Oregon Administrative Rules › Chapter 123 - OREGON BUSINESS DEVELOPMENT DEPARTMENT › Division 93 - SOLAR DEVELOPMENT INCENTIVE PROGRAM › Section 123-093-0700 - Payment and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Payment
(a) Incentive structure. The SDI program
			 offers a flat cents-per-kWh payment for all output from an Enrolled Project for
			 up to five years. Subject to the terms and conditions of the program enrollment
			 contract, the Department will make monthly payments to an Enrolled Project of
			 $0.005/kWh of electricity generated by the Enrolled Project during the
			 preceding month. Payments shall continue for up to five years after the date on
			 which the Department makes the initial payment to the Program Enrollee for
			 energy generated by the Enrolled Project.
(b) Program enrollment. Enrollees will be
			 required to sign a program enrollment contract detailing the conditions of
			 enrolling their project in the SDI program and accepting SDI payments. Once all
			 contracts and related materials have been received, Enrolled projects will be
			 given an Enrollment Date, which will serve as the earliest date from which
			 production data can be submitted for the incentive payment to the SDI
			 Payee.
(c) Enrollment date.
			 Enrollment date is determined to be January 2, 2017 (the SDI application
			 closing date).
(d) Production
			 demonstration. Enrolled projects will be required to demonstrate (via e.g.
			 meter data or monthly utility purchase statements) the amount of electricity
			 that is produced by the system on a monthly basis by submitting production data
			 to the Department by the 15th day after the end of the previous month or as
			 otherwise arranged and agreed upon with the Department. Enrollees who provide
			 production demonstration data after the agreed upon date may experience a delay
			 in payment.
(e) Payment. The
			 Department will disburse to SDI Payees SDI payments of $0.005/kWh of
			 demonstrated production of solar energy generated during the preceding
			 month(s). Payments will only be made in accordance with and subject to the
			 terms and conditions of the program enrollment contract.
(f) Automated Clearing House (ACH) payment.
			 The Department will issue direct deposit payment via ACH only. Program
			 Enrollees will be required to complete necessary forms and approvals to
			 facilitate ACH payments.
(g)
			 Incentive reductions. Enrolled projects that are unable to begin generating
			 electricity within one year of their Enrollment Date will have a reduction in
			 the total number of months that they are eligible to receive payments.
			 Beginning one year after an Enrolled Project's Enrollment Date, for each month
			 that the Enrolled project does not generate electricity, the Department shall
			 reduce, by one month, the number of monthly payments otherwise required to be
			 paid to the SDI project Enrollee. For example, an Enrollee can receive 60
			 months of incentive payments for its Enrolled Project if the project is
			 generating electricity by January 2, 2018 (i.e. within 12 months of the latest
			 possible project Enrollment Date). If instead, the project does not begin to
			 generate electricity until 18 months after the Enrollment Date, the project
			 will only receive 54 months of incentive payments (60 months - 6 months when
			 the project was not generating electricity past the 12-month timeframe = 54
			 months of incentive payments).
(h)
			 Project removal. Projects that fail to perform, have a change in scope such
			 that they become disqualified, or become ineligible, may be removed from the
			 SDI program. Owners of Enrolled Projects that are removed from the SDI program
			 will be assigned an ineligibility date by the Department, after which they will
			 not receive any payments otherwise required to be paid to the Enrolled Project
			 Owner for said removed Enrolled Project. Projects removed from the SDI program
			 may have their program capacity released and reassigned to eligible projects
			 according to their assignment in the SDI queue. Projects can be removed from
			 the SDI program because of, but not limited to, the following scenarios:
(A) If by two years after the Enrolled
			 Project's Enrollment Date the Enrolled Project is not interconnected,
			 Commercially Operational, and generating electricity, the Department will
			 remove the Solar PV Energy System from the SDI program.
(B) An Enrolled Project may become
			 unqualified if, after enrollment, the scope of the project changes such that
			 the project no longer meets the project qualifications. The Department will
			 remove unqualified solar PV projects from the SDI program.
(C) Enrolled projects that fail to comply
			 with the obligations in the enrollment contract may be removed from the SDI
			 program.
(D) Enrolled projects that
			 fail to meet reporting obligations may be removed from the SDI
			 program.
(E) Enrolled projects that
			 make, or are discovered to have made, material misrepresentations regarding
			 their Enrolled Project(s) will be removed from the SDI program.
(F) An Enrolled Project may become ineligible
			 (even if it remains qualified) if, after enrollment, there is a change in a
			 relationship between the owner or operator of the project and other businesses
			 owning or operating Enrolled Projects. If, as a result of such change, Enrolled
			 Projects' eligibility is jeopardized, the Department may remove projects from
			 the SDI Program. Before removing a project from the SDI Program, the Department
			 will consult with the owners and operators of all Enrolled Projects whose
			 eligibility has been jeopardized by the change in relationships among owners
			 and operators of Enrolled Projects.