reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0060 - Periodic Review of Multiple-fuel facilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Multiple-fuel facilities are subject
			 every three years to a review of the percentage of the facility's electricity
			 generation that is allocated to RPS-eligible fuels.
(2) The Department will enter into WREGIS an
			 expiration date for a multiple-fuel facility's Oregon RPS certification that is
			 three years from the date the Department completes its review of the percentage
			 of the facility's electricity generation that is allocated to RPS-eligible
			 fuels.
(3) The Department will
			 provide written notice to a generator representative at least 6 months before
			 its multiple-fuel facility's Oregon RPS certification is scheduled to expire.
(4) For a facility to remain
			 RPS-eligible, the generator representative must complete one of the following
			 actions prior to the facility's Oregon RPS certification expiration date:
(a) Sign a form provided by the Department
			 attesting that the physical equipment and operation of the facility has not
			 changed in a manner that would affect the facility's RPS-eligible fuel
			 allocation since that RPS-eligible fuel allocation was established; or
(b) Provide to the Department an
			 updated calculation of the facility's RPS-eligible fuel allocation with
			 supporting documentation requested by the Department.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0070 - Required Notice of Facility Changes

Current through Register Vol. 63, No. 7, July 1, 2024
For a facility to remain RPS-eligible, the generator
				representative must notify the Department of any change to its generating
				facility that constitutes a change to any of the following fields in the
				facility's static data, as defined by WREGIS: multi-fuel generator indicator,
				generation technology, fuel type, fuel source. The generator representative
				must notify the Department of any such change within 30 days of updating the
				facility's static data in WREGIS by providing a copy of the facility's updated
				WREGIS static data to the Department. If the Department determines that a
				change in a facility's static data affects the facility's RPS eligibility, the
				Department will revise the facility's RPS eligibility in WREGIS accordingly and
				notify the generator representative of the revision in
				writing.
Stat. Auth.: ORS
				  469A.130
Stats. Implemented: ORS
				  469A.130 -
				  469A.145
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 160 - ESTABLISH A RENEWABLE ENERGY CERTIFICATE SYSTEM FOR THE OREGON RENEWABLE PORTFOLIO STANDARD (RPS) › Section 330-160-0080 - Thermal Energy from the Generation of Electricity Using Biomass

Current through Register Vol. 63, No. 7, July 1, 2024
(1) T-RECs may be
			 used to comply with the Oregon RPS if they are created in association with the
			 generation of qualifying thermal energy that is generated in a facility that
			 meets the requirements of Section (3) of this rule and generated in a manner
			 that meets the requirements of Section (4) of this rule.
(2) Qualifying thermal energy must be in the
			 form of direct heat, steam, hot water, or other useful thermal form.
(3) Facility Requirements:
(a) The facility must generate electricity
			 from renewable biomass sources listed under ORS
			 469A.025(2) and
			 must also generate thermal energy for a secondary purpose;
(b) The age of the facility must meet the
			 requirements of ORS 469A.020;
(c) The location of the facility must meet
			 the requirements of ORS
			 469A.135(2);
			 and
(d) The facility's electric
			 generator must have a rated capacity of at least 10 percent of the energy
			 content of the fuel input.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 170 - BIOMASS PRODUCER OR COLLECTOR TAX CREDIT › Section 330-170-0010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 chapter 330, division 170 establishes the procedure and criteria for certifying
			 tax credits under ORS
			 315.141 and
			 469B.403.
(2) These rules apply to tax years beginning
			 on or after January 1, 2016.
Stat. Auth.: ORS
				  315.141
Stats. Implemented: ORS
				  315.141 &
				  469B.403
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 170 - BIOMASS PRODUCER OR COLLECTOR TAX CREDIT › Section 330-170-0030 - Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for certification, the applicant must:
(1) Be subject to taxation under ORS 316, 317
			 or 318;
(2) Be an agricultural
			 producer or biomass collector;
(3)
			 Have title to the biomass at the time the biomass is delivered to a biofuel
			 producer;
(4) Produce or collect
			 the biomass in Oregon; and
(5)
			 Deliver or cause the delivery of the biomass to be:
(a) Used as biofuel in Oregon; or
(b) Used to produce biofuel in Oregon.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 170 - BIOMASS PRODUCER OR COLLECTOR TAX CREDIT › Section 330-170-0040 - Biomass Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 biomass must be eligible under these rules, fall within the definitions in ORS
			 315.141 and have a credit rate
			 listed in ORS 469B.403.
