reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0110 - Tax Credit Recertification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An applicant of an energy conservation project with certified cost of $1
			 million or more that is subject to a performance agreement requiring
			 recertification must recertify the tax credit annually up to three years
			 following the date of the issuance of the final certificate for the initial
			 portion of the tax credit to receive the full value of the tax credit.
(2) To recertify the tax credit,
			 the department must receive an application for recertification at least 60 days
			 prior to the anniversary date of the issuance of the initial portion of the tax
			 credit certificate.
(3) The
			 application for recertification must contain the following information:
(a) A description of the business operations
			 conducted at the facility and any changes in the business operations since the
			 project was completed;
(b) Energy
			 consumption or production data for the project or facility as shown in the
			 preceding 12 months of utility billing records;
(c) A statement signed by the applicant
			 attesting that the project is in compliance with all applicable laws related to
			 the ownership and operation of the project;
(d) A statement signed by the applicant
			 attesting that the applicant is current on all obligations to the state and
			 local regulations, including but not limited to obligations for taxes and
			 permitting fees;
(e) Any other
			 information required by the department.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 210 - CONSERVATION ENERGY INCENTIVE PROGRAM › Section 330-210-0150 - Compliance and Pass-through

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All participants in this program are subject to OAR 330-230. If the tax credit
			 is subject to recertification under OAR
			 330-210-0110,
			 only that portion of the tax credit that has been certified or recertified may
			 be transferred at the five-year present value rate in OAR
			 330-230-0130.
(2) The department may
			 periodically inspect energy conservation projects and related documents during
			 the five-year term of the tax credit.
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 220 - ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM › Section 330-220-0000 - Applicability of Rules in OAR 330, division 220

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules implement the incentives
			 program for alternative fuel vehicle projects established in ORS
			 315.336 and
			 469B.320 to
			 469B.347. The rules also provide
			 procedures for submission, agency review and selection of alternative fuel
			 vehicle projects for preliminary and final certification of tax credits.
(2) These rules apply to all
			 applications and certifications for tax credits for alternative fuel vehicle
			 projects as governed by ORS
			 315.336 and
			 469B.320 to
			 469B.347.
Stat. Auth.: ORS
				  469.040,
				  469B.326,
				  469B.332,
				  469B.347
Stats. Implemented: ORS
				  315.336 & 469B.320 -
				  469B.347
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 220 - ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM › Section 330-220-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division, the following definitions
				apply:
(1) "Acquisition" includes:
(a) For an alternative fuel vehicle
			 infrastructure project, installation or construction of a facility for mixing,
			 storing, compressing or dispensing fuels for alternative fuel vehicles, and any
			 other necessary and reasonable equipment.
(b) For an alternative fuel vehicle fleet
			 project, the replacement of two or more vehicles that are not used primarily
			 for personal, family or household purposes, with vehicles that are modified or
			 acquired directly from the factory and that:
(A) Use an alternative fuel, including
			 electricity, biofuel, gasohol with at least 20 percent denatured alcohol
			 content, hydrogen, Hythane, methane, methanol, natural gas, propane or any
			 other fuel approved by the Director of the State Department of Energy as an
			 alternative fuel; and
(B) Produce
			 lower exhaust emissions, or are more energy efficient, than equivalent vehicles
			 fueled by gasoline or diesel.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 220 - ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM › Section 330-220-0020 - Opportunity Announcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will announce the availability of tax credits for alternative fuel
			 vehicle 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 cap specified in ORS
			 469B.344.
(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 a
			 future Opportunity Announcement.
(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 330-220-0050;
(d) Dates of the
			 application opportunity period;
(e) Instructions and directions to the
			 required application forms and materials;
(f) Minimum technical standards;
(g) The process the department will use to
			 allocate tax credits;
(h) For
			 alternative fuel vehicle fleet projects, a list of eligible on-road vehicle
			 types;
(i) For alternative fuel
			 vehicle fleet projects, a maximum percentage of potential tax credit available
			 an applicant may obtain during an opportunity period;
(j) For class 8 tractors, the incremental
			 expenditure upon which to base the tax credit;
(k) Required percentage of fleet miles driven
			 in state on an annual basis;
(l)
			 The date of the sunset of the program; and
(m) Other information the department
			 considers necessary.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 220 - ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM › Section 330-220-0030 - Preliminary Certification Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person may apply for a 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) 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.
