reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 will grant or deny tax credits in accordance with ORS
			 469B.100 through
			 469B.118 and ORS
			 316.116 which allow tax credits
			 for Alternative Energy Devices (AEDs).
(2) These rules establish the criteria and
			 standards for issuance of tax credits for AEDs. None of these rules replace any
			 building code requirements.
(3) All
			 decisions made by the department regarding AED eligibility, approval of
			 tax-credit technician status, complaints regarding performance of tax-credit
			 technicians, revocation of tax-credit technician status and other matters
			 relating to the administration of this program after the effective date of
			 these rules will be made consistent with the criteria and standards contained
			 in these rules.
(4) The amendments
			 to these rules apply to AEDs purchased on or after January 1, 2017.
Stat. Auth.: ORS
				  469.040,
				  469B.103
Stats. Implemented: ORS
				  469B.100-469B.118,
				  316.116
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0013 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of Oregon Administrative Rules, chapter 330,
				division 70 the following definitions apply unless the context requires
				otherwise:
(1) "Alternative Energy
			 Device" (AED) - has the meaning provided in ORS
			 469B.100 and includes a category
			 one alternative energy device or a category two alternative energy
			 device.
(2) "Alternative Fuel" -
			 means any fuel other than gasoline or diesel oil such as electricity, natural
			 gas, ethanol, methanol, propane, and any other fuel approved by the
			 Director.
(3) "Alternative Fuel
			 Device" - has the meaning provided in ORS
			 469B.100, and includes a
			 facility for mixing, storing, compressing or dispensing fuels for alternative
			 fuel vehicles, and any other necessary and reasonable equipment. Does not
			 include the purchase of an alternative fuel vehicle.
(4) "Annual Fuel Utilization Efficiency"
			 (AFUE) - means a thermal efficiency measurement of combustion equipment like
			 furnaces, boilers, and water heaters. The AFUE differs from the true 'thermal
			 efficiency' in that it is not a steady-state, peak measure of conversion
			 efficiency, but instead attempts to represent the actual, season-long, average
			 efficiency of that piece of equipment.
(5) "Applicant" - means an individual, estate
			 or trust subject to tax under ORS chapter 316, who applies for a residential
			 energy tax credit under this division of rules.
(6) "British Thermal Unit" (Btu) - means a
			 unit of energy. One Btu is the amount of heat required to raise the temperature
			 of one pound of water by one degree Fahrenheit.
(7) "Coefficient of Performance" (COP) -
			 means the measurement of how efficiently a heating or cooling system
			 (particularly a heat pump in its heating mode) will operate at a given outdoor
			 temperature condition. The ratio calculated by dividing the usable output
			 energy by the electrical input energy. Both energy values must be expressed in
			 equivalent units.
(8) "Department"
			 - means the Oregon Department of Energy, unless specified otherwise.
(9) "Domestic Water Heating" - has the
			 meaning provided in ORS
			 469B.100 and does not include
			 space heating systems.
(10)
			 "Dwelling" - has the meaning provided in ORS
			 469B.100.
(a) Dwelling includes, but is not limited to,
			 a single-family residence or an individual unit within multiple unit
			 residential housing.
(b) Dwelling
			 does not include a mobile home or recreational vehicle as defined in ORS
			 446.003.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0014 - Pass-Through Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 individual, estate or trust subject to tax under ORS chapter 316 that pays the
			 present value to purchase the approved tax credit from the applicant may be
			 eligible to claim the tax credit in place of the applicant.
(2) In accordance with ORS
			 469B.106(10),
			 the department establishes the following rates for calculating the present
			 value of the tax credit:
(a) For tax credits
			 greater than $1,500 the present value is 90 percent of the tax credit
			 amount.
(b) For tax credits less
			 than $1,500 the present value is 95 percent of the tax credit amount.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0020 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify for
			 a credit, a person must meet all of the following:
(a) Be subject to Oregon personal income tax.
(b) Purchase an AED, complete
			 construction, install an AED in or at an Oregon dwelling, and obtain a
			 certification in accordance with OAR 330-070-0010  through 330-070-0097.
(c) Be the owner or contract buyer
			 of an Oregon dwelling served by the AED, or be a tenant of the dwelling owner:
(A) Use the dwelling as a primary or
			 secondary residence; or
(B) Rent
			 or lease the dwelling to a tenant who uses the dwelling or dwellings as a
			 primary or secondary residence.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0021 - Eligible Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 be eligible for a tax credit, an AED must meet all of the following:
(a) Be a complete system that is currently
			 operating and meets these rules.