(2) The biomass must be converted into
			 biofuel in Oregon or used as biofuel in Oregon.
(3) Waste grease that is not dewatered prior
			 to delivery to a biofuel producer is considered to have an eligible biomass
			 content of 10 percent of the delivered weight of the oil and water mixture,
			 unless the applicant can demonstrate, to the satisfaction of the department, an
			 alternative measurement.
(4)
			 Forest or rangeland woody debris must be collected and produced at the
			 harvesting or thinning site.
(5)
			 Only one certified credit may be issued for each unit of biomass as defined in
			 ORS 469B.403.
(6) The following material is not eligible:
(a) Material used to produce firewood or
			 charcoal.
(b) Construction and
			 demolition debris, urban wood waste, yard debris.
(c) Forest or rangeland woody debris not
			 collected and produced at the harvesting or thinning site.
(d) Algae.
(e) Material from pre-construction or
			 construction activities and golf courses.
(f) Canola grown, collected or produced in
			 the Willamette Valley.
(g) Grain
			 corn.
(h) Other material that is
			 not listed in ORS 315.141 or does not have a
			 credit rate listed under ORS
			 469B.403.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 170 - BIOMASS PRODUCER OR COLLECTOR TAX CREDIT › Section 330-170-0050 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicants requesting a Biomass Producer or Collector Tax Credit must apply on
			 the department approved form. The form must include the following information:
(a) The name of the applicant, address, phone
			 number and email;
(b) The
			 applicant's federal tax identification number or social security number, which
			 may be shared with the Oregon Department of Revenue to facilitate the
			 administration of state tax law;
(c) A description of the quantity and type of
			 biomass produced or collected;
(d)
			 The name of the biofuel producer that received the biomass for use as biofuel
			 or to produce biofuel;
(e) The
			 applicant's certification statement; and
(f) The name, address, email address and
			 telephone number of the responsible party for the applicant.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 170 - BIOMASS PRODUCER OR COLLECTOR TAX CREDIT › Section 330-170-0060 - Certification and Denial

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 the department approves an application, the Director will issue a Certificate
			 to the applicant identifying the name of the Certificate holder, the biomass,
			 and the amount of the tax credit certified.
(a) The amount of tax credit certified will
			 be determined by multiplying the amount of eligible biomass delivered to a
			 biofuel producer by the applicable tax credit rate found in ORS
			 469B.403.
(b) Except for oil seed crops, tax credit
			 certificates will be issued for the tax year the biomass is delivered to a
			 biofuel producer for use in Oregon. Tax credit certificates for the production
			 of oil seed crops used to produce biofuel will be issued for the tax year in
			 which the oil seeds are delivered to an oil seed processor. The department will
			 not certify tax credits for agricultural producers that produce oil seeds until
			 documentation indicating the oil has been used in Oregon to produce biofuel is
			 provided in accordance with these rules.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 170 - BIOMASS PRODUCER OR COLLECTOR TAX CREDIT › Section 330-170-0070 - Minimum Discount Value

Current through Register Vol. 63, No. 7, July 1, 2024
The minimum discounted value of a tax credit issued under ORS
				315.141 is 90 percent of the
				amount of the tax credit.
Stat. Auth.: ORS 351.141 & 469.791
Stats. Implemented: ORS 351.141 &
				  469.791
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 180 - GREENHOUSE GAS EMISSIONS STANDARD › Section 330-180-0010 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
These rules provide procedures to assist the governing boards
				of consumer-owned utilities to comply with the greenhouse gas emissions
				performance standard for electricity established in ORS
				757.522 to
				757.536.
Stat. Auth.: ORS
				  757.522 -
				  757.538,
				  469.040
Stats. Implemented: ORS
				  757.522 -
				  757.538
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 180 - GREENHOUSE GAS EMISSIONS STANDARD › Section 330-180-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Cogeneration
			 facility" means a facility where the sequential generation of electric energy
			 and the production of steam or other forms of useful energy (such as heat) from
			 the same primary energy source or fuel are used for industrial, commercial,
			 heating, or cooling purposes.
(2)
			 "Department" means the Oregon Department of Energy pursuant to ORS
			 469.020(5).
(3) "Director" means the director of the
			 department pursuant to ORS
			 469.020(6).