(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 220 - ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM › Section 330-220-0040 - Application Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The department adopts the following schedule of fees as
				provided by ORS 469B.335. All fee payments are
				non-refundable, despite the results of the department's review.
(1) Applicants must submit a fee of $300 with
			 their preliminary certification 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 cost multiplied by 0.9
			 percent.
(3) Applicants requesting
			 amendments to preliminary certifications must submit a fee of $300 with their
			 amendment request.
(4) 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 are required to apply for
			 final review and pay the final review fee.
(5) Applicants that choose to transfer their
			 tax credit to a pass-through partner, pursuant to OAR 330-230-0110  to
			 330-230-0140, 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 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 in obtaining a pass-through
			 partner, the fee is $200 per tax credit certificate issued.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 220 - ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM › Section 330-220-0050 - Completeness Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will determine that sufficient potential tax credits are available
			 prior to beginning review of an application. The department may return
			 applications, or offer a lower tax credit amount, if there are not sufficient
			 potential tax credits available to award the amount of tax credit requested.
(2) The department will review all
			 preliminary certification applications to determine whether:
(a) All sections of the application are
			 complete.
(b) The applicant has
			 submitted the required fee.
(c)
			 The project meets the definition of an alternative fuel vehicle project.
(d) The applicant is applying
			 prior to the acquisition of the project.
(A)
			 If the applicant applies after acquisition 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
			 not being selected for a grant or tax credit under this or prior department
			 programs does not constitute special circumstances.
(e) The alternative fuel vehicle project is
			 located in Oregon.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 220 - ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM › Section 330-220-0080 - 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
			 alternative fuel vehicle 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 alternative fuel vehicle
			 project application, pursuant to statute and applicable rules.
(3) The sum of any incentives, grants,
			 credits, and the alternative fuel vehicle project 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 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 revocation of the
			 preliminary certification or denial of the final certification.
(6) A preliminary certification remains valid
			 for a period of three calendar years after the date the department issues the
			 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 and the
			 Opportunity Announcement or to correct clerical errors.
Stat. Auth.: ORS
				  469.040,
				  469B.326,
				  469B.332,
				  469B.347
Stats. Implemented: ORS
				  315.336 & 469B.320 -
				  469B.347
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 220 - ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM › Section 330-220-0090 - Amendments to Preliminary Certifications

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) Failure of an applicant to
			 submit documentation to the department of changes to the project may result in
			 denial of final tax credit certification.
(4) 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) Equipment substitutions
			 that do not reduce the project's capabilities, do not reduce the project's
			 capacity and are within five percent of the stated fuel displacement may be
			 documented in the project's status report, the final certification application
			 form, an amendment request form or by notifying the department in writing.
			 These changes do not require an amendment fee. The department may require the
			 applicant to demonstrate that the change does not reduce the project's
			 capabilities, does not reduce the project's capacity and is within five percent
			 of the stated fuel displacement.
(b) A change of responsible party 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 220 - ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM › Section 330-220-0100 - Final Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An alternative fuel vehicle project must be completed and operating prior to
			 applying for a final certification. An applicant must submit a request for an
			 amendment 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 without the final review fee. 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.
(3) The applicant must submit the application
			 on the current department-issued form and all sections must be completed.
(4) The department will review the
			 application, and may conduct an inspection, to verify:
(a) That the alternative fuel vehicle project
			 is complete and operating.
(b)
			 Compliance with statute, rules and the preliminary certification.
(c) Compliance with state and local
			 regulations, including required licenses and permits.
(d) The lease or rental agreement if the
			 infrastructure is leased or rented.
(e) That applicable fuel taxes and property
			 taxes for the project location are current.
(f) That the alternative fuel vehicle project
			 will be maintained and operated for at least five years by the project owner.
(g) The total project costs for
			 acquisition of the project were paid in full.
(A) A certified public accountant must attest
			 to the total project cost, or if the total project cost is less than $50,000,
			 the applicant must submit copies of receipts for the project.
(i) The certified public accountant cannot be
			 the project owner, nor permanently employed by the project owner or
			 pass-through partner.
(ii)
			 Receipts for proof of payment may include canceled checks, credit card
			 statements, binding contracts and agreements.
(B) The application must demonstrate that
			 contract and loan agreements directly related to the project are not in
			 default.
