Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 90 - BUSINESS ENERGY TAX CREDITS (BETC) › Section 330-090-0350 - Tiered Prioritization System for Renewable Facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicability: The tiered priority system
			 applies to applications for facilities that use or produce renewable energy
			 resources, or are listed as renewable energy resources, as defined under ORS
			 469B.130.
(2) Process: The department will issue a BETC
			 Opportunity Announcement (OA) detailing the availability of potential tax
			 credits for renewable facilities, the criteria to be applied in selecting
			 facilities for allocation of available potential credits, and soliciting
			 applications within a set time period. Applications will be reviewed within
			 tiers, differentiated by facility cost. The process and level of review differ
			 between tiers as specified in these rules and the OA. The requirements for
			 issuance of preliminary and final certifications within these rules will apply
			 to all applications allocated potential tax credits through the tiered priority
			 system.
(a) Tier one application acceptance
			 and review will be completed on an ongoing basis subject to the tax credit
			 limitations published by the department. Complete applications will be
			 processed in the order they were received and may be rejected once the
			 department has received applications totaling all available credits for this
			 tier.
(b) Tier two application
			 review will consist of an OA and three review steps:
(A) OA: The department will issue an OA and
			 collect applications.
(B) Step one:
			 Applications will be reviewed against initial standards, which will include
			 criteria that will ensure those that advance are complete and that the facility
			 can be completed prior to the program sunset. The fee for step one is
			 non-refundable. Applications that do not proceed to step two or three may
			 reapply during a future OA.
(C)
			 Step two: Applications will be reviewed for priority against standards and
			 criteria detailed in the OA and initial allocations of available potential tax
			 credit will be made. Applications that proceed to step three will be required
			 to submit an additional non-refundable fee.
(D) Step three: Technical review of proposed
			 facilities will be completed, allocations of potential tax credits confirmed
			 and announced, and preliminary certifications issued.
(c) Tier three application review will
			 consist of an OA and three review steps:
(A)
			 OA: The department will issue an OA and collect applications.
(B) Step one: Applications will be reviewed
			 against initial standards specified within the OA to include ensuring those
			 that advance are complete, and that the facility can be completed prior to the
			 program sunset. The fee for step one is non-refundable. Applications that do
			 not proceed to step two or three may reapply during a future OA.
(C) Step two: Applications will be reviewed
			 for priority against standards and criteria detailed in the OA and initial
			 allocations of available potential tax credit will be made. Applications that
			 proceed to step three will be required to submit an additional fee.
(D) Step three: Technical review of proposed
			 facilities will be completed and allocations of potential tax credits confirmed
			 prior to the issuance of a preliminary certification. If the department
			 determines that it does not have the appropriate resources available to conduct
			 the review, the department may notify the applicant that the department intends
			 to use a third party to conduct the technical review. If a third party is used,
			 the applicant will be required to submit payment to the department approved
			 third party for the review.