(4) "Low-Carbon Emissions Resource" means a
			 generating facility that is capable of meeting the greenhouse gas emissions
			 standard through the use of technologies, fuels, or feedstocks that work
			 together to result in an emissions rate at or below the emissions standard, or
			 by sequestering a sufficient portion of greenhouse gas emissions such the net
			 greenhouse gas emissions at the generating facility are maintained at or below
			 the standard.
(5) "Useful thermal
			 energy" is the net thermal energy made available by a cogeneration facility for
			 processes or applications other than for the generation of electricity, taking
			 into account any portion of the total thermal energy produced that is used as
			 part of the cogeneration process or that is discharged as waste.
Stat. Auth.: ORS
				  757.522 -
				  757.538,
				  469.040
Stats. Implemented: ORS
				  757.522 -
				  757.538
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 180 - GREENHOUSE GAS EMISSIONS STANDARD › Section 330-180-0030 - Greenhouse Gas Emissions Standard

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The greenhouse gas emissions standard is
			 1,100 pounds (0.5 metric tons) of greenhouse gases per megawatt-hour (MWh) of
			 electricity for a generating facility as specified by ORS
			 757.528(1).
(2) The greenhouse gas emissions standard
			 includes only carbon dioxide (CO2) emissions.
(3) A governing board of a consumer-owned
			 utility entering into a long-term financial commitment as defined at ORS
			 757.522(10)(a)
			 demonstrates compliance with these rules by making a written determination that
			 baseload electricity acquired under the long-term financial commitment entered
			 into by the utility's governing board is produced by a generating facility that
			 complies with the greenhouse gas emissions standard established in this
			 rule.
Stat. Auth.: ORS
				  757.522 -
				  757.538,
				  469.040
Stats. Implemented: ORS
				  757.522 -
				  757.538
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 180 - GREENHOUSE GAS EMISSIONS STANDARD › Section 330-180-0040 - Low-Carbon Emissions Resource Plan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The governing board of a consumer-owned
			 utility, or entity acting on behalf of one or more governing boards, may submit
			 a plan for a generating facility to become a low-carbon emissions resource to
			 the department. The department will make a determination as to whether the plan
			 includes sufficient technical documentation to demonstrate that the generating
			 facility is capable of becoming a low-carbon emissions resource within seven
			 years of commencing operations at the generating facility. The plan must
			 contain sufficient technical documentation to demonstrate:
(a) The net greenhouse gas emissions from the
			 generating facility taking into account any greenhouse gas emissions that are
			 captured, sequestered, or otherwise prevented from being released into the
			 atmosphere - will be at or below the greenhouse gas emissions standard
			 established in this rule;
(b)
			 Additional capacity or capability exists to lower net greenhouse gas emissions
			 over time to meet potential reductions in the greenhouse gas emissions
			 standard;
(c) To the extent that
			 maintenance of the low-carbon emissions resource requires one or more
			 feedstocks, that sufficient supply of the feedstock(s) will be available for
			 use by the generating facility;
(d)
			 How other conditions identified by the governing board(s) to meet and maintain
			 the low-carbon emissions resource status over time can and will be met by the
			 generating facility.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 180 - GREENHOUSE GAS EMISSIONS STANDARD › Section 330-180-0050 - Unspecified Emissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Long-term financial commitments consisting of contracts for electricity where
			 the greenhouse gas emissions cannot readily be determined with any specificity
			 are those in which:
(a) The contract does not
			 allow for the identification of one or more generating facilities from which
			 the contracted energy is derived; or,
(b) The contract does not provide sufficient
			 detail about the resource mix from which the contracted energy is derived to
			 determine the greenhouse gas emissions associated with the contracted
			 energy.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 180 - GREENHOUSE GAS EMISSIONS STANDARD › Section 330-180-0060 - Methodology for Calculating Greenhouse Gas Emissions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A generating facility's annual average
			 electricity production in megawatt-hours (MWh) is the sum of the electricity
			 available for all of the following:
(a) Use
			 onsite;
(b) Use at a host site in a
			 commercial or industrial process;
(c) Sale; or
(d) Transmission from the generating
			 facility.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 180 - GREENHOUSE GAS EMISSIONS STANDARD › Section 330-180-0070 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
The requirement for a governing body to report exemptions to
				the department as required by ORS
				757.528(7) must
				be in writing and may be submitted electronically or by regular
				mail.
