria for high-performance homes, renewable energy systems, combined heat and power facilities and facilities using or producing renewable energy resources; rules.

The State Department of Energy shall by rule establish all of the following criteria:
(1) For a high-performance home, the minimum design and construction standards that must be met or exceeded for a dwelling to be considered a high-performance home, including but not limited to standards for the building envelope, HVAC systems, lighting, appliances, water conservation measures, use of sustainable building materials and on-site renewable energy systems. The criteria must also establish the minimum reduction in estimated net purchased energy that a dwelling must achieve to be considered a high-performance home.
(2) For a homebuilder-installed renewable energy system, the minimum performance and efficiency standards that a solar electric system, solar domestic water heating system, passive solar space heating system, wind power system, geothermal heating system, fuel cell system or other system utilizing renewable resources must achieve to be considered a homebuilder-installed renewable energy system.
(3) For a high-efficiency combined heat and power facility, the minimum performance and efficiency standards that the facility must achieve to be considered a high-efficiency combined heat and power facility.
(4) For a facility using or producing renewable energy resources, standards relating to criteria required under ORS 469B.136 (2).
(5) Standards, consistent with the definitions in ORS 469B.130, relating to what constitutes a single facility. [Formerly 469.197]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.142 - Annual limit to cost of facility eligible for tax credits; discretion of director; rules.

(1) For a facility, the total cost that receives a preliminary certification from the Director of the State Department of Energy for tax credits in any calendar year may not exceed:
(a) $20 million, in the case of a facility using or producing renewable energy resources or a high-efficiency combined heat and power facility;
(b) Five percent of the total cost of the facility but no more than $3 million, in the case of a facility that uses or produces renewable energy resources and is a wind facility with an installed capacity of more than 10 megawatts; or
(c) $10 million, in the case of any other facility.
(2) The director shall determine the dollar amount certified for any facility and the priority between applications for certification based upon the criteria contained in ORS 469B.130 to 469B.169 and applicable rules and standards adopted under ORS 469B.130 to 469B.169. The director may consider the status of a facility as a research, development or demonstration facility of new renewable resource generating and conservation technologies or a qualified transit pass contract in the determination. [Formerly 469.200]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.148 - Transferability of facility tax credit; effect on taxes reported by public utility; rules.

(1) The owner of a facility may transfer a tax credit for the facility 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.
(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.
(4) Notwithstanding any other provision of law, a tax credit transferred pursuant to this section does not decrease the amount of taxes required to be reported by a public utility. [Formerly 469.206; 2012 c.45 §23a]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.151 - Tax credit for rental housing units; eligibility.

(1) Except as provided in subsection (3) of this section, an applicant under ORS 469B.145 (1)(c) shall be eligible for a tax credit for energy conservation measures installed in rental housing units pursuant to ORS 469.636. The tax credit shall apply to only the first $5,000 of actually installed energy conservation measure costs per dwelling unit.
(2) An owner, contract purchaser or lessee of a rental housing unit for which energy conservation measures have been financed by an applicant under subsection (1) of this section is ineligible for an energy conservation measure tax credit for such measures.
(3) No applicant under ORS 469B.145 (1)(c) shall be eligible for a tax credit for energy conservation measures installed in rental housing units pursuant to ORS 469.636 if the rental housing units are constructed on or after January 1, 1996. [Formerly 469.207]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.154 - Transferability of rental housing unit tax credit; rules.

(1) The owner of a rental housing unit may transfer a tax credit for energy conservation measures installed in rental housing units under ORS 469B.151 in exchange for a cash payment equal to the present value of the tax credit. To be eligible for a transfer, the energy conservation measures must have been recommended in an energy audit as provided in ORS 469.633 or 469.651.
(2) The State Department of Energy may establish by rule uniform discount rates to be used in calculating the present value of a tax credit under this section. [Formerly 469.208; 2017 c.727 §15]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.157 - Submissions for preliminary certification; alteration, conditions, suspension or denial of preliminary certification.