(b) Be a system that is built, installed, and
			 operated in or at an Oregon dwelling in accordance with ORS
			 469B.100 through
			 469B.118, the AED manufacturer's
			 instructions and all applicable codes and standards.
(c) Be a system with manufacturers'
			 warranties against defects in products and materials, including remanufactured
			 equipment.
(d) Be a system that
			 complies with general and specific standards in these rules as they apply to
			 AED systems and listed in OAR 330-070-0059  through 330-070-0097.
(e) Be a single system, which must be fully
			 functional without the assistance of or component sharing with another system.
			 Regardless of the number of components, a system must be controlled and able to
			 distribute its result separate of any other system. Two or more units that
			 share controls, a ductwork distribution system or hydronic distribution system
			 will be considered a single system. This subsection does not apply to category
			 two alternative energy devices.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0024 - Year Credit Claimed

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The tax credit must be claimed pursuant to ORS
			 316.116.
(2) The tax credit allowed in any one year
			 may not exceed a person's tax liability for that year. Unused credit may be
			 carried forward for a maximum of 5 years as allowed under ORS
			 316.116.
(3) The tax year for which the tax credit may
			 be claimed is determined by the operational date of the AED:
(a) If the operational date of the AED is
			 before April 1 of the tax year following the year it was purchased, then the
			 tax credit must be claimed for the tax year in which the AED was purchased.
			 Proof of purchase is established using the "Purchase Date" as defined in OAR
			 330-070-0013.
(b) Otherwise, the
			 tax credit must be claimed for the tax year in which the AED became
			 operational. Proof of operation is established using the "Operational Date" as
			 defined in OAR 330-070-0013.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0025 - Application for System Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applicants for a tax credit must obtain a
			 system certification from the department.
(2) All applications for a system
			 certification must meet all of the following:
(a) Provide all requested information and
			 include a statement that the system and technician or owner-builder will meet
			 all federal, state and local requirements.
(b) Include the applicant's social security
			 number for use as an identification number in maintaining internal records. The
			 applicant's social security number may be shared with the Department of Revenue
			 to establish the identity of an individual in order to administer state tax
			 law.
(c) State:
(A) The system cost of the AED;
(B) The location of the AED; and
(C) That the applicant has received an
			 operating manual for the AED, except that no operating manual is required for
			 sunspaces or direct gain space heating systems.
(d) Include an agreement by the tax-credit
			 technician to make any changes required by the department for the system to
			 comply with ORS 469B.100 through
			 469B.118 and
			 316.116.
(e) Be signed by the applicant and tax-credit
			 technician, if any. Alternatively, a form of electronic signature acceptable to
			 the department may be provided.
(f)
			 Include no false or misleading information about an AED.
(g) For third-party installations, include a
			 valid reference number as issued to the third-party by the department under OAR
			 330-070-0029.
(h) The contractor's
			 certification that the AED was installed in accordance with manufacturer's
			 installation specifications and all applicable codes and
			 standards.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0026 - Tax-Credit Technician

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Technicians may apply for the department's tax-credit technician (TCT) status
			 for a technology listed in section (2) of this section. Tax-credit technician
			 status is intended to assist consumers with the state tax credit program,
			 ensure that the systems are installed according to department rules, and verify
			 system installation quality and performance. Technician status is valid for two
			 years and must be renewed to remain in effect.
(2) A tax-credit technician status applies
			 only to the following products:
(a) Solar
			 water heating systems;
(b)
			 Geothermal systems; and
(c)
			 Photovoltaic systems.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0027 - Application Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The department must receive an application on or before June 1, 2018 to
			 consider the application for AED tax credit approval. AEDs must comply with OAR
			 330-070-0010  through 330-070-0097. Specific rules for each type of AED are
			 provided in OAR 330-070-0059  through 330-070-0097.
(2) The department will return applications
			 that are not complete and will identify the additional information
			 needed.
(3) The department may
			 require more details to complete its review of an application.
(a) If the department requests additional
			 data and does not receive it within 30 days, the department may deny the
			 application.
(b) During review, the
			 department may ask for proof that the AED complies the rules. The department
			 may also suggest changes to allow the AED and application to comply with these
			 rules.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0029 - Third-Party Alternative Energy Device Installations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A third-party who intends to complete a
			 third-party alternative energy device installation must obtain a reservation
			 before commencing installation.
(2)
			 The third-party must apply to reserve potential tax credits by submitting a
			 completed reservation request to the department. A reservation request may only
			 be submitted after the owner of the residential property has entered into a
			 contract for a third-party alternative energy device installation. The
			 reservation request must contain the information required by the department and
			 be submitted in PowerClerk.