Stat. Auth.: ORS
				  757.522 -
				  757.538,
				  469.040
Stats. Implemented: ORS
				  757.522 -
				  757.538
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0000 - Applicability of Rules in OAR 330, Division 200

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules implement the grant program
			 for renewable energy development established by House Bill 3672 (2011) and
			 amended by House Bill 4079 (2012). The rules provide procedures for submission,
			 agency review and selection of systems for potential grant award, the
			 development of performance agreements and the disbursement of grant
			 funds.
(2) These rules apply to all
			 applicants for renewable energy development grants, as governed by ORS
			 469B.250 to
			 469B.265.
Stat. Auth.: ORS
				  469B.250 -
				  469B.265
Stats. Implemented: ORS
				  469B.250 -
				  469B.265
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division, the following definitions
				apply:
(1) "Applicant" means a person
			 who has applied for a renewable energy development grant.
(2) "Business site" means a site operated for
			 business purposes that is owned by the applicant or the applicant has a formal
			 agreement with the property owner to use the site.
(3) "Cost" has the meaning given in ORS
			 469B.250, 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.
(4) "Department" means
			 the Oregon Department of Energy.
(5) "Director" means the director of the
			 department.
(6) "Energy" means
			 electrical energy.
(7) "Grantee"
			 means a person that has received an award of a renewable energy development
			 grant.
(8) "Installation or
			 construction" means the process of physical assembly of a system or supporting
			 infrastructure at its operating location.
(9) "Opportunity period" means the timeframe
			 specified in an Opportunity Announcement for the department to accept
			 applications for renewable energy development grants.
(10) "Person" has the meaning given in ORS
			 469.020.
(11) "Renewable Energy Development Grant"
			 means a grant awarded as described in these rules.
(12) "Renewable Energy Production System" has
			 the meaning given in ORS
			 469B.250, a system that uses
			 biomass, solar, geothermal, hydroelectric, wind, landfill gas, biogas or wave,
			 tidal or ocean thermal energy technology to produce energy.
Stat. Auth.: ORS
				  469B.250 -
				  469B.265
Stats. Implemented: ORS
				  469B.250 -
				  469B.265
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0020 - Opportunity Announcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will announce the availability of renewable energy development
			 grants by issuing an Opportunity Announcement.
(2) The department will continually monitor
			 the allocation of grants to ensure that the total amount of grants awarded does
			 not exceed the amounts available in the Renewable Energy Development subaccount
			 within the Clean Energy Deployment Fund.
(3) If the cumulative total of all grants
			 awarded under the Opportunity Announcement is less than the total amount of
			 funding available, the department may reallocate the balance to future
			 Opportunity Announcements.
(4) The
			 Opportunity Announcement will include the following information:
(a) Objectives for the opportunity
			 period;
(b) The amount of grant
			 funds available;
(c) Application
			 requirements as defined in OAR 330-200-0050;
(d) Dates of the application opportunity
			 period;
(e) Instructions and
			 directions to the required application forms and materials;
(f) Minimum technical standards based on
			 relevant industry standards for renewable energy production systems;
(g) The criteria to be applied in
			 prioritizing applications for grant awards, as described in OAR
			 330-200-0060;
(h) Guidance on
			 submitting an acceptable resource assessment; and
(i) Other information the department
			 considers necessary.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0030 - Grant Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 person may apply for a grant by submitting a complete grant application. The
			 application must meet requirements provided by applicable statutes, these rules
			 and the current Opportunity Announcement.
(a)
			 The application must be in the form specified in the Opportunity Announcement
			 and these rules.
(b) An applicant
			 must submit a complete application during the opportunity period. For the
			 purposes of this rule, the department considers an application "submitted" when
			 the department receives the application. The department will not process
			 applications received outside of an opportunity period.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0040 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The department adopts the following schedule of fees as
				provided by ORS 469B.259 for applicants. All fee
				payments are non-refundable, despite the results of the department's review.
(1) Applicants must submit a fee of
			 $500 with their initial application.
(2) Applicants selected for technical review
			 will be required to pay an additional technical review fee prior to that
			 review. The fee amount is equal to the qualifying system cost multiplied by
			 1.25 percent.
(3) Applicants
			 requesting amendments must submit a fee of $300 with their amendment request.
