Oregon Administrative Code

330-140-0075 Certification of Qualifying Expenditure for Investment in Distribution System-Connected Technologies (1) Once the project has been completed and is operational, and the costs, or portion of the costs identified in the pre-certification as a component eligible for cer…

330-140-0080 Claiming a Credit Against Public Purpose Charges or Amount Charged in Rates Pursuant to ORS 757.054(4) (1) Large electricity consumers who are eligible for direct access, starting with the date of direct access, may claim credits against up to 75 percent of renewable…

330-140-0110 Reporting Self-Direction Credits and Public Purpose Amounts Collected or Paid (1) Consumer-owned utilities providing open access to any customer class shall report annually to the Oregon Department of Energy the amount of public purpose charges collected from the con…

330-140-0120 Denial or Revocation of Eligibility to Participate as a Self-Directing Consumer (1) The Director of the Oregon Department of Energy shall determine whether a large electricity consumer is eligible to participate or to continue to participate in part or at all under t…

330-140-0130 Utility and Electricity Consumer Credits for Public Purpose Expenditures by their Energy Suppliers (1) Utilities may apply to the Oregon Department of Energy to claim a credit for qualifying public purpose expenditures by their energy supplier for the market transfor…

330-140-0140 Administrative Cost Recovery (1) The costs of administering the self-direct program shall be paid out of the funds collected through the public purpose charge and amounts charged in rates pursuant to ORS 757.054(4), and directed to the Oregon Department of Energy as …

330-160-0005 Purpose The purpose of these rules is to establish a system of renewable energy certificates to provide a means of compliance with the Oregon Renewable Portfolio Standard (RPS). Statutory/Other Authority: ORS 469A.130 Statutes/Other Implemented: ORS 469A.130 - 469A.1…

330-160-0015 Definitions For the purposes of Oregon Administrative Rules, chapter 330, division 160, the following definitions apply unless the context requires otherwise: (1) “Banked Renewable Energy Certificate” has the meaning in ORS 469A.005. (2) “Bundled Renewable Energy Cer…

330-160-0020 Establishment of Renewable Energy Certificate System (1) Renewable energy certificates that are issued, monitored, accounted for and transferred by or through the regional renewable energy certificate system and trading mechanism known as the Western Renewable Energy…

330-160-0025 Types of Renewable Energy Certificates (1) A bundled or unbundled renewable energy certificate may be used to comply with the RPS when it is issued through the WREGIS renewable energy certificate system, and is otherwise consistent with the rules and requirements of …

330-160-0030 Allowed Vintage of Renewable Energy Certificates (1) The system of renewable energy certificates established through this rule may be used to comply with or participate in the Oregon RPS through the use of Certificates with a vintage of January 2007 or later. (2) No …

330-160-0035 Application Process (1) To apply for certification by the Department that electricity or thermal energy from a generating facility qualifies for the Oregon RPS, the generator representative must submit to the Department a completed general application form and, for h…

330-160-0037 Confidential Treatment of Information A generator representative may request confidential treatment of information provided to the Department pursuant to OAR 330-010-0005 through 330-010-0030. Statutory/Other Authority: ORS 469A.130 Statutes/Other Implemented: ORS 46…

330-160-0038 Expiration of Oregon RPS Certification Except as otherwise indicated in these rules, a facility’s Oregon RPS certification will not have an expiration date. Statutory/Other Authority: ORS 469A.130 Statutes/Other Implemented: ORS 469A.130 - 469A.145 History: DOE 1-201…

330-160-0040 Low-impact Hydro Electric Facilities (1) The Department recognizes the Low Impact Hydropower Institute (LIHI) as the national agency to certify hydroelectric facilities as low impact for purposes of the Oregon RPS. A hydroelectric generation facility with current cer…

330-160-0050 Hydroelectric Facility Upgrades (1) Efficiency upgrades from an Oregon RPS qualifying hydroelectric facility refers to additional incremental qualifying electricity production at an existing hydroelectric facility due to upgrades to existing generators, turbines and …

330-160-0060 Periodic Review of Multiple-fuel facilities (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 expirat…

330-160-0070 Required Notice of Facility Changes 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 defi…

330-160-0080 Thermal Energy from the Generation of Electricity Using Biomass (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 Sec…

330-160-0090 Metering, Monitoring, and Reporting of Qualifying Thermal Energy In order to be eligible to generate T-RECs, a facility must meet all the requirements of this Rule. Qualifying thermal energy must be measured, monitored, and reported using the following methods: (1) M…

330-170-0010 Purpose and Scope (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. Statutory/Other Authority: ORS 315.141 Stat…

330-170-0020 Definitions For the purposes of OAR chapter 330, division 170 the definitions in ORS 315.141 apply and in addition the following definitions shall apply: (1) “Applicant” means an individual or a legal entity (including but not limited to any domestic or foreign corpo…

330-170-0030 Applicant Eligibility 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 pro…

330-170-0040 Biomass Eligibility (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 t…

330-170-0050 Application Process (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 f…

330-170-0060 Certification and Denial (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 certif…

330-170-0070 Minimum Discount Value The minimum discounted value of a tax credit issued under ORS 315.141 is 90 percent of the amount of the tax credit. Statutory/Other Authority: ORS 351.141 & 469.791 Statutes/Other Implemented: ORS 351.141 & 469.791 History: DOE 8-2011, f. 11-4…

330-180-0010 Purpose and Scope 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. Statutory/Other Authority: ORS 757.522 …

330-180-0020 Definitions (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, hea…

330-180-0030 Greenhouse Gas Emissions Standard (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 standar…

330-180-0040 Low-Carbon Emissions Resource Plan (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…

330-180-0050 Unspecified Emissions (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…

330-180-0060 Methodology for Calculating Greenhouse Gas Emissions (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 …

330-180-0070 Exemptions 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. Statutory/Other Authority: ORS 757.522 - 757.538 & 469.040 Statutes/Other I…

330-200-0000 Applicability of Rules in OAR 330, Division 200 (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 se…

330-200-0010 Definitions 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 …

330-200-0020 Opportunity Announcement (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 aw…

330-200-0030 Grant Application (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 sp…

330-200-0040 Fees 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) App…

330-200-0050 Completeness Review (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.…

330-200-0060 Competitive Review (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 describe…

330-200-0070 Technical Review (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 calend…

330-200-0080 Performance Agreement (1) The department may offer a performance agreement to the applicant if it determines that the renewable energy production system is technically feasible and capable of operating in accordance with the representations made by the applicant. The…

330-200-0090 Amendments (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 renew…

330-200-0150 Compliance All participants in this program are subject to OAR 330-230-0000 through 330-230-0060. Statutory/Other Authority: ORS 469B.250 - 469B.265 Statutes/Other Implemented: ORS 469B.250 - 469B.265 History: DOE 10-2012, f. & cert. ef. 8-15-12 DOE 3-2012(Temp), f. …

330-210-0000 Applicability of Rules in OAR 330, Division 210 (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 …

330-210-0010 Definitions 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…

330-210-0020 Opportunity Announcement (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 amoun…

330-210-0030 Preliminary Certification Application (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 Opportunit…

330-210-0040 Fees 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,…