(3)
			 The department may require the third-party to provide a copy of the signed
			 contract at any time after the submission of a reservation request. Failure to
			 provide requested documents within 30 calendar days may result in the loss of
			 reservations made by the third-party.
(4) A third-party may reserve no more than 25
			 potential tax credits in each reservation request application. The following
			 limits on reservation requests also apply:
(a) A third-party may request the reservation
			 of up to 50 potential tax credits each week.
(b) A third-party may request no more than
			 900 reservations between January 1 and September 30 and may request no more
			 than 1,300 total reservations in a calendar year.
(c) The department will not accept
			 reservation request applications once the annual limit in Oregon Laws 2011,
			 chapter 730, section 75 has been reached.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0040 - Other Rules and Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 AEDs must comply with all state, federal and local laws and rules that apply.
(2) The policy of the department
			 is:
(a) To accept the findings of local,
			 state and federal agencies which license or permit projects to be built or run;
(b) To avoid influencing any of
			 those agencies to approve or deny a license or a permit; and
(c) To provide facts from tax credit files to
			 such agencies when asked.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0045 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Actions that
			 are cause for revocation of a residential alternate energy tax credit:
(a) A system certification may be revoked
			 pursuant to ORS 469B.118 if the Director finds
			 any of the following:
(A) The applicant
			 obtained the system certification as a result of misrepresentation.
(B) The AED has not been installed or
			 operated in substantial compliance with the plans, specifications or procedures
			 specified in the application or certificate, such as:
(i) Failure to follow applicable standards;
(ii) Failure to comply with
			 required codes or obtain required permits or inspections;
(iii) Return of the AED to the seller or
			 installer for a refund; or
(iv)
			 Sale or removal of the device so that it no longer operates on the property of
			 the applicant.
(C) The
			 applicant refuses to allow the department to inspect the AED after a reasonable
			 written request by the department. A reasonable request must allow applicant to
			 choose a day within three weeks of the request from the department.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0048 - Administrative Process for Review and Revocation of Technician Tax Credit Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 If the department receives a complaint, the tax-credit technician and employing
			 company must be notified and given an opportunity to respond.
(a) If the complaint relates to issues that
			 the Construction Contractors Board (CCB) has authority to resolve, the
			 complaint must be referred to the CCB for resolution. The CCB generally has
			 authority to address construction, warranty claims or complaints involving
			 dishonest or fraudulent conduct. Failure to comply with the order of the CCB
			 must be grounds for revocation of tax-credit technician status.
(b) In all other cases, the department must
			 evaluate the technician's or employing company's response and determine whether
			 a violation occurred. The department must notify the technician and employing
			 company of its determination and, if appropriate, the necessary remedy. The
			 department must give the technician and employing company 30 days to remedy a
			 violation. The department may grant the technician and employing company
			 additional time where appropriate.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0055 - Consumer Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 tax-credit technician must inform the owner in simple terms:
(a) How to tell if the device is running
			 correctly, and who to call if it is not;
(b) How to tell if the freeze protection is
			 in effect, and who to call if it is not;
(c) What maintenance is needed, annually and
			 long term;
(d) Who will honor
			 warranties; and
(e) The conditions
			 of the warranties including, but not limited to, how to start and keep
			 warranties in force.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0059 - Solar Swimming Pool, Spa and Hot Tub AEDs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Installations must be installed according
			 to manufacturer's instructions; and comply with all applicable state, county,
			 or local codes and regulations.
(2) Consumers who purchase a solar swimming
			 pool, spa or hot tub heating system must receive written operating and
			 maintenance instructions. These instructions must at a minimum include:
(a) Clear instructions on how to monitor the
			 system performance;
(b)
			 Description and recommended frequency of homeowner maintenance;
(c) Diagram of the system noting location of
			 valves and monitoring devices; and
(d) What to do and who to call in an
			 emergency and when the system needs professional maintenance and repairs.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0060 - Solar Domestic Water Heating AEDs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Installations of solar domestic water
			 heating systems must comply with all applicable state, county or local codes
			 and regulations and be verified by a tax-credit technician.
(2) Consumers who purchase a solar domestic
			 water heating system must receive written operating and maintenance
			 instructions. These instructions must at a minimum include:
(a) Clear instructions on how to determine if
			 the system is functioning properly; and
(b) How to protect the system from
			 overheating due to stagnation during periods when the system is not in
			 use.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0062 - Passive Solar Space Heating AEDs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Installations of passive solar space
			 heating systems must comply with all applicable state, county or local codes
			 and regulations.