(1) The Director of the State Department of Energy may require the submission of plans, specifications and contract terms, and after examination thereof, may request corrections and revisions of the plans, specifications and terms.
(2) If the director determines that the proposed acquisition, erection, construction or installation is technically feasible and should operate in accordance with the representations made by the applicant, and is in accordance with the provisions of ORS 469B.130 to 469B.169 and any applicable rules or standards adopted by the director, the director shall issue a preliminary certificate approving the acquisition, erection, construction or installation of the facility. The certificate shall indicate the potential amount of tax credit allowable and shall list any conditions for claiming the credit.
(3) The director may issue an order altering, conditioning, suspending or denying preliminary certification if the director determines that:
(a) The acquisition, erection, construction or installation does not comply with the provisions of ORS 469B.130 to 469B.169 and applicable rules and standards;
(b) The applicant has previously received preliminary or final certification for the same costs;
(c) The applicant is unable to demonstrate that the facility would be economically viable without the allowance of additional credits under ORS 315.354;
(d) The applicant was directly involved in an act for which the director has levied civil penalties or revoked, canceled or suspended any certification under ORS 469B.130 to 469B.169; or
(e) The applicant or the principal, director, officer, owner, majority shareholder or member of the applicant, or the manager of the applicant if the applicant is a limited liability company, is in arrears for payments owed to any government agency while in any capacity with direct or indirect control over a business. [Formerly 469.210]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.164 - Fees for certification; rules.

By rule and after hearing, the Director of the State Department of Energy may adopt a schedule of reasonable fees which the State Department of Energy may require of applicants for preliminary or final certification under ORS 469B.130 to 469B.169. 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 filing, investigating, granting and rejecting applications for certification and shall be designed not to exceed the total cost estimated by the department. Any excess fees shall be held by the department and shall be used by the department to reduce any future fee increases. The fee may vary according to the size and complexity of the facility. The fee shall not be considered as part of the cost of the facility to be certified. [Formerly 469.217]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.167 - Certificate required for tax credits; certification not to exceed five years.

(1)(a) A certificate issued under ORS 469B.161 is required for purposes of obtaining tax credits in accordance with ORS 315.354. 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 facility under ORS 469B.161 is received by the State Department of Energy.
(b) For a transferee holding a credit that has been transferred under ORS 469B.148 or 469B.154, the five-year period shall begin with the tax year in which the transferee pays for the credit.
(2) Notwithstanding subsection (1) of this section, for a facility using or producing renewable energy resources with a certified cost that exceeds $10 million and that receives final certification under ORS 469B.161 after January 1, 2010:
(a) The five-year period prescribed in subsection (1)(a) of this section shall begin with the tax year immediately following the tax year during which the completed application for final certification of the facility under ORS 469B.161 is received by the department.
(b) If claimed by a transferee, the first of five tax years in which the transferee may claim the credit is the tax year in which the transferee paid for the credit or the tax year prescribed in paragraph (a) of this subsection, whichever is later.
(c) An application shall be considered complete without the identification of a transferee for purposes of ORS 469B.148 or 469B.154.
(3) If the original owner of the certificate uses any portion of the credit, the certificate becomes nontransferable. [Formerly 469.220]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.169 - Suspension or revocation of certificate; forfeiture of tax credits; collection.

