Oregon Administrative Code

330-069-0090 Amendments These rules may be amended from time to time as needed on agreement of the IOUs listed in OAR 330-069-0075, OPUC and ODOE. Statutory/Other Authority: ORS 469 Statutes/Other Implemented: ORS 316.088 History: DOE 5-1985, f. & ef. 6-17-85

330-070-0010 Purpose (1) The department will grant or deny tax credits in accordance with ORS 469B.100 through 469B.118 and ORS 316.116 which allow tax credits for Alternative Energy Devices (AEDs). (2) These rules establish the criteria and standards for issuance of tax credits …

330-070-0013 Definitions For the purposes of Oregon Administrative Rules, chapter 330, division 70 the following definitions apply unless the context requires otherwise: (1) “Alternative Energy Device” (AED) — has the meaning provided in ORS 469B.100 and includes a category one a…

330-070-0014 Pass-Through Eligibility (1) An individual, estate or trust subject to tax under ORS chapter 316 that pays the present value to purchase the approved tax credit from the applicant may be eligible to claim the tax credit in place of the applicant. (2) In accordance wi…

330-070-0020 Eligibility (1) To qualify for a credit, a person must meet all of the following: (a) Be subject to Oregon personal income tax. (b) Purchase an AED, complete construction, install an AED in or at an Oregon dwelling, and obtain a certification in accordance with OAR 3…

330-070-0021 Eligible Devices (1) To be eligible for a tax credit, an AED must meet all of the following: (a) Be a complete system that is currently operating and meets these rules. (b) Be a system that is built, installed, and operated in or at an Oregon dwelling in accordance w…

330-070-0022 Amount of Tax Credit (1) The amount of the AED tax credit is based on the first-year energy savings of an eligible AED. The department has determined first-year energy savings estimates for eligible AEDs and associated tax credit amounts, which are listed in the RETC…

330-070-0024 Year Credit Claimed (1) The tax credit must be claimed pursuant to ORS 316.116. (2) The tax credit allowed in any one year may not exceed a person's tax liability for that year. Unused credit may be carried forward for a maximum of 5 years as allowed under ORS 316.11…

330-070-0025 Application for System Certification (1) Applicants for a tax credit must obtain a system certification from the department. (2) All applications for a system certification must meet all of the following: (a) Provide all requested information and include a statement …

330-070-0026 Tax-Credit Technician (1) Technicians may apply for the department’s tax-credit technician (TCT) status for a technology listed in section (2) of this section. Tax-credit technician status is intended to assist consumers with the state tax credit program, ensure that…

330-070-0027 Application Review Process (1) The department must receive an application on or before June 1, 2018 to consider the application for AED tax credit approval. AEDs must comply with OAR 330-070-0010 through 330-070-0097. Specific rules for each type of AED are provided …

330-070-0029 Third-Party Alternative Energy Device Installations (1) A third-party who intends to complete a third-party alternative energy device installation must obtain a reservation before commencing installation. (2) The third-party must apply to reserve potential tax credit…

330-070-0040 Other Rules and Regulations (1) AEDs must comply with all state, federal and local laws and rules that apply. (2) The policy of the department is: (a) To accept the findings of local, state and federal agencies which license or permit projects to be built or run; (b)…

330-070-0045 Enforcement (1) Actions that are cause for revocation of a residential alternate energy tax credit: (a) A system certification may be revoked pursuant to ORS 469B.118 if the Director finds any of the following: (A) The applicant obtained the system certification as a…

330-070-0048 Administrative Process for Review and Revocation of the Tax-Credit Technician Status (1) If the department receives a complaint, the tax-credit technician and employing company must be notified and given an opportunity to respond. (a) If the complaint relates to issu…

330-070-0055 Consumer Information (1) A tax-credit technician must inform the owner in simple terms: (a) How to tell if the device is running correctly, and who to call if it is not; (b) How to tell if the freeze protection is in effect, and who to call if it is not; (c) What mai…

330-070-0059 Solar Swimming Pool, Spa and Hot Tub AEDs (1) Installations must be installed according to manufacturer's instructions; and comply with all applicable state, county, or local codes and regulations. (2) Consumers who purchase a solar swimming pool, spa or hot tub heat…

