Chapter 469B — Chapter 469B
61 sections in this chapter.
ORS 469B.100 Definitions for ORS 469B.100 to 469B.118; rules. As used in ORS 316.116 and 469B.100 to 469B.118
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(1) “Alternative energy device” means a category one alternative energy device or a category two alternative energy device. (2) “Alternative fuel device” includes a facility for mixing, storing, compressing or dispensing fuels for alternative fuel vehicles, and any other necessar…
ORS 469B.103 Criteria; federal standards; rules. (1) For the purposes of carrying out ORS 469B.100 to 469B.118, the State Department of Energy may adopt rules prescribing minimum performance criteria for alternative energy devices for dwellings. The department may, in prescribing criteria, rely on applicable federal, state and local requirements for energy efficiency, including the state building code, state and federal appliance standards and any specialty codes and any code adopted by the Building Codes Division of the Department of Consumer and Business Services
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(2) The department shall take into consideration evolving market conditions in prescribing minimum performance criteria for alternative energy devices and in determining credit amounts, consistent with ORS 316.116. (3) The department, in adopting rules under this section for sola…
ORS 469B.106 Claim for tax credits; eligibility; contents; contractor system certification; rules. (1) Subject to the limitations in section 75, chapter 730, Oregon Laws 2011, any person may claim a tax credit under ORS 316.116 if the person
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(a) Meets the requirements of ORS 316.116; (b) Meets the requirements of ORS 469B.100 to 469B.118; and (c) Pays, subject to subsection (9) of this section, all or a portion of the costs of an alternative energy device. (2) In order to be eligible for a tax credit under ORS 316.11…
ORS 469B.109 [Formerly 469.171; 2012 c.45 §13a; repealed by 2015 c.701 §36]
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[Repealed or reserved.]
ORS 469B.112 Ineligible devices; rules. The following devices are not eligible for the tax credit under ORS 316.116
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(1) Standard efficiency furnaces; (2) Air conditioning systems; (3) Boilers; (4) Standard back-up heating systems; (5) Woodstoves or wood furnaces, or any part of a heating system that burns wood, unless the woodstove, furnace or system constitutes a premium efficiency biomass co…
ORS 469B.115 Performance assumptions and prescriptive measures for tax credits. (1) In order to carry out ORS 469B.100 to 469B.118, the State Department of Energy shall develop performance assumptions and prescriptive measures to determine the eligibility and tax credit amount for alternative energy devices constructed or installed in a dwelling
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(2) The department shall use the performance assumptions and prescriptive measures to develop information for the Department of Revenue to use to allow taxpayers to determine their eligibility and tax credit amount. The State Department of Energy may review this information on an…
ORS 469B.118 Forfeiture of tax credits; revocation of contractor certificate; inspection; effect of failure to allow inspection; collection. (1) The Director of the State Department of Energy may order the forfeiture of a tax credit allowed under ORS 316.116, as provided in ORS 315.061
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(a) For the reasons set forth in ORS 315.061; or (b) If the director finds that: (A) The alternative energy device has not been constructed, installed or operated in substantial compliance with the requirements of ORS 469B.100 to 469B.118; or (B) The taxpayer failed to consent to…
ORS 469B.130 Definitions for ORS 469B.130 to 469B.169 and 469B.171; rules. As used in ORS 469B.130 to 469B.169 and 469B.171
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(1) “Alternative fuel vehicle” means a vehicle as defined by the Director of the State Department of Energy by rule that is used primarily in connection with the conduct of a trade or business and that is manufactured or modified to use an alternative fuel, including but not limi…
ORS 469B.133 Policy. In the interest of the public health, safety and welfare, it is the policy of the State of Oregon to encourage the conservation of electricity, petroleum and natural gas by providing tax relief for Oregon facilities that conserve energy resources or meet energy requirements through the use of renewable resources. [Formerly 469.190]
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[Repealed or reserved.]