(4) If an applicant fails to pay
			 fees timely as required by this rule, the department may reject the pending
			 application and discontinue the review.
Stat. Auth.: ORS
				  469.040,
				  469B.259 &
				  469B.265
Stats. Implemented: ORS
				  469B.250 -
				  469B.265
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0050 - Completeness Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Following the opportunity period, the department will review all applications
			 to determine whether:
(a) All sections of the
			 application are complete as outlined in the Opportunity Announcement.
(b) The applicant has submitted the required
			 fee.
(c) The system meets the
			 definition of a renewable energy production system.
(d) The applicant intends to begin
			 construction within 12 months of award.
(e) The applicant is applying prior to the
			 installation or construction of the system.
(A) If the applicant applies after
			 installation or construction of the system has started, the department will
			 deny the application unless a written explanation of the special circumstances
			 is received and approved by the director.
(B) Failing to submit a timely application or
			 the fact that the project was not selected for a grant or tax credit under this
			 or prior department programs does not constitute special
			 circumstances.
(f) The
			 system is located in Oregon.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0060 - Competitive Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will conduct a competitive review of all applications that pass
			 completeness review.
(2) Through
			 competitive review, the department's internal review team will prioritize
			 applications for grants according to the criteria described in the rules.
			 Depending on the Opportunity Announcement objectives, the department may give
			 greater or lesser weight to each of the criteria listed in rules.
(3) In the Opportunity Announcement the
			 department will list the evaluation criteria for the competitive review. The
			 criteria the department may consider includes:
(a) The internal rate of return of the
			 system, calculated using the formula provided by the department.
(b) The number of new jobs created by the
			 system and the number of existing jobs sustained throughout the construction,
			 installation and operation of the system.
(c) The strength of the financial plan of the
			 system.
(d) The amount of net
			 energy generated.
(e) The use of
			 the energy generated.
(f)
			 Integration into broader energy and environmental goals.
(g) The geographic diversity of the renewable
			 energy production systems compared with the other systems for which grants have
			 been requested in the current opportunity announcement.
(h) The technology or resource diversity of
			 the renewable energy production systems compared with the other systems for
			 which grants have been requested in the current opportunity
			 announcement.
(i) If the applicant
			 has previously received any Renewable Energy Development Grants or Business
			 Energy Tax Credits, the operational status of the system for which such grants
			 or tax credits was awarded.
(j) The
			 feasibility of the system.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0070 - Technical Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Once
			 the applicant has paid the technical review fee, the department will conduct a
			 technical review of systems advanced from the competitive review process. If
			 the applicant does not submit the required payment to the department within 21
			 calendar days of notification of the advancement to technical review, the
			 department may deny the application.
(2) The department will review the
			 information provided in the application against industry standards to determine
			 whether the system is technically feasible and should operate in accordance
			 with the representations made by the applicant.
(3) To be eligible, the renewable energy
			 production system must meet the following requirements:
(a) The system must meet the requirements of
			 the statutes, these rules and the Opportunity Announcement.
(b) The applicant must be the owner, contract
			 purchaser or system lessee at the time of the system's installation or
			 construction.
(c) The applicant
			 must be a trade, business or rental property owner with a business site in
			 Oregon or be an Oregon non-profit organization, tribe or public entity. The
			 applicant may not restrict membership, sales or service on the basis of race,
			 color, creed, religion, national origin, sexual preference or gender.
(d) A system located at a residential
			 property must be rental property. A rental property must comply with laws
			 related to rental accommodation and contain a dwelling unit or rooming unit
			 with permanent living facilities. Living facilities include facilities for
			 sleeping, eating, cooking and sanitation, for one or more persons, other than
			 the property owner, which is subject to a rental agreement that provides for
			 meaningful compensation to the owner.
(e) A system located on a site that includes
			 a residence, that is not a rental dwelling, must be separately metered from the
			 residence.
(f) Within the project
			 schedule and detailed project description provided in the grant application,
			 the applicant must demonstrate the ability to begin construction within 12
			 months from the date the department awards the grant.
(g) The applicant may not receive funding for
			 the system from the Feed-In Tariff program under ORS
			 757.365.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0090 - Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The grantee
			 must submit a written amendment request to the director to amend a performance
			 agreement or change any aspect of the renewable energy production
			 system.
(2) The grantee must
			 describe the proposed change to the performance agreement or renewable energy
			 production system and the reasons for the change.