(2) The estimated
			 first year energy savings for the system must be the net usable energy produced
			 under average environmental conditions in one year.
(3) Passive solar space heating systems must
			 produce energy savings equal to not less than 20 percent of the annual energy
			 used for space heating in the dwelling to be eligible for a tax credit. Such
			 systems must:
(a) Have sufficient solar
			 access not jeopardized by future buildings or tree growth;
(b) Provide usable heat for the heated space;
(c) Provide adequate thermal
			 storage for solar heat gained;
(d)
			 Prevent overheating of the heated space that requires mechanical space cooling;
			 and
(e) In addition, sunspaces
			 must:
(A) Have no backup heating device; and
(B) Be able to be isolated from
			 the heated space.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0063 - Combined Active Solar Space and Domestic Water Heating AEDs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Combined active
			 solar space and domestic water heating systems use air or water that is moved
			 by pumps or fans to collect, store and distribute the sun's energy to a
			 dwelling or part of a dwelling.
(2) Installations of active solar space and
			 domestic water heating systems must comply with all applicable state, county
			 and local codes and regulations, and be verified by a tax-credit technician.
(3) The estimated first-year
			 energy savings must be based on the following:
(a) The house design prior to installation of
			 the solar energy equipment, not a base code design or reference design.
(b) An annual solar utilization
			 calculation method approved by the Director that accounts for the operating
			 temperature of the energy storage and collector system and gives no credit for
			 any insulation measures not directly associated with the solar AED.
(c) Typical residential occupancy setpoints
			 and operating behavior. Savings will not be granted for consumer behavior
			 options.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0064 - Photovoltaic AEDs

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Installations of photovoltaic systems must be installed according to
			 manufacturer's instructions, comply with all applicable Oregon codes and be
			 verified by a tax-credit technician.
(2) System size will be determined by the sum
			 of all the photovoltaic module DC wattage ratings under standard test
			 conditions (STC). The minimum system size must be 200 Watts DC output under
			 STC.
(3) All modules must have a
			 minimum Total Solar Resource Fraction (TSRF) of 75 percent over the entire
			 module. Solar electric AC modules with a TSRF of less than 75 percent will not
			 be counted in the system size.
(4)
			 The department may verify that the modules and inverters are listed on the
			 California Energy Commission (CEC) eligible list as of the date of the
			 application.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  469.040;
				  469B.103
Stats. Implemented: ORS
				  469B.100-469B.118;
				  316.116
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0070 - Geothermal Systems

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Geothermal systems must comply with OAR 330-070-0025  and 330-070-0040.
			 Installations must be verified by a tax-credit technician.
(2) System parts must have adequate:
(a) Structural strength;
(b) Resistance to weather and fire;
(c) Ease of upkeep; and
(d) Durability.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0073 - Energy-Efficient Appliances

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Energy-efficient appliances must meet or exceed the United States Department of
			 Energy (USDOE) energy efficiency standards, as applicable, the department will
			 designate a nationally recognized test procedure that will apply where USDOE
			 standards do not exist.
(2) Water
			 Heating Appliances.
(a) High-efficiency heat
			 pump water heaters (HPWH) for domestic hot water must meet the "Northern
			 Climate" specifications by the Northwest Energy Efficiency Alliance (NEEA).
			 AEDs meeting the Northern Climate Specification Product Tier 1 must provide
			 configuration options for semi-conditioned spaces such as unheated basements
			 and unconditioned spaces such as garages or crawl spaces. Tier 1 AEDs must be
			 Energy Star compliant and rated at a minimum 1.8 Energy Factor.
(b) High-efficiency heat pump water heaters
			 (HPWH) for domestic hot water must meet the "Northern Climate" specifications
			 by NEEA. AEDs meeting Northern Climate Specification Product Tier 2 or greater
			 must provide configuration options for semi-conditioned, unconditioned and
			 conditioned spaces such as heated utility rooms. Tier 2 or greater AEDs must be
			 Energy Star compliant and rated at a minimum 2.0 Energy Factor.
(c) Storage gas water heaters, which heat and
			 store water within the appliance at a thermostatically controlled temperature
			 for delivery, and natural gas, propane, or oil-fired residential storage type
			 water heaters, as defined by  Title 10, Code of Federal Regulations, Chapter 11,
			 Part 430, Subpart B, Appendix E, must have:
(A) An Energy Factor of 0.67-0.69 as tested
			 with propane or natural gas fuel; or
(B) Either an Energy Factor of 0.70 or
			 greater as tested with propane or natural gas fuel or a thermal efficiency of
			 0.80 or greater.