(C) The application must
			 include information regarding all incentives, regardless of source, applied for
			 or received in connection with the project.
(D) For a capital lease, applicant must
			 submit a copy of the lease and demonstrate that lease payments directly related
			 to the project are not in default.
(E) Applicants must provide itemized
			 documentation of the installed alternative fuel vehicle project. A detailed
			 invoice or the public accountant's attestation may be sufficient documentation.
(h) Other information
			 the director considers necessary.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 220 - ALTERNATIVE FUEL VEHICLE INFRASTRUCTURE ENERGY INCENTIVE PROGRAM › Section 330-220-0150 - Compliance and Pass-through

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 All participants in this program are subject to OAR 330-230-0000  through
			 330-230-0150.
(2) The department
			 may periodically inspect alternative fuel vehicle projects and related
			 documents during the five-year term of the tax credit.
(3) If any alternative fuel vehicles that are
			 part of a project receiving the tax credit are no longer in operation by
			 applicant because they were sold, repossessed, destroyed or otherwise no longer
			 in the applicant's fleet, the applicant must notify the department within 30
			 days of the date that the vehicle was removed from the project owner's fleet.
			 This may cause the department to take action under ORS
			 469B.341.
Stat. Auth.: ORS
				  469.040,
				  469B.326,
				  469B.332,
				  469B.347
Stats. Implemented: ORS
				  315.336 & 469B.320 -
				  469B.347
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0000 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
These rules implement the incentive program for transit
				services established in House Bill 3672 (2011) and amended by House Bill 4079
				(2012). The rules also provide procedures for submission, agency review and
				selection of transit services for preliminary and final certification of tax
				credits.
These rules apply to all applications for tax credits for
				transit services projects, as governed by ORS
				469B.320 to
				469B347.
Stat. Auth.: ORS
				  469.040 &
				  469B.347
Stats. Implemented: ORS
				  469B.320-469B.347,
				  315.336 & OL 2012 Ch. 45
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of this division, the following definitions
				apply:
(1) "Allocated project cost"
			 means the amount of the transit services project's cost that may be eligible
			 for tax credits. The department calculates by dividing the amount of the
			 potential tax credit available to each applicant, determined by the process in
			 OAR 330-225-0050(6), by the tax credit rate in effect for that Opportunity
			 Announcement.
(2) "Applicant" means
			 a person who has applied for or who has received a preliminary certificate for
			 a transit services energy incentives program tax credit.
(3) "Certified cost" means the cost certified
			 in the final certification.
(4)
			 "Cost" has the meaning given in ORS
			 469B.320.
(5) "Department" means the Oregon Department
			 of Energy.
(6) "Director" means the
			 director of the department.
(7)
			 "Opportunity period" means the timeframe specified in an Opportunity
			 Announcement for the department to accept applications for transit
			 services.
(8) "Substantial Energy
			 Savings" means a reduction of at least 10 percent in the energy used by the
			 transit service compared to the equivalent energy use of single occupant
			 vehicles traveling the same number of passenger miles.
(9) "Transit Services Provider" means a
			 public or nonprofit entity that provides transit services to the public and
			 that receives state or federal funding for those services, or is the direct
			 recipient of funding from an entity that receives state or federal funding for
			 the services.
(10) "Transit
			 Services" means transportation by a conveyance that provides regular and
			 continuing transportation to the public, but does not include school bus,
			 charter or intercity passenger rail transportation.
(11) "Vehicle Miles Reduced" (VMR) means the
			 difference in miles driven by the transit services compared to miles driven by
			 single occupant vehicles.
Stat. Auth.: ORS
				  469.040 &
				  469B.347
Stats. Implemented: ORS
				  469B.320-469B.347,
				  315.336 & OL 2012 Ch. 45
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0020 - Opportunity Announcement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will announce the availability of tax credits for transit services
			 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.344.
(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 a
			 future Opportunity Announcement.
(4) The Opportunity Announcement will include
			 the following information:
(a) Objectives for
			 the opportunity period;
(b) The
			 amount and the percent level of tax credits available;
(c) Application requirements including the
			 time period during which transit services are eligible;
(d) Dates of the application opportunity
			 period;
(e) Instructions and
			 directions to the required application forms and materials;
(f) Minimum technical standards;
(g) The process the department will use to
			 allocate tax credits; and
(h) Other
			 information the department considers necessary.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0030 - 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 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 ôsubmittedö
			 when the department receives the application accompanied by the fee specified
			 in these rules. The department will not process applications received outside
			 of an opportunity period.