(3) The grantee must demonstrate that the
			 system, with the proposed change, will continue to meet the requirements of
			 statute, rule and the Opportunity Announcement; be technically feasible, will
			 operate as represented and will remain in operation for at least five years.
			 The grantee has the responsibility to provide an amendment request with
			 complete technical documentation supporting the proposed amendment. The
			 department may deny amendments submitted without such justification.
(4) If an amendment request does not include
			 all information needed to complete the review, the department may provide the
			 grantee a written request for additional information. If the grantee does not
			 provide the requested information to the department within 30 calendar days,
			 the department may deny the request.
(5) Requests for amendments must include
			 payment of the appropriate fee. The department may accept non-substantive
			 changes, such as change of contact information, without payment of the
			 fee.
(6) The department will
			 evaluate amendments to determine if the change would have affected the outcome
			 of competitive review, which may result in pro-rating the award amount, based
			 on energy generated or project cost, or denial of the amendment
			 request.
(7) Amendment requests
			 will not be approved if the amendment would result in an increased award
			 amount.
(8) The department will
			 decide whether to approve the request.
(a) If
			 approved, the department will draft an amended performance agreement, which may
			 contain new or amended conditions and requirements. The amended performance
			 agreement will become effective upon signature by all parties.
(b) If denied, the department will notify the
			 grantee in writing. The notice will include the reasons for the denial of the
			 amendment request. The amendment fee will not be applied to future
			 amendments.
(c) The grantee may
			 accept the denial of the amendment request and comply with the terms of the
			 performance agreement or the grantee may terminate the performance agreement
			 according to its terms and return any grant funds previously
			 disbursed.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 200 - RENEWABLE ENERGY DEVELOPMENT GRANTS › Section 330-200-0150 - Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
All participants in this program are subject to OAR
				330-230-0000  through 330-230-0060.
Stat. Auth.: ORS
				  469B.250 -
				  469B.265
Stats. Implemented: ORS
				  469B.250 -
				  469B.265
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0000 - Applicability of Rules in OAR 330, Division 210

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules implement the incentive
			 program for energy conservation projects established by House Bill 3672 (2011)
			 and amended by House Bill 4079 (2012) and House Bill 2448 (2015). The rules
			 also provide procedures for submission, agency review and selection of energy
			 conservation projects for preliminary and final certification of tax credits.
(2) These rules apply to all
			 applications for tax credits and certifications for energy conservation
			 projects, as governed by ORS
			 315.331 and
			 469B.270 to
			 469B.306.
Stat. Auth.: ORS
				  469.040,
				  469B.306
Stats. Implemented: ORS
				  469B.270 - 469B.306,
				  315.331
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division, the following definitions
				apply:
(1) "Applicant" means a person
			 who has applied for or who has received a preliminary certificate for a
			 conservation energy incentive program tax credit, who has submitted an
			 informational filing for a small premium project, who has applied for or
			 received a final certification for an energy incentive program tax credit, or
			 who has entered into a performance agreement with the department.
(2) "Certified cost" means the cost
			 determined by the department during the review of the final application, used
			 as the basis for calculating the tax credit documented on the final
			 certificate.
(3) "Cost" has the
			 meaning given in ORS 469B.270, the capital costs and
			 expenses necessarily incurred in the acquisition, erection, construction and
			 installation of an energy conservation project.
(4) "Department" means the Oregon Department
			 of Energy.
(5) "Director" means
			 the director of the department.
(6) "Energy conservation project" has the
			 meaning given in ORS 469B.270, 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.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0020 - Opportunity Announcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will announce the availability of tax credits for energy
			 conservation projects by issuing an Opportunity Announcement.
(2) The department will continually monitor
			 the allocation of tax credits to ensure that the total amount of potential tax
			 credits does not exceed the tax credit caps specified in ORS
			 469B.303.
(3) If the cumulative total of all tax
			 credits awarded under the Opportunity Announcement is less than the total
			 amount of tax credits available, the department may reallocate the balance to
			 future Opportunity Announcements, including between categories.