(d)
			 Whole-home gas fired instantaneous water heaters, as defined by  Title 10, Code
			 of Federal Regulations, Chapter 11, Part 430, Subpart B, Appendix E, must have
			 an Energy Factor of at least 0.82 or greater if installed on or after January
			 1, 2011. Integrated water-space heating combination devices will be evaluated
			 as if they were an instantaneous water heater with at least a 93.3 Annual Fuel
			 Utilization Efficiency (AFUE) rating.
(e) Equipment efficiency requirements are
			 based on either the listing by ENERGY STAR®, the directory of the
			 Air-Conditioning, Heating, and Refrigeration Institute (AHRI), or other
			 third-party certified list approved by the Director.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0076 - Premium Efficiency Biomass Combustion Alternative Energy Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To qualify for
			 a tax credit, a premium efficiency biomass combustion device must be:
(a) Less than <250,000 Btus per hour heat
			 output.
(b) Installed with a
			 dedicated outside combustion air intake within five feet of the device, which
			 may be a duct, barometric damper or grill.
(c) Efficiency tested, as evidenced by:
(A) A listing in the United States Department
			 Environmental Protection Agency (EPA) List of EPA Certified Wood Stoves with
			 emissions of 3.5 grams of particulate per hour or less designated in that list
			 as a non-catalytic wood stove;
(B)
			 A listing in the List of EPA Certified Wood Stoves with emissions of 2.5 grams
			 of particulate per hour or less if it is designated in that list as a catalytic
			 wood or pellet stove;
(C) Having a
			 certificate of performance for the specific manufacturer and model of wood
			 burning device from a current US EPA certified woodstove testing laboratory,
			 tested in accordance with CSA B415.1 and submitted and approved by EPA. The
			 certificate must show emissions of 3.5 grams of particulate per hour or less
			 designated as a non-catalytic wood stove purchased or emissions of 2.5 grams of
			 particulate per hour or less if it is designated as a catalytic wood or pellet
			 stove; or
(D) A certificate of
			 performance including the grams of smoke per hour, for pellet stoves on the
			 List of EPA Exempt Wood Heating Appliances, for the specific manufacturer and
			 model from a currently US EPA certified stove testing laboratory, tested in
			 accordance with CSA B415.1. The certificate must be submitted to the
			 department. The department will use the EPA default efficiency for pellet
			 stoves as the device efficiency beginning on January 1, 2014.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0078 - Alternative Fuel Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 qualify for a tax credit, an alternative fuel device must be permanently
			 installed to meet all state and local safety codes.
(2) Electric charging stations must be a
			 Level 2, 240 volt AC or similar.
(3) Non-electric alternative fuel fueling
			 stations must be capable of re-fueling an alternative fuel vehicle within 14
			 hours.
(4) Other standards adopted
			 by the department for alternative fuel devices as determined by the
			 Director.
Stat. Auth.: ORS
				  469.040 &
				  469B.103
Stats. Implemented: ORS
				  469B.100 -
				  469B.118 &
				  316.116
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0085 - Fuel Cell Systems

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for a tax credit under these rules, fuel cell
				systems must have a minimum rated stack capacity of 0.5 kW and a maximum rated
				system capacity of 10 kW.
Stat. Auth.: ORS
				  469.160 -
				  469.180
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0089 - Wind Alternative Energy Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A qualifying wind energy conversion
			 system is a device that uses wind to produce mechanical or electrical power or
			 energy, and includes turbines, towers and their associated components needed to
			 form a complete system.
(2) To
			 qualify for a tax credit:
(a) A minimum
			 annual average wind speed of 10 miles per hour at hub height or lower must be
			 demonstrated at the wind AED site.
(b) A wind AED system manufacturer must make
			 available estimated monthly or annual energy production data (kWh) at various
			 annual average wind speeds for each model or system they produce.
(c) The wind AED system model must meet
			 industry standards as approved by the department.
(d) A wind AED system application must
			 include the nominal rated electric capacity, the power curve and energy
			 production data as a function of the average annual wind speed.
(e) A wind system must have a minimum
			 five-year manufacturer's warranty.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0091 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  469.160 -
				  469.180
Stats. Implemented:
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 70 - TAX CREDIT ELIGIBILITY CRITERIA FOR RESIDENTIAL ALTERNATIVE ENERGY DEVICES › Section 330-070-0097 - Electricity Producing AEDs

Current through Register Vol. 63, No. 7, July 1, 2024
Generating AEDs linked with an electric utility must be
				installed in accordance with local utility interconnect guidelines and be
				installed per the state electrical code.