(c) Only
			 one application will be accepted from each transit services provider for each
			 Opportunity Announcement.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0040 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
The department adopts the following schedule of fees as
				provided by ORS 469B.335 for applicants. All fee
				payments are non-refundable, despite the results of the department's review.
(1) Applicants must submit an
			 application fee of $500 with their preliminary certification application.
(2) Applicants selected for
			 technical review will be required to pay a technical review fee prior to that
			 review. The fee amount is equal to the allocated project cost multiplied by
			 0.55 percent.
(3) Applicants
			 requesting amendments to preliminary certifications must submit a fee of $300
			 with their amendment request.
(4)
			 Applicants for final certification must submit with their application a final
			 review fee. This fee amount is equal to the allocated project cost multiplied
			 by 0.55 percent. All applicants seeking final certification for a project are
			 required to apply for final review and pay the final review fee.
(5) 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 can issue a
			 tax credit.
(a) If the department assists the
			 applicant in obtaining a pass-through partner or partners, the fee for that
			 assistance is 1.25 percent of the tax credit amount plus $100 per tax
			 certificate issued.
(b) If the
			 department does not assist the applicant in obtaining a pass-through partner,
			 the fee is $200 per tax credit certificate issued.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0050 - Completeness Review and Allocation of Potential Tax Credits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department will determine the
			 allocation of potential tax credits as detailed in the Opportunity Announcement
			 prior to beginning review of an application.
(2) Tax credits must be claimed over a five
			 year period as required by ORS
			 315.336, and as shown below:
(a) If a preliminary certification is issued
			 on or after January 1, 2012, and before January 1, 2013, the tax credit is 25
			 percent of certified cost. The tax credit allowed in each of five tax years is
			 5 percent of the certified cost.
(b) If a preliminary certification is issued
			 on or after January 1, 2013, and before January 1, 2014, the tax credit is 20
			 percent of certified cost. The tax credit allowed in each of five tax years is
			 4 percent of the certified cost.
(c) If a preliminary certification is issued
			 on or after January 1, 2014, and before January 1, 2015, the tax credit is 15
			 percent of certified cost. The tax credit allowed in each of five tax years is
			 3 percent of the certified cost.
(d) If a preliminary certification is issued
			 on or after January 1, 2015, and before January 1, 2016, the tax credit is 10
			 percent of certified cost. The tax credit allowed in each of five tax years is
			 2 percent of the certified cost.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0070 - 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 transit services project applications advanced from the
			 completeness review process. If the applicant does not submit the required
			 technical review fee to the department within 21 calendar days of mailing of
			 the notification for 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 service will operate as represented by the
			 applicant.
(3) To be eligible the
			 transit services must meet the following requirements:
(a) The project must meet the requirements of
			 the statutes, these rules and the Opportunity Announcement. Transit services
			 may operate for a period of less than five years.
(b) The applicant must be the owner, contract
			 purchaser or project lessee at the time of the project's performance.
(c) The applicant must be a recipient or
			 sub-recipient of state or federal funds for the transit services included in
			 the application.
(A) "Recipient" refers to the
			 entity that directly receives funds from the state or federal agency for
			 transit services.
(B)
			 "Sub-recipient" refers to the entity that directly receives state or federal
			 funds from a recipient for transit services. Vendors or contractors of
			 recipients who are not an owner, contract purchases or lessee of the project
			 are not considered sub-recipients and may not submit applications.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0080 - 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
			 transit services are technically feasible and capable of operating in
			 accordance with the representations made by the applicant. The department may
			 issue a tax credit that is less than the amount requested in the transit
			 services application, pursuant to statute and applicable rules.
(2) The sum of any state or federal funding
			 and the transit services incentive may not exceed project costs.
(3) The preliminary certificate will state
			 the qualifying project cost, the potential amount of allowable tax credit and
			 any conditions for claiming the credit.
(4) 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.
Stat. Auth.: ORS
				  469.040 &
				  469B.347
Stats. Implemented: ORS
				  469B.320-469B.347,
				  315.336 & OL 2012 Ch. 45
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0090 - Amendments to Preliminary Certifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The applicant must notify the department
			 of any changes to the project described in the application for preliminary
			 certification.