(1) Under the procedures for a contested case under ORS chapter 183, the Director of the State Department of Energy may order the suspension or revocation of the certificate issued under ORS 469B.161 if the director finds that:
(a) The certification was obtained by fraud or misrepresentation;
(b) The holder of the certificate or the operator of the facility has failed to construct or operate the facility in compliance with the plans, specifications and procedures in the certificate; or
(c) The facility is no longer in operation.
(2) As soon as the order of revocation under this section becomes final, the director shall notify the Department of Revenue, the facility owner, contract purchaser or lessee and any transferee under ORS 469B.148 of the order of revocation.
(3) If the certificate is ordered revoked pursuant to subsection (1)(a) of this section, all prior tax credits provided to the holder of the certificate by virtue of the certificate shall be forfeited and upon notification under subsection (2) of this section the Department of Revenue immediately shall proceed to collect those taxes not paid by the certificate holder as a result of the tax credits provided to the holder under ORS 315.354.
(4)(a) The Department of Revenue shall have the benefit of all laws of this state pertaining to the collection of income and excise taxes and may proceed to collect the amounts described in subsection (3) of this section from the person that obtained certification from the State Department of Energy or any successor in interest to the business interests of that person. No assessment of tax shall be necessary and no statute of limitation shall preclude the collection of taxes described in this subsection.
(b) For purposes of this subsection, a lender, bankruptcy trustee or other person that acquires an interest through bankruptcy or through foreclosure of a security interest is not considered to be a successor in interest to the business interests of the person that obtained certification from the State Department of Energy.
(5) If the certificate is ordered revoked pursuant to subsection (1)(b) of this section, the certificate holder shall be denied any further relief under ORS 315.354 in connection with the facility from and after the date that the order of revocation becomes final.
(6) Notwithstanding subsections (1) to (5) of this section, a certificate or portion of a certificate held by a transferee under ORS 469B.148 may not be considered revoked for purposes of the transferee, the tax credit allowable to the transferee under ORS 315.354 may not be reduced and a transferee is not liable under subsections (3) and (4) of this section. [Formerly 469.225]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.171 - Assistance with facility purchase for investor-owned utility customers.

(1) An investor-owned utility may offer cash payments to assist the utility’s commercial and industrial customers in purchasing a facility as defined in ORS 469B.130, including but not limited to an alternative fuel vehicle refueling station. The utility may pay the customer the present value to the utility of the tax credit to which the customer would be entitled under ORS 469B.130 to 469B.169.
(2) As used in this section, "cash payment" and "investor-owned utility" have the meanings given those terms in ORS 469.631. [Formerly 469.878]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.250 - Definitions for ORS 469B.250 to 469B.265.

As used in ORS 469B.250 to 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. [2011 c.730 §27]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.253 - Application for grant; fees.

(1) Prior to the installation or construction of a renewable energy production system, any person may apply to the State Department of Energy for a grant under ORS 469B.256 if:
(a) The applicant will be the owner, contract purchaser or lessee of the system at the time of installation or construction of the proposed system;
(b) The system does not exceed 35 megawatts of nameplate capacity;
(c) The system is located in Oregon; and
(d) The system complies with the standards or rules adopted by the Director of the State Department of Energy.
(2) An application for a grant under ORS 469B.256 shall be made in writing on a form prepared by the department and shall contain:
(a) A detailed description of the system and its operation and information showing that the system 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.
(b) The anticipated total system cost.
(c) Information on the number and type of jobs, directly connected to the awarding of the grant, that will be:
(A) Created by the system; and
(B) Sustained throughout the construction, installation and operation of the system.
(d) Information demonstrating that the system will comply with applicable state and local laws and regulations and obtain required licenses and permits.
(e) Any other information the director considers necessary to determine whether the system is in accordance with the provisions of ORS 469B.250 to 469B.265, and any applicable rules or standards adopted by the director.
(3) An application for a grant shall be accompanied by a fee established under ORS 469B.259. The director may refund all or a portion of the fee if the application for a grant is rejected.
(4) The director may allow an applicant to file the application for a grant after the start of installation or construction of the system if the director finds that:
(a) Filing the application before the start of installation or construction is inappropriate because special circumstances render filing earlier unreasonable; and
(b) The system would otherwise qualify for a grant under ORS 469B.250 to 469B.265. [2011 c.730 §29; 2012 c.45 §4]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.256 - Grant award; performance agreement; denial; limitations; forfeiture.