Stat. Auth.: ORS 469
Stats. Implemented: ORS
				  469.170
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 75 - ENERGY SUPPLIER ASSESSMENT RULES › Section 330-075-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules specify the form and content of information
				regarding Oregon gross operating revenues and energy sales to be submitted to
				the Department of Energy by energy resource suppliers. Such submittals are
				pursuant to ORS 469.421 as amended by
Oregon Laws 2009
,
Chapter 753
. The information will
				be used to calculate annual assessments on energy resource
				suppliers.
Stat. Auth.: ORS 183 & 469
Stats. Implemented: ORS
				  469.421
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 75 - ENERGY SUPPLIER ASSESSMENT RULES › Section 330-075-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR division 330, division 75, unless
				otherwise specified, the following definitions shall apply:
(1) "Department" means the Oregon Department
			 of Energy.
(2) "Director" means the
			 Director of the Oregon Department of Energy.
(3) "Electric Utility" has the meaning given
			 that term in ORS 469.300.
(4) "Energy Resource Supplier" has the
			 meaning given that term in ORS
			 469.421.
(5) "Gross Operating Revenue" has the meaning
			 given that term in ORS
			 469.421.
(6) "Imported" relates to natural gas and
			 petroleum products and includes those products not produced or salvaged from
			 the earth or waters of the State of Oregon.
(7) "Natural Gas Utility" means a person
			 engaged in or authorized to engage in the business of supply, transmission or
			 distribution of natural or synthetic gas.
(8) "Petroleum Products" means those
			 petroleum products subject to assessments under Section 3(4) and Section 5(4)
			 of Oregon Laws 1981, Chapter 792. These products include:
(a) Crude petroleum;
(b) Fuel oil (distillate and
			 residual);
(c) Kerosene;
(d) Liquefied petroleum gases;
(e) Motor vehicle fuel (when used as fuel for
			 agricultural purposes); and
(f)
			 Petroleum coke (when used as fuel in metal processing). "Petroleum products"
			 does not include fuels subject to the requirements of Section 3 of Article IX
			 of the Oregon Constitution, ORS
			 319.020 relating to aircraft and
			 motor vehicle fuel, and ORS
			 319.530.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 75 - ENERGY SUPPLIER ASSESSMENT RULES › Section 330-075-0025 - Energy Resource Suppliers Gross Operating Revenue Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Energy resource suppliers with one or more locations or service areas in Oregon
			 shall complete and submit the appropriate Department-supplied form or forms
			 based on the suppliers energy type. The information provided on the forms shall
			 when appropriate:
(a) Contain information
			 relating to total gross operating revenue derived from the energy resource
			 supplier's operations within Oregon during the most recently completed calendar
			 year. Energy resource suppliers whose energy generation, transmission or
			 distribution activities within Oregon are undertaken to directly supply the
			 suppliers operations at the same location and not for the primary purpose of
			 distribution or sale, shall report only gross operating revenue from supplying,
			 transmitting or distributing energy to another person. Energy resource
			 suppliers who receive revenue from multiple business activities shall report
			 only the gross operating revenue from supplying, generating, transmitting or
			 distributing energy. ; and
(b)
			 Contain gross operating revenues relating to wholesale and retail sales by the
			 petroleum supplier of distillate fuel oil within Oregon during the most
			 recently completed calendar year.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 75 - ENERGY SUPPLIER ASSESSMENT RULES › Section 330-075-0030 - Submission Deadline

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as provided in OAR 330-075-0035, every energy resource supplier shall
			 submit the completed ODOE Form ESA-1 required by 330-075-0025(1)  on or before
			 May 1 of each year.
(2) Except as
			 provided in OAR 330-075-0035, every petro?leum supplier shall submit the
			 completed ODOE Form ESA-2, required by 330-075-0025(2), on or before May 1, of
			 each year.
(3) Forms subject to
			 this rule shall be deemed submitted as of the post mark date or receipt at the
			 Department, whichever is earlier. Submissions shall be properly addressed and
			 postage shall be prepaid. Each form shall be legible and complete.
[Forms: Forms referenced are available from the
				agency.]
Stat. Auth.: ORS 183 & 469
Stats. Implemented: ORS
				  469.421
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 75 - ENERGY SUPPLIER ASSESSMENT RULES › Section 330-075-0035 - Extension of Submission Deadline

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any energy resource supplier which finds
			 it cannot meet the deadline set forth in OAR 330-075-0025  may apply to the
			 Director for an extension of time. The written application shall include the
			 following:
(a) The reasons why the deadline
			 cannot be met;
(b) The measures
			 being taken to comply with the deadline; and
(c) The date on which the energy resource
			 supplier intends to submit the required form(s).
