Oregon Administrative Rules › Chapter 330 - DEPARTMENT OF ENERGY › Division 90 - BUSINESS ENERGY TAX CREDITS (BETC) › Section 330-090-0133 - Final Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Processing the Final Certification: To qualify for a Final Certification, the
			 facility must be completed as described in the Application for Preliminary
			 Certification and the Preliminary Certificate. Any changes to the Preliminary
			 Certificate and/or Application for Preliminary Certification must complete the
			 amendment process outlined in these rules prior to the project completion date.
			 Failure to obtain approval through the amendment process may result in denial
			 of the Final Certification Application.
(a)
			 Applications shall be considered received for the purposes of ORS
			 469B.167 on the date marked
			 received by the department, unless the application is incomplete. If the
			 application for final certification is not complete, the date on which all of
			 the required information has been received is the date upon which the
			 department will consider a completed application received by the department.
(A) When a facility owner chooses to transfer
			 the tax credit under ORS
			 469B.148, the Department may
			 hold the application for final certification until pass-through partner(s)
			 information is received by the Department. Except for a facility using or
			 producing renewable energy resources with a certified cost that exceeds $10
			 million, any application in which the facility owner has indicated a choice to
			 transfer the tax credit under
			 469B.148 is not a "completed
			 application" until the Department receives both the completed final
			 certification application form from the facility owner, the pass-through 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. The
			 receipt of the completed application by the Department begins the certification
			 period, as provided in
			 469B.167.
(B) As provided in ORS
			 469B.167(2)(c),
			 a facility using or producing renewable energy resources with a certified cost
			 that exceeds $10 million and that receives final certification under ORS
			 469B.161 after January 1, 2010,
			 a final certification application shall be considered complete without the
			 identification of a transferee for purposes of ORS
			 469B.148 or
			 469B.154.
(C) If more than one pass-through partner is
			 being transferred the credit, facility owners may have up to 18 months from the
			 date the first pass-through partner agreement form is received by the
			 Department to begin each certification period of the tax credit. For
			 pass-through partner(s) agreement forms received by the Department after the
			 18-month period, the certification period begins 18 months from the date the
			 first pass-through partner agreement form was received by the Department.
(D) For purposes of administering
			 the sunset of the program, the Department may issue a Final Certificate to a
			 facility owner who previously indicated a choice to transfer a tax credit to a
			 pass-through partner under ORS
			 469B.148, if the Department has
			 not received a completed application that includes the pass-through fee and the
			 signed pass-through partner agreement form at least sixty days prior to the
			 sunset date for the BETC program provided under ORS
			 315.357. The Final Certificate
			 will be issued to a facility owner if the only piece causing the application
			 for final certification to be incomplete is the pass-through partner(s)
			 agreement form and pass-through fee.