(2) An applicant
			 must declare all changes to the transit services by the time the department
			 receives the final certification application. Undeclared changes found in the
			 application for final certification or through later inspection may result in
			 denial of final tax credit certification.
(3) The applicant must submit an amendment
			 request to the director to amend a transit services preliminary certification
			 for any changes to the project.
(4)
			 Applicants must submit amendments on the form specified in the Opportunity
			 Announcement.
(5) The applicant
			 must demonstrate that the transit services project, with the proposed change,
			 would continue to be technically feasible and would operate as represented. The
			 applicant has the responsibility to provide an amendment request with complete
			 documentation that will support a case for the proposed amendment. The
			 department may deny amendments submitted without such justification.
(6) An amendment may result in a reduction in
			 tax credit, but may not increase the tax credit amount certified in the
			 preliminary certificate.
(7) If an
			 amendment request does not include all information needed to complete the
			 review, the department may provide the applicant a written request for
			 additional information. If the applicant does not provide the requested
			 information to the department within 30 calendar days, the department may deny
			 the request to amend the preliminary certification.
(8) 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.
(9) The department will decide
			 whether to approve the amendment request.
(a)
			 If approved, the department will draft an amended preliminary certification,
			 which may contain new or amended conditions and requirements.
(b) If denied, the department will notify the
			 applicant in writing. The notice will include the reasons for the denial of the
			 amendment request.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0100 - Final Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Transit services projects must be completed prior to applying for a final
			 certification. An applicant must submit amendments to preliminary
			 certifications prior to or at the time of submission of the final certification
			 application.
(2) The department
			 will not review applications for final certification received after the
			 expiration of the preliminary certification or without the final review
			 fee.
(3) The applicant must submit
			 the application on the current department-issued form and all sections must be
			 completed.
(4) The department will
			 review the application, and may conduct an inspection, to verify:
(a) That the transit services project was
			 completed.
(b) Compliance with
			 statute, rules, the relevant Opportunity Announcement and the preliminary
			 certification.
(c) Compliance with
			 state and local regulations, including required licenses and permits.
(d) That the transit services project was
			 maintained and operated for the period specified in the preliminary
			 certification.
(e) The costs for
			 performance of the project were paid in full.
(A) The applicant must verify the actual
			 costs of the project by providing an attestation of costs provided by a
			 certified public accountant or a copy of a completed audit, in compliance with
			 federal Office of Management and Budget Circular A-133 as in effect on June,
			 2010 or if the cost is less than $50,000 the applicant must submit copies of
			 receipts for the project.
(i) The certified
			 public accountant cannot be the project owner, nor permanently employed by the
			 project owner or pass-through partner.
(ii) Receipts for proof of payment may
			 include canceled checks, credit card statements, binding contracts or
			 agreements.
(iii) The department may
			 waive the requirement for a certified public accountant attestation of costs if
			 the entity has been the subject of an audit conducted within the two years
			 prior to the date at which the final application is received and the audited
			 accounts include the costs of the transit services project.
(B) The application must demonstrate that
			 contract or loan agreements directly related to the project are not in default.
(C) The application must include
			 information regarding all incentives and grants, regardless of source, applied
			 for or received in connection with the project.
(f) Other information the director considers
			 necessary.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 225 - TRANSIT SERVICES ENERGY INCENTIVES PROGRAM › Section 330-225-0150 - Compliance and Pass-through

Current through Register Vol. 63, No. 7, July 1, 2024
All participants in this program are subject to OAR
				330-230-0000  through 330-230-0150.
Stat. Auth.: ORS
				  469.040 &
				  469B.347
Stats. Implemented: ORS
				  469B.320-469B.347,
				  315.336 & OL 2012 Ch. 45
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0000 - Applicability of Rules in OAR 330, Division 230

Current through Register Vol. 63, No. 7, July 1, 2024
These rules provide procedures for compliance activities and
				pass-through transactions for the incentive programs established in House Bill
				3672 (2011) and amended by House Bill 4079 (2012). The compliance rules in OAR
				330-230-0010  to 330-230-0060  apply to all applicants for energy incentive
				programs for energy conservation, transportation and renewable energy grants as
				governed by ORS 469 B. The pass-through rules in OAR 330-230-0110  to
				330-230-0150  apply to all applicants for the energy incentive program for
				energy conservation projects as governed by ORS
				469B.270 through
				469B.306 and transportation
				projects as governed by ORS
				469B.320 through
				469B.347.