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 75 - ENERGY SUPPLIER ASSESSMENT RULES › Section 330-075-0040 - Proprietary Information

Current through Register Vol. 63, No. 7, July 1, 2024
An energy resource supplier may request that information
				submitted pursuant to OAR 330-075-0010 to 330-075-0035  be treated by the
				Director as proprietary information and maintained in confidence. Any such
				request shall be made at the time the information is submitted. Such request
				shall comply with the procedure set forth in 330-010-0005  to 330-010-0030. The
				Director's decision on the request will be made in accordance with
				330-010-0030.
Stat. Auth.: ORS 183 & 469
Stats. Implemented: ORS
				  469.421
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 75 - ENERGY SUPPLIER ASSESSMENT RULES › Section 330-075-0045 - Retention of Supporting Documentation by Energy Resource Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
Supporting documentation used by the energy resource supplier
				in compiling the information submitted pursuant to OAR 330-075-0010 to
				330-075-0045  shall be kept available by the energy resource supplier for
				inspection by the Department for three years from the date of
				submission.
Stat. Auth.: ORS 183 & 469
Stats. Implemented: ORS
				  469.421
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 80 - STATE ADMINISTRATION OF FEDERAL PETROLEUM ALLOCATION PROGRAMS FOR MOTOR GASOLINE AND MIDDLE DISTILLATES › Section 330-080-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In response to
			 the Arab oil embargo of 1973, the federal government has, through the Emergency
			 Petroleum Allocation Act of 1973 and other statutes, and through regulations
			 adopted pursuant thereto, established a series of programs governing the
			 allocation and pricing of crude oil and refined petroleum products. Among these
			 are:
(a) The "state set-aside program"
			 (
10 CFR 211.17
), whereby a percentage of the total expected supply
			 of a product is received each month to be allocated to alleviate hardships and
			 emergencies; and
(b) A program
			 (
10 CFR 211.12(f)
), whereby new end-users can apply for an
			 assignment of an allocated product or a supplier.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 80 - STATE ADMINISTRATION OF FEDERAL PETROLEUM ALLOCATION PROGRAMS FOR MOTOR GASOLINE AND MIDDLE DISTILLATES › Section 330-080-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless the
			 context clearly requires otherwise, the following definitions shall apply:
(a) The terms "action", "adjustment",
			 "aggrieved", "assignment", "duly authorized representative", "EPAA", "EPCA",
			 "exception", "exemption", "order", "person", and "proceeding" shall be as
			 defined in
10
			 CFR 205.2
;
(b) The terms "adjusted base period volume",
			 "base period", "end-user", "firm", "motor gasoline", "prime supplier",
			 "purchaser", "state set-aside", "supplier", "total supply", "wholesale
			 purchaser-reseller", and "wholesale purchaser-consumer" shall be as defined in
10 CFR 211.51
.
(c)
			 "Midle distillate" means No. 1 heating oil, No. 1-D diesel fuel, No. 2 heating
			 oil, No. 2-D diesel fuel and kerosene, as those products are defined in
10 CFR 212.31
.
(d)
			 "Hardship" means a situation involving a potentially substantial physical
			 discomfort or danger, or substantial economic dislocation, caused by a shortage
			 of motor gasoline or middle distillates.
(e) "Emergency" means a situation of
			 substantial hardship which is imminent and not remediable without state
			 assistance.
(f) "State Office"
			 means the Oregon Department of Energy.
(g) "Allocation Officer" means the person or
			 persons within the State Office authorized to receive, evaluate, and act upon
			 applications.
(h) "Reviewing
			 Officer" means the person or persons designated by the Director of the State
			 Office, none of whom shall serve as an "Allocation Officer", authorized to
			 review, evaluate, and act upon appeals of orders issued by Allocation
			 Officers.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 80 - STATE ADMINISTRATION OF FEDERAL PETROLEUM ALLOCATION PROGRAMS FOR MOTOR GASOLINE AND MIDDLE DISTILLATES › Section 330-080-0015 - State Set-Aside Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scope and Purpose: The state set-aside
			 shall be utilized by the State Office to meet hardship and emergency
			 requirements of all wholesale purchaser-consumers and end-users of motor
			 gasoline and middle distillates within Oregon. The State Office may direct that
			 a wholesale purchaser-reseller be supplied from the state set-aside in order
			 that it can supply wholesale consumers and end-users experiencing hardship of
			 emergency
NOTE:
Under Special Rule 7, the wholesale
				purchaser-seller must have had a supplier/purchaser relationship with the
				wholesale purchaser-consumer or end-user on March 1, 1979.
