Oregon Administrative Code

330-210-0045 Small Premium Project Review Process (1) Projects with qualifying costs of less than $20,000 may utilize the small premium project informational filing process, instead of the preliminary certification and competitive review process, if the project complies with the …

330-210-0050 Completeness Review (1) The department will review all preliminary certification applications, other than those participating in the small premium project process, to determine whether: (a) All sections of the application are complete as outlined in the Opportunity A…

330-210-0060 Competitive Review (1) The department will conduct a competitive review of all applications that pass the completeness review, other than those participating in the small premium project process. (2) During the competitive review, the department’s internal review tea…

330-210-0070 Technical Review (1) Once the department requests the technical review fee and the applicant has paid the technical review fee, the department will conduct a technical review of the project application. If the applicant does not submit the required technical review f…

330-210-0080 Preliminary Certification (1) The department may issue a preliminary certificate if it determines that the energy conservation project is technically feasible and capable of operating in accordance with the representations made by the applicant. (2) The department ma…

330-210-0090 Amendments (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) Small premium projects are not eli…

330-210-0100 Final Certification (1) An energy conservation project must be completed and operating prior to applying for a final certification. An applicant must submit requests for amendments prior to issuance of the final certification. (2) The department will not review appli…

330-210-0110 Tax Credit Recertification (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…

330-210-0150 Compliance and Pass-through (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 f…

330-220-0000 Applicability of Rules in OAR 330, division 220 (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 o…

330-220-0010 Definitions 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…

330-220-0020 Opportunity Announcement (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 …

330-220-0030 Preliminary Certification Application (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 Opportun…

330-220-0040 Application Fees 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 appli…

330-220-0050 Completeness Review (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 ta…

330-220-0070 Technical Review (1) Once the department requests the technical review fee and the applicant has paid the technical review fee, the department will conduct a technical review of the alternative fuel vehicle project. If the applicant does not submit the required techn…

330-220-0080 Preliminary Certification (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 departme…

330-220-0090 Amendments to Preliminary Certifications (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) Fail…

330-220-0100 Final Certification (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 revi…

330-220-0150 Compliance and Pass-through (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)…

330-225-0000 Applicability of Rules 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 …

330-225-0010 Definitions 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 potentia…

330-225-0020 Opportunity Announcement (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 potenti…

330-225-0030 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 statutes, these rules and the current Opportunity Announcem…

330-225-0040 Fees 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 cer…

330-225-0050 Completeness Review and Allocation of Potential Tax Credits (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 …

330-225-0070 Technical Review (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 r…

330-225-0080 Preliminary Certification (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 …

330-225-0090 Amendments to Preliminary Certifications (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 departmen…

330-225-0100 Final Certification (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 de…

330-225-0150 Compliance and Pass-through All participants in this program are subject to OAR 330-230-0000 through 330-230-0150. Statutory/Other Authority: ORS 469.040 & 469B.347 Statutes/Other Implemented: ORS 469B.320–469B.347, 315.336 & OL 2012 Ch. 45 History: DOE 5-2012, f. & …

330-230-0000 Applicability of Rules in OAR 330, Division 230 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 Definitions 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 Conservat…

330-230-0020 Purpose of Inspection or Review (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 v…

330-230-0030 Selection of Projects, Notice (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 a…

330-230-0040 Project Access (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 l…

330-230-0050 Inspection or Review Outcomes (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 d…

330-230-0060 Failed Inspections or Reviews, Notice, Reconsideration (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 inspec…

330-230-0110 Definitions for Pass-Through 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 …

330-230-0120 Pass-Through Eligibility (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 cla…

330-230-0130 Pass-Through Amount (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 ra…

330-230-0140 Pass-Through Process (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 a…

330-230-0150 Transfer of Tax Credits Issued to an ApplicantTransfer of tax credits issued to an applicant (1) An applicant who has been issued a tax credit certificate may transfer the tax credit to an eligible transferee through the department process provided by these rules, pr…

330-240-0000 Purpose and Applicability of Rules in Division 240 (1) The purpose of these rules is to implement a solar plus storage rebate program established by Oregon Laws 2019, chapter 655 (House Bill 2618). The rules provide procedures for: submitting reservation and rebate r…

330-240-0010 Definitions for Division 240 (1) “Completion date” means the date as of which a solar electric system, energy storage system, or paired solar and storage system has passed its final inspection by the authority having jurisdiction. (2) “Contractor” has the definition …

330-240-0020 Contractor Eligibility (1) In order to participate in the program, a contractor must meet the eligibility requirements provided in these rules. Once the Department has confirmed a contractor’s eligibility, the contractor will receive login credentials to use the soft…

330-240-0030 Project Eligibility To be eligible for a rebate for the sale, construction, or installation of a solar electric system, energy storage system that will be paired at the time of installation with a previously purchased and installed solar electric system, or a paired …

330-240-0040 Solar Electric System Technical Specifications (1) All installed photovoltaic modules must be certified to UL 1703 or IEC61730 standards or other comparable standards. (2) All installed photovoltaic inverters must be certified to UL 1741. (3) The Department will cons…

330-240-0050 Energy Storage System Technical Specifications (1) All batteries must be certified to UL 1973. (2) All battery storage systems must be certified to UL 9540. (3) The Department will consider the eligibility of energy storage equipment for energy storage systems that w…

330-240-0060 Low- or Moderate-Income Residential Customer Eligibility (1) In order to qualify for the rebate rate offered under the program for low- or moderate-income residential customers, the homeowner where the installation will be located must provide proof of eligibility. P…