330-070-0060 Solar Domestic Water Heating AEDs (1) Installations of solar domestic water heating systems must comply with all applicable state, county or local codes and regulations and be verified by a tax-credit technician. (2) Consumers who purchase a solar domestic water heat…

330-070-0062 Passive Solar Space Heating AEDs (1) Installations of passive solar space heating systems must comply with all applicable state, county or local codes and regulations. (2) The estimated first year energy savings for the system must be the net usable energy produced u…

330-070-0063 Combined Active Solar Space and Domestic Water Heating AEDs (1) Combined active solar space and domestic water heating systems use air or water that is moved by pumps or fans to collect, store and distribute the sun's energy to a dwelling or part of a dwelling. (2) I…

330-070-0064 Photovoltaic AEDs (1) Installations of photovoltaic systems must be installed according to manufacturer's instructions, comply with all applicable Oregon codes and be verified by a tax-credit technician. (2) System size will be determined by the sum of all the photov…

330-070-0070 Geothermal Systems (1) Geothermal systems must comply with OAR 330-070-0025 and 330-070-0040. Installations must be verified by a tax-credit technician. (2) System parts must have adequate: (a) Structural strength; (b) Resistance to weather and fire; (c) Ease of upke…

330-070-0073 Energy-Efficient Appliances (1) Energy-efficient appliances must meet or exceed the United States Department of Energy (USDOE) energy efficiency standards, as applicable, the department will designate a nationally recognized test procedure that will apply where USDOE…

330-070-0076 Premium Efficiency Biomass Combustion Alternative Energy Devices (1) To qualify for a tax credit, a premium efficiency biomass combustion device must be: (a) Less than <250,000 Btus per hour heat output. (b) Installed with a dedicated outside combustion air intake wi…

330-070-0078 Alternative Fuel Devices (1) To qualify for a tax credit, an alternative fuel device must be permanently installed to meet all state and local safety codes. (2) Electric charging stations must be a Level 2, 240 volt AC or similar. (3) Non-electric alternative fuel fu…

330-070-0085 Fuel Cell Systems To be eligible for a tax credit under these rules, fuel cell systems must have a minimum rated stack capacity of 0.5 kW and a maximum rated system capacity of 10 kW. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Implemented: ORS 4…

330-070-0089 Wind Alternative Energy Devices (1) A qualifying wind energy conversion system is a device that uses wind to produce mechanical or electrical power or energy, and includes turbines, towers and their associated components needed to form a complete system. (2) To quali…

330-070-0097 Electricity Producing AEDs Generating AEDs linked with an electric utility must be installed in accordance with local utility interconnect guidelines and be installed per the state electrical code. Statutory/Other Authority: ORS 469.040 & 469B.103 Statutes/Other Impl…

330-075-0005 Purpose These rules specify the form and content of information regarding Oregon gross operating revenues and energy sales to be submitted to the Department of Energy by energy resource suppliers. Such submittals are pursuant to ORS 469.421 as amended by Oregon Laws …

330-075-0015 Definitions For the purposes of OAR division 330, division 75, unless otherwise specified, the following definitions shall apply: (1) "Department" means the Oregon Department of Energy. (2) "Director" means the Director of the Oregon Department of Energy. (3) "Electr…

330-075-0025 Energy Resource Suppliers Gross Operating Revenue Reporting Requirements (1) Energy resource suppliers with one or more locations or service areas in Oregon shall complete and submit the appropriate Department-supplied form or forms based on the suppliers energy type…

330-075-0030 Submission Deadline (1) Except as provided in OAR 330-075-0035, every energy resource supplier shall submit the completed ODOE Form ESA-1 required by 330-075-0025(1) on or before May 1 of each year. (2) Except as provided in OAR 330-075-0035, every petroleum supplier…

330-075-0035 Extension of Submission Deadline (1) Any energy resource supplier which finds it cannot meet the deadline set forth in OAR 330-075-0025 may apply to the Director for an extension of time. The written application shall include the following: (a) The reasons why the de…