(2) Who May Apply: A wholesale
			 purchaser-consumer or an end-user seeking an assignment from the state
			 set-aside system to meet a hardship or emergency requirement, and a wholesale
			 purchaser-reseller seeking an assignment to enable him to supply such wholesale
			 purchaser-consumer and/or end-user, may apply.
(3) Where to File: All applications under
			 these programs shall be made to the State Office, Department of Energy, Room
			 102 Labor and Industries Building, Salem, OR 97310, Attention: Allocation
			 Officer.
(4) What to File:
			 Applications for assignment from the state set-aside system may be by the
			 appropriate State Office form, or other written communication, or by oral
			 (including telephonic) request. Oral applications must be supplemented with a
			 written certification of the hardship or emergency circumstances within ten
			 days. The federal and state penalties for falsifying information for written
			 applications also apply to information submitted as oral applications. The
			 State Office may require any reasonable information needed to verify the
			 validity of the applicant's claims.
(5) Content of Application:
(a) An applicant shall provide sufficient
			 information to enable the State Office to determine that the proposed
			 allocation satisfies the objective of the EPAA and
10 CFR Part
			 211
. An applicant must file its application on the application form
			 required by the State Office;
(b)
			 If the applicant is a wholesale purchaser-reseller, it shall describe the
			 wholesale purchaser-consumers and end-users that will be supplied and their
			 hardship and emergency requirements;
(c) The State Office may return incomplete
			 applications or require additional information needed to verify information
			 contained in an application.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 80 - STATE ADMINISTRATION OF FEDERAL PETROLEUM ALLOCATION PROGRAMS FOR MOTOR GASOLINE AND MIDDLE DISTILLATES › Section 330-080-0020 - Prime Supplier's Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) State Representative: Each prime supplier
			 shall notify in writing the State Office of its designated representative,
			 which shall be a firm with a place of business in Oregon. The State Office
			 shall, to the maximum extent possible, consult with the designated
			 representative prior to issuing any authorizing document affecting state
			 set-aside volumes to be provided by the prime supplier.
(2) State Set-Aside Volume:
(a) A prime supplier shall inform the State
			 Office and the Region X Office of US DOE monthly in accordance with
10
			 CFR 211.222(b)
of the estimated volume of motor gasoline and middle
			 distillate subject to state set-aside to be sold into Oregon for consumption
			 within Oregon;
(b) At the time of
			 issuance of these rules state set-aside percentage level is five percent of
			 motor gasoline and four percent of middle distillates. Any change in these
			 percentages will be published by the State Office. The State Office has the
			 authority, subject to federal approval, to revise the set-aside percentage
			 level upwards or downwards as the supply situation requires;
(c) The set-aside volume available for a
			 particular month shall be the sum of the amounts calculated by multiplying the
			 state set-aside percentage level by each prime supplier's estimated portion of
			 its total supply for that month which will be sold into Oregon's distribution
			 system for consumption within Oregon.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 80 - STATE ADMINISTRATION OF FEDERAL PETROLEUM ALLOCATION PROGRAMS FOR MOTOR GASOLINE AND MIDDLE DISTILLATES › Section 330-080-0025 - Appeals of Allocation Officer's Order

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Who may file: The applicant, or any other
			 person aggrieved by an order issued by an Allocation Officer may
			 appeal.
(2) What to file:
(a) An appellant shall file a written,
			 signed, and clearly labeled "Appeal of Order" with the Reviewing Office, State
			 Office, Oregon Department of Energy, 102 Labor and Industries Building, Salem,
			 OR 97310;
(b) The appeal shall
			 contain a citation to the order appealed from, a concise statement of all
			 factual and legal grounds upon which it is brought, and a description of the
			 relief sought. If the appeal includes a request for relief based on
			 significantly changed circumstances, there shall be a complete description of
			 the events, acts, or transactions that comprise the significantly changed
			 circumstances, and the appellant shall state why, if the significantly changed
			 circumstance is new or newly discovered facts, such facts were not or could not
			 have been presented during the prior proceeding.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 80 - STATE ADMINISTRATION OF FEDERAL PETROLEUM ALLOCATION PROGRAMS FOR MOTOR GASOLINE AND MIDDLE DISTILLATES › Section 330-080-0030 - Stays Pending Appeal

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Scope: An application for a stay will only be considered:
(a) Incident to or pending an appeal from an
			 order of the Allocation Officer; or
(b) Pending judicial review.