(1) The Director of the State Department of Energy may require an applicant for a grant under this section for a renewable energy production system to submit plans, specifications and contract terms, and after examination of the plans, specifications and terms may request corrections and revisions.
(2) If the director determines that the system is technically feasible and should operate in accordance with the representations made by the applicant, and is in accordance with the provisions of ORS 469B.250 to 469B.265 and any applicable rules or standards adopted by the director, the director may enter into a performance agreement with the applicant and award a grant under this section to the applicant. The grant provided for in the performance agreement may not exceed 35 percent of the cost of the project and may not exceed $250,000 per system. If construction does not begin within 12 months of an award under this section, the performance agreement shall be void and the State Department of Energy shall revoke the grant.
(3) The director may, in accordance with ORS chapter 183, deny a grant under this section if the director determines that:
(a) The system does not comply with the provisions of ORS 469B.250 to 469B.265 and applicable rules and standards;
(b) The applicant was directly involved in an act for which the director has levied civil penalties or revoked, canceled or suspended any certification under ORS 315.326 or 469B.130 to 469B.169, or any grant under ORS 469B.250 to 469B.265; or
(c) The applicant or the principal, director, officer, owner, majority shareholder or member of the applicant, or the manager of the applicant if the applicant is a limited liability company, is in arrears for payments owed to any government agency while in any capacity with direct or indirect control over a business.
(4) The department shall reduce the amount of grant allowable to an applicant if, when combined with other government incentives or grants available to the applicant, the amount calculated under subsection (2) of this section exceeds 75 percent of the total system cost calculated under this section.
(5) Upon determination by the director that the applicant has violated the provisions of the performance agreement or ORS 469B.250 to 469B.265, the applicant will be liable to the department for all grant moneys disbursed to the applicant. [2011 c.730 §30; 2012 c.45 §1]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 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 469B.250 to 469B.265 and shall be designed not to exceed the total cost estimated by the department. Any excess fees shall be held by the department and shall be used by the department to reduce any future fee increases. The fee may vary according to the size and complexity of the system. The fee is not considered part of the cost of the system for which a grant is being sought. [2011 c.730 §31]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 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. [2011 c.730 §32]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.265 - Policies and procedures; standards for single renewable energy production system; rules.

The State Department of Energy shall by rule establish policies and procedures for the administration and enforcement of the provisions of ORS 315.326, 315.329 and 469B.250 to 469B.265, including standards for what constitutes a single renewable energy production system. [2011 c.730 §33]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 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. [2011 c.730 §38]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 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. [2011 c.730 §39]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 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, 469B.276, 469B.291, 469B.294, 469B.297 and 469B.300 by sections 3 to 8 of this 2015 Act apply to applications for final certification under ORS 469B.291 submitted on or after September 1, 2015, and to tax years beginning on or after January 1, 2015. [2015 c.545 §9]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 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. [2011 c.730 §41]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 469B.288 - Submissions for preliminary certification; alteration, conditions, suspension or denial of preliminary certification.

(1) The Director of the State Department of Energy may require an applicant for certification of an energy conservation project to submit plans, specifications and contract terms, and after examination of the plans, specifications and terms may request corrections and revisions.
(2) If the director determines that the project is technically feasible and should operate in accordance with the representations made by the applicant, and is in accordance with the provisions of ORS 469B.270 to 469B.306 and any applicable rules or standards adopted by the director, the director may issue a preliminary certificate approving the installation or construction of the project. The certificate shall indicate the potential amount of tax credit allowable and shall list any conditions for claiming the credit.
(3) In accordance with ORS chapter 183, the director may issue an order altering, conditioning, suspending or denying preliminary certification if the director determines that:
(a) The project does not comply with the provisions of ORS 469B.270 to 469B.306 and applicable rules and standards;
(b) The applicant has previously received preliminary or final certification for the project;
(c) The applicant was directly involved in an act for which the director has levied civil penalties or revoked, canceled or suspended any certification under ORS 469B.130 to 469B.169 or 469B.270 to 469B.306; or
(d) The applicant or the principal, director, officer, owner, majority shareholder or member of the applicant, or the manager of the applicant if the applicant is a limited liability company, is in arrears for payments owed to any government agency while in any capacity with direct or indirect control over a business. [2011 c.730 §44]
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 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 469B.306 and shall be designed not to exceed the total cost estimated by the department. Any excess fees shall be held by the department and shall be used by the department to reduce any future fee increases. The fee may vary according to the size and complexity of the project. The fee is not considered part of the cost of the project to be certified. [2011 c.730 §46; 2015 c.545 §6]
Note:
See note under 469B.276.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 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 469B.276.
2023 Oregon Revised Statutes › Volume : 13 - Housing, Games, Environment › Chapter 469B - Energy Incentives; Tax Credits; Grants › Section 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 469B.276.