(4) The Opportunity Announcement will include
			 the following information:
(a) Objectives for
			 the opportunity period;
(b) The
			 approximate amount of tax credits available;
(c) Application requirements, as defined in
			 OAR 330-210-0050;
(d) Dates of the
			 application opportunity period;
(e) Instructions and directions to the
			 required application forms and materials;
(f) Minimum technical standards based on
			 relevant industry standards used to conserve or reduce energy use;
(g) The criteria to be applied in
			 prioritizing applications for tax credits, as described in OAR 330-210-0060;
(h) The date of the sunset of the
			 program; and
(i) Other information
			 the department considers necessary.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0030 - Preliminary Certification Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may apply for preliminary
			 certification by submitting a complete preliminary certification application.
			 The application must meet requirements provided by applicable statutes, these
			 rules and the current Opportunity Announcement. A preliminary certification
			 application is not required for applicants submitting an informational filing
			 under the small premium project process.
(a)
			 The application must be in the form specified in the Opportunity Announcement
			 and these rules.
(b) An applicant
			 must submit a complete application during the opportunity period. For the
			 purposes of this rule, the department considers an application "submitted" when
			 the department receives the application accompanied by the fee specified in
			 these rules.
(c)The department
			 will not review applications received outside of an opportunity period and will
			 return the application fee received.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0040 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The department adopts the following schedule of fees as
				provided by ORS 469B.294 for applicants. All fee
				payments are non-refundable, despite the results of the department's review.
(1) Applicants, except those applying
			 through the small premium project process, must submit an application fee of
			 $500 with their preliminary certification application.
(2) Applicants applying through the small
			 premium project process must submit a fee of $75 with their informational
			 filing.
(3) Applicants selected
			 for technical review will be required to pay an additional technical review fee
			 prior to that review. The fee amount is equal to the qualifying cost multiplied
			 by 0.9 percent. Small premium projects are not subject to the technical review
			 fee.
(4) Applicants requesting
			 amendments to preliminary certifications must submit a fee of $300 with their
			 amendment request.
(5) Applicants
			 for final certification must submit with their application a final review fee.
			 This fee amount is equal to the qualifying cost multiplied by 0.55 percent. All
			 applicants seeking final certification for a project, including small premium
			 projects, are required to apply for final review and pay the final review fee.
(6) Applicants that transfer their
			 tax credit to a pass-through partner must pay a pass-through fee. The fee is
			 due after a pass-through partner has been identified and before the department
			 will issue a tax credit certificate.
(a) If
			 the department assists the applicant, except those using the small premium
			 project process, in obtaining a pass-through partner or partners, the fee for
			 that assistance is 1.25 percent of the tax credit amount plus $200 per tax
			 credit certificate issued.
(b) If
			 the department does not assist the applicant, except those using the small
			 premium project process, in obtaining a pass-through partner, the fee is $200
			 per tax credit certificate issued.
(c) Applicants for small premium projects,
			 the fee is $200 plus $100 per each additional tax credit certificate issued.
			 The additional fee of $100 per certificate issued does not apply to the first
			 certificate.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0045 - Small Premium Project Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Projects with qualifying costs of less
			 than $20,000 may utilize the small premium project informational filing
			 process, instead of the preliminary certification and competitive review
			 process, if the project complies with the minimum department-established
			 standards.
(a) Qualifying costs for the
			 purposes of the small premium project informational filing process are
			 determined by the predetermined tax credit amounts based on savings and cost.
			 The department will post the predetermined tax credit amounts. Based on the
			 estimated predetermined tax credit, the department will calculate the
			 qualifying cost for the project.
(b) Based on the requested predetermined tax
			 credit amount in the informational filing, the department will reserve a tax
			 credit for the project.
(c) Energy
			 conservation projects with qualifying costs of less than $20,000 may
			 participate in the preliminary certification process. Applicants may not
			 receive an energy conservation tax credit for the same project from both
			 processes.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0050 - Completeness Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will review all preliminary certification applications, other than
			 those participating in the small premium project process, to determine whether:
(a) All sections of the application are
			 complete as outlined in the Opportunity Announcement.
(b) The applicant has submitted the required
			 fee.
(c) The project meets the
			 definition of an energy conservation project.
(d) The applicant is applying prior to the
			 installation or construction of the project.
(A) If the applicant applies after
			 installation or construction of the project has started, the department will
			 deny the application unless a written explanation of the special circumstances
			 is received and approved by the director.
(B) Failing to submit a timely application or
			 the fact that the project was not selected for a grant or tax credit under this
			 or prior department programs does not constitute special circumstances.