Stat. Auth.: OL 2011, Ch. 730, Sec. 34 - 51
Stats. Implemented: OL 2011, Ch. 730, Sec. 34 - 51
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0010 - Definitions for Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				330-230-0010 to
				330-230-0060 the following definitions apply:
(1)
			 "Department" means the Oregon Department of Energy.
(2) "Director" means the director of the
			 department.
(3) "Period of
			 operation" means:
(a) For an Energy
			 Conservation Project or a Transportation Project, five years from the date of
			 issuance of the tax credit certificate.
(b) For a Renewable Energy Production System,
			 five years from the date of final payment under the Performance
			 Agreement.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0020 - Purpose of Inspection or Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may require project
			 inspection or project review at any time from the date of initial application
			 through the end of a project's period of operation.
(2) Inspections or reviews may be conducted
			 by the department to verify:
(a) The amount
			 certified for a credit,
(b)
			 Completion of a project,
(c) A
			 project is operational,
(d)
			 Ownership of a project,
(e)
			 Compliance with the preliminary certificate or application for preliminary
			 certification and any amendments,
(f) Compliance with a performance agreement,
			 or
(g) Compliance with ORS chapter
			 469B and any applicable rules or standards adopted by the director.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0030 - Selection of Projects, Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Criteria for selecting projects for
			 inspection or review includes, but is not limited to, consideration of project
			 cost, type and location.
(2) The
			 department will provide the applicant written notice of the inspection or
			 review in advance of the planned inspection or review date.
Stat. Auth.: OL 2011, Ch. 730, Sec. 34 - 51
Stats. Implemented: OL 2011, Ch. 730, Sec. 34 - 51
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0040 - Project Access

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 applicant must provide safe access to all areas of the project the department
			 reasonably considers necessary to complete the inspection.
(2) The exact safety needs and requirements
			 will be specific to each project and may include, but are not limited to, a
			 secure ladder or stairs for access, and notice of any hazardous
			 conditions.
(3) The department will
			 not inspect a portion of a facility where the access provided presents, in the
			 opinion of the department, an unreasonable risk to personal safety.
Stat. Auth.: OL 2011, Ch. 730, Sec. 34 - 51
Stats. Implemented: OL 2011, Ch. 730, Sec. 34 - 51
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0050 - Inspection or Review Outcomes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A project will pass inspection or review
			 if sufficient information is available for the department to verify the
			 statements made in an application, or conformance with conditions of a
			 certification or performance agreement.
(2) The department may record that the
			 inspected project has failed an inspection if:
(a) The applicant fails to provide a
			 reasonable opportunity for the department to conduct an inspection or
			 review,
(b) The applicant fails to
			 provide sufficient and safe access to the project,
(c) The project is not operational,
(d) The applicant or project owner misses a
			 scheduled inspection or review appointment without notice to the
			 department,
(e) The project does
			 not conform to the preliminary certificate, application for preliminary
			 certification, ORS chapter 469B or any applicable rules or standards adopted by
			 the director, or
(f) The project
			 does not comply with the performance agreement.
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0060 - Failed Inspections or Reviews, Notice, Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 may deny a tax credit or grant to, or may take action to recover any tax credit
			 or grant already issued from, an applicant who has not resolved the problem
			 identified in a failed project inspection or review.
(2) The department will provide written
			 notice to the applicant explaining the reason for a denial, suspension or
			 revocation of a tax credit certificate or grant due to a failed project
			 inspection or review.
(3) The
			 applicant may request reconsideration of the failed project inspection or
			 review. A request for reconsideration must be received by the department within
			 30 calendar days of the date of the notice of failure.
(4) A request for reconsideration must
			 include an explanation of why the applicant believes the project should pass
			 inspection or review, a request for a new inspection or review and payment of
			 the required re-inspection fee.
(5)
			 The department may waive all or part of the re-inspection fee if it denies the
			 request for reconsideration or accepts the applicant's explanation of special
			 circumstances for the failure of the inspection or review.
Stat. Auth.: OL 2011, Ch. 730, Sec. 34 - 51
Stats. Implemented: OL 2011, Ch. 730, Sec. 34 - 51
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0110 - Definitions for Pass-Through

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR
				330-230-0110 to
				330-230-0150 the following definitions apply:
(1)
			 "Department" means the Oregon Department of Energy.