330-075-0040 Proprietary Information An energy resource supplier may request that information submitted pursuant to OAR 330-075-0010 to 330-075-0035 be treated by the Director as proprietary information and maintained in confidence. Any such request shall be made at the time the …

330-075-0045 Retention of Supporting Documentation by Energy Resource Suppliers Supporting documentation used by the energy resource supplier in compiling the information submitted pursuant to OAR 330-075-0010 to 330-075-0045 shall be kept available by the energy resource supplie…

330-080-0005 Purpose (1) In response to the Arab oil embargo of 1973, the federal government has, through the Emergency Petroleum Allocation Act of 1973 and other statutes, and through regulations adopted pursuant thereto, established a series of programs governing the allocation…

330-080-0010 Definitions (1) Unless the context clearly requires otherwise, the following definitions shall apply: (a) The terms “action,” “adjustment,” “aggrieved,” “assignment,” “duly authorized representative,” “EPAA,” “EPCA,” “exception,” “exemption,” “order,” “person,” and “…

330-080-0015 State Set-Aside Program (1) Scope and Purpose: The state set-aside shall be utilized by the State Office to meet hardship and emergency requirements of all wholesale purchaser-consumers and end-users of motor gasoline and middle distillates within Oregon. The State O…

330-080-0020 Prime Supplier’s Responsibilities (1) State Representative: Each prime supplier shall notify in writing the State Office of its designated representative, which shall be a firm with a place of business in Oregon. The State Office shall, to the maximum extent possible…

330-080-0025 Appeals of Allocation Officer’s Order (1) Who may file: The applicant, or any other person aggrieved by an order issued by an Allocation Officer may appeal. (2) What to file: (a) An appellant shall file a written, signed, and clearly labeled “Appeal of Order” with th…

330-080-0030 Stays Pending Appeal (1) Scope: An application for a stay will only be considered: (a) Incident to or pending an appeal from an order of the Allocation Officer; or (b) Pending judicial review. (2) What to file: (a) A person filing under this subpart shall file a writ…

330-092-0005 Purpose; Applicability (1) Purpose: The purpose of these rules is to establish procedures to govern the enforcement and amendment of standards found in ORS 469.229 through 469.261, which establish minimum energy efficiency standards for equipment and appliances for s…

330-092-0010 Definitions As used in OAR 330-092-0010 through 330-092-0070: (1) “Bottle-type water dispenser” or “water cooler” means a water dispenser that uses a bottle or reservoir as the source of potable water. This includes freestanding devices that consume energy to cool or…

330-092-0015 Effective Dates for Regulated Equipment The following list specifies the effective dates for equipment standards, test procedures, listing, and labeling requirements which have been adopted in these rules. (1) Bottle-type water dispensers, as defined in OAR 330-092-0…

330-092-0020 Minimum Energy Efficiency Standards and Test Methods (1) Bottle-type water dispensers: Beginning on the effective date shown in OAR 330-092-0015(1), bottle-type water dispensers or water coolers that are included in the scope of the Environmental Protection Agency "E…

330-092-0025 Product Listing The following listing requirements shall apply to products as long as that listing is available for the specific standard and product: (1) Bottle-type water dispensers: each manufacturer must cause to be listed each bottle-type water dispenser, by mod…

330-092-0030 Effect of Listing To be sold, offered for sale, or installed in Oregon on or after the effective dates described in OAR 330-092-0015, Oregon-regulated products must be listed per the requirements of OAR 330-092-0025. Products that are not listed according to these ru…

330-092-0040 Determination of Compliance The Department may require the manufacturer to provide test results or other documentation verifying that a product meets Oregon's minimum energy efficiency standards for that category of equipment. Statutory/Other Authority: ORS 469.040, …

330-092-0045 Labeling The following labeling requirements shall apply to products as long as that label is available for the specific standard and product: (1) Bottle-type water dispensers: Every unit of every bottle-type water dispenser, or water cooler, must have an ENERGY STAR…

330-092-0050 Determination of Non-Compliance (1) The Department may review any product if it has cause to believe the product may not comply with Oregon's appliance efficiency standards. (2) Upon completing its review, the Department will notify a manufacturer in writing of its d…