(e) The energy
			 conservation project is located in Oregon.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0060 - Competitive Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will conduct a competitive review of all applications that pass the
			 completeness review, other than those participating in the small premium
			 project process.
(2) During the
			 competitive review, the department's internal review team will prioritize
			 applications for preliminary certification according to the criteria described
			 in the rules. Depending on the Opportunity Announcement objectives, the
			 department may give greater or lesser weight to each of the criteria listed in
			 rules.
(3) For the purposes of the
			 competitive review, the department will compare projects of similar technology
			 types against each other. The department may issue an Opportunity Announcement
			 combining two or more of the following technological sector categories and
			 compare projects from the technological sector categories together. The
			 technological sector categories for energy conservation projects are:
(a) Building envelopes, weatherization.
(b) Renewably sourced thermal
			 energy projects that use a renewable energy source, such as solar, biomass or
			 geothermal, directly without converting it to electricity. Within this
			 category, energy savings will be determined through energy displacement.
(c) Commercial building systems.
(d) Sustainable buildings. This
			 category is for projects that are eligible for tax credits under the standards
			 for new construction and total building retrofit.
(e) Commercial, agricultural and industrial
			 processes.
(f) Combined heat and
			 power or co-gen.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0080 - Preliminary Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The department may issue a preliminary certificate if it determines that the
			 energy conservation project is technically feasible and capable of operating in
			 accordance with the representations made by the applicant.
(2) The department may issue a tax credit
			 that is less than the amount requested in the energy conservation project
			 application, pursuant to statute and applicable rules.
(3) The sum of any incentives, grants,
			 credits and the energy conservation tax credit incentive may not exceed total
			 project costs.
(4) The preliminary
			 certificate will state the qualifying cost, the potential amount of allowable
			 tax credit and may include any conditions for claiming the credit. The
			 applicant has 60 days from the issue date of the preliminary certificate to
			 return the signed conditions of preliminary certification. Failure to return
			 the signed conditions of preliminary certification within the specified time
			 period may result in revocation of the preliminary certificate.
(5) The applicant must report to the
			 department on the project's status beginning one year from the issuing date of
			 the preliminary certificate, unless the department has already received the
			 project's application for final certification. The applicant must continue to
			 submit project progress reports to the department every six months after the
			 initial report until the department receives the project's application for
			 final certificate. Failure to submit reports may result in denial of a final
			 certification.
(6) A preliminary
			 certification remains valid for a period of three calendar years after the date
			 the department issues the original preliminary certification or until the
			 sunset of the program, whichever comes first.
(7) The department may revise a preliminary
			 certificate to comply with statute, rule, the Opportunity Announcement or to
			 correct clerical errors.
Stat. Auth.: ORS
				  469.040,
				  469B.306
Stats. Implemented: ORS
				  469B.270 - 469B.306,
				  315.331
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0090 - Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Amendments are
			 documentation of changes to the project described in the application for
			 preliminary certification.
(2) An
			 applicant must submit requests for amendments prior to issuance of the final
			 certification.
(3) Small premium
			 projects are not eligible for amendments to informational filings.
(4) Failure of an applicant to submit
			 documentation to the department of changes to the project may result in denial
			 of final tax credit certification.
(5) Changes to the project must be documented
			 by the applicant. The applicant must submit an amendment request on the form
			 specified in the Opportunity Announcement along with the required amendment
			 fee, except that:
(a) Changes that result in
			 less than a five percent aggregate change in energy savings may be documented
			 in the project's status report, the final certification application form, an
			 amendment request form or by otherwise notifying the department in writing.
			 These changes do not require an amendment fee. The applicant must demonstrate
			 that the change to the project resulted in less than five percent aggregate
			 change in energy savings.
(b) A
			 change of responsible party information or applicant contact information may be
			 documented by notifying the department in writing. These changes do not require
			 an amendment fee.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0100 - Final Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An energy conservation project must be completed and operating prior to
			 applying for a final certification. An applicant must submit requests for
			 amendments prior to issuance of the final certification.
(2) The department will not review
			 applications for final certification received after the expiration of the
			 preliminary certification or informational filing or those without the final
			 review fee.
(a) A preliminary certification
			 remains valid for a period of three calendar years after the date the
			 department issues the original preliminary certification or until the sunset of
			 the program, whichever comes first.
(b) An informational filing remains valid for
			 a period of 12 months after the date the department receives the informational
			 filing, or the sunset of the program, whichever comes first.