(2) "Pass-through amount" means the amount,
			 equal to the present value of the credit calculated in accordance with the
			 formula set out in OAR
			 330-230-0130,
			 paid to an applicant in exchange for the right to claim the tax
			 credit.
(3) "Pass-through partner"
			 means an individual or entity that pays the pass-through amount to an applicant
			 and receives the tax credit certificate in place of the applicant.
(4) "Transferee" means an individual or
			 entity that pays the pass-through amount to an applicant that has been issued
			 the tax credit certificate, and receives a re-issued tax credit certificate in
			 place of the applicant.
Stat. Auth.: OL 2011, Ch. 730, Sec. 34 - 51
Stats. Implemented: OL 2011, Ch. 730, Sec. 34 -
				  51
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0120 - Pass-Through Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant eligible to receive a tax credit may transfer the credit in return
			 for a cash payment.
(2) An eligible
			 individual or entity that pays the present value to purchase the approved tax
			 credit from the applicant is eligible to claim the tax credit in place of the
			 original applicant.
(3) A tax
			 credit may be transferred one time only, from the applicant to an eligible
			 pass-through partner.
(4) A tax
			 credit that has been transferred to a pass-through partner may be first claimed
			 during the tax year of the pass-through partner in which the pass-through
			 partner paid for the credit, in accordance with ORS
			 469B.297(3) or
			 469B.338(3).
Stat. Auth.: OL 2011, Ch. 730, Sec. 34 - 51
Stats. Implemented: OL 2011, Ch. 730, Sec. 34 - 51
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0130 - Pass-Through Amount

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 following formulas will be used to calculate the present value of the tax
			 credit for transfer purposes:
(a) For tax
			 credits that may be claimed over 5 succeeding tax years, the formula is: Tax
			 Credit Amount/[1 + (3(5 year Treasury yield rate) - 3 year net rate of change
			 for the urban CPI for the west region)]^5 = Present Value
(b) For tax credits that may be claimed in
			 one tax year the formula is: Tax Credit Amount/[1 + (2(2 year Treasury yield
			 rate) - net rate of change for the urban CPI for the west region)]^1 = Present
			 Value
Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 230 - COMPLIANCE AND PASS THROUGH › Section 330-230-0140 - Pass-Through Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant planning to transfer the tax credit must select the pass-through
			 option on the final certification application.
(2) If a pass-through partner has not been
			 identified at the time of the preliminary certification application, the
			 applicant must note "partner to be identified" and submit additional
			 information when the pass-through partner is identified.
(3) If an applicant chooses to transfer the
			 tax credit, the application for final certification must include a complete,
			 signed pass-through partner agreement form.
(4) When an applicant chooses to transfer a
			 tax credit, the department may hold the application for final certification
			 until pass-through partner information is received by the department. Any
			 application in which the applicant has indicated a choice to transfer the tax
			 credit is not a "completed application" until the department receives the
			 completed final certification application form, the appropriate fee and the
			 completed pass-through partner agreement form for the tax credit, or portion of
			 the tax credit, being transferred to that pass-through partner.
(5) If the tax credit is being transferred to
			 more than one pass-through partner, the certification period for each partner
			 will begin during the tax year the partner pays for the credit.
(6) The department will not issue a tax
			 credit certificate to a pass-through partner until the appropriate criteria,
			 conditions and requirements of the preliminary certification and these rules
			 are satisfied.
(7) For purposes of
			 administering the sunset of the program, the department may issue a tax credit
			 to an applicant, even though the applicant previously indicated a choice to
			 transfer the tax credit to a pass-through partner, if the department has not
			 received a completed application that includes the signed pass-through partner
			 agreement form at least 60 calendar days prior to the sunset date for the
			 program. A tax credit will be issued to an applicant if the applicant and the
			 project meet all applicable requirements and the only reason the application
			 for final certification is incomplete is because the pass-through partner
			 agreement form is not complete.
(8)
			 The department will issue a tax credit certificate to the pass-through partner
			 when the applicant confirms receipt of a payment equal to the present value of
			 the tax credit and the applicant relinquishes any claim to the
			 credit.
Stat. Auth.: OL 2011, Ch. 730, Sec. 34 - 51
Stats. Implemented: OL 2011, Ch. 730, Sec. 34 - 51