ORS 469B.136 Priority given to certain projects; criteria; rules. (1) In determining the eligibility of any facility for tax credits, preference shall be given to those projects that
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(a) Provide energy savings for real or personal property within the state inhabited as the principal residence of a tenant, including: (A) Nonowner occupied single family dwellings; and (B) Multiple unit residential housing; or (b) Provide long-term energy savings from the use of…
ORS 469B.139 Criteria for high-performance homes, renewable energy systems, combined heat and power facilities and facilities using or producing renewable energy resources; rules. The State Department of Energy shall by rule establish all of the following criteria
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(1) For a high-performance home, the minimum design and construction standards that must be met or exceeded for a dwelling to be considered a high-performance home, including but not limited to standards for the building envelope, HVAC systems, lighting, appliances, water conserv…
ORS 469B.142 Annual limit to cost of facility eligible for tax credits; discretion of director; rules. (1) For a facility, the total cost that receives a preliminary certification from the Director of the State Department of Energy for tax credits in any calendar year may not exceed
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(a) $20 million, in the case of a facility using or producing renewable energy resources or a high-efficiency combined heat and power facility; (b) Five percent of the total cost of the facility but no more than $3 million, in the case of a facility that uses or produces renewabl…
ORS 469B.145 Application for preliminary certification; eligibility; contents of application; fees; rules. (1) Prior to erection, construction, installation or acquisition of a proposed facility, any person may apply to the State Department of Energy for preliminary certification under ORS 469B.157 if
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(a) The erection, construction, installation or acquisition of the facility is to be commenced on or after October 3, 1979; (b) The facility complies with the standards or rules adopted by the Director of the State Department of Energy; and (c) The applicant meets one of the foll…
ORS 469B.148 Transferability of facility tax credit; effect on taxes reported by public utility; rules. (1) The owner of a facility may transfer a tax credit for the facility in exchange for a cash payment equal to the present value of the potential tax credit, as determined at the time of the application for preliminary certification
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(2) The State Department of Energy shall establish by rule a formula to be employed in the determination of prices of credits transferred under this section. In establishing the formula the department shall incorporate inflation projections and market real rate of return. (3) The…
ORS 469B.151 Tax credit for rental housing units; eligibility. (1) Except as provided in subsection (3) of this section, an applicant under ORS 469B.145 (1)(c) shall be eligible for a tax credit for energy conservation measures installed in rental housing units pursuant to ORS 469.636. The tax credit shall apply to only the first $5,000 of actually installed energy conservation measure costs per dwelling unit
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(2) An owner, contract purchaser or lessee of a rental housing unit for which energy conservation measures have been financed by an applicant under subsection (1) of this section is ineligible for an energy conservation measure tax credit for such measures. (3) No applicant under…
ORS 469B.154 Transferability of rental housing unit tax credit; rules. (1) The owner of a rental housing unit may transfer a tax credit for energy conservation measures installed in rental housing units under ORS 469B.151 in exchange for a cash payment equal to the present value of the tax credit. To be eligible for a transfer, the energy conservation measures must have been recommended in an energy audit as provided in ORS 469.633 or 469.651
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(2) The State Department of Energy may establish by rule uniform discount rates to be used in calculating the present value of a tax credit under this section. [Formerly 469.208; 2017 c.727 §15]
ORS 469B.157 Submissions for preliminary certification; alteration, conditions, suspension or denial of preliminary certification. (1) The Director of the State Department of Energy may require the submission of plans, specifications and contract terms, and after examination thereof, may request corrections and revisions of the plans, specifications and terms
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(2) If the director determines that the proposed acquisition, erection, construction or installation is technically feasible and should operate in accordance with the representations made by the applicant, and is in accordance with the provisions of ORS 469B.130 to 469B.169 and a…
ORS 469B.161 Final certification; eligibility; contents of application. (1) A final certification may not be issued by the Director of the State Department of Energy under this section unless
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(a) The facility was acquired, erected, constructed or installed under a preliminary certificate of approval issued under ORS 469B.157; (b) The applicant demonstrates the ability to provide the information required by ORS 469B.145 (2) and does not violate any condition that may b…
ORS 469B.164 Fees for certification; rules. By rule and after hearing, the Director of the State Department of Energy may adopt a schedule of reasonable fees which the State Department of Energy may require of applicants for preliminary or final certification under ORS 469B.130 to 469B.169. Before the adoption or revision of the fees, the department shall estimate the total cost of the program to the department. The fees shall be used to recover the anticipated cost of filing, investigating, granting and rejecting applications for certification and shall be designed not to exceed the total cost estimated by the department. Any excess fees shall be held by the department and shall be used by the department to reduce any future fee increases. The fee may vary according to the size and complexity of the facility. The fee shall not be considered as part of the cost of the facility to be certified. [Formerly 469.217]
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[Repealed or reserved.]
ORS 469B.167 Certificate required for tax credits; certification not to exceed five years. (1)(a) A certificate issued under ORS 469B.161 is required for purposes of obtaining tax credits in accordance with ORS 315.354. Such certification shall be granted for a period not to exceed five years. The five-year period shall begin with the tax year of the applicant during which the completed application for final certification of the facility under ORS 469B.161 is received by the State Department of Energy
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(b) For a transferee holding a credit that has been transferred under ORS 469B.148 or 469B.154, the five-year period shall begin with the tax year in which the transferee pays for the credit. (2) Notwithstanding subsection (1) of this section, for a facility using or producing re…
ORS 469B.169 Suspension or revocation of certificate; forfeiture of tax credits; collection. (1) Under the procedures for a contested case under ORS chapter 183, the Director of the State Department of Energy may order the suspension or revocation of the certificate issued under ORS 469B.161 if the director finds that
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(a) The certification was obtained by fraud or misrepresentation; (b) The holder of the certificate or the operator of the facility has failed to construct or operate the facility in compliance with the plans, specifications and procedures in the certificate; or (c) The facility …
ORS 469B.171 Assistance with facility purchase for investor-owned utility customers. (1) An investor-owned utility may offer cash payments to assist the utility’s commercial and industrial customers in purchasing a facility as defined in ORS 469B.130, including but not limited to an alternative fuel vehicle refueling station. The utility may pay the customer the present value to the utility of the tax credit to which the customer would be entitled under ORS 469B.130 to 469B.169
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(2) As used in this section, “cash payment” and “investor-owned utility” have the meanings given those terms in ORS 469.631. [Formerly 469.878] RENEWABLE ENERGY PRODUCTION SYSTEMS
ORS 469B.250 Definitions for ORS 469B.250 to 469B.265. As used in ORS 469B.250 to 469B.265
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(1) “Biomass” has the meaning given that term in ORS 315.141. (2) “Cost” means the actual cost of the acquisition, construction and installation of the renewable energy production system paid by the applicant for the system, before considering utility incentives. (3) “Renewable e…
ORS 469B.253 Application for grant; fees. (1) Prior to the installation or construction of a renewable energy production system, any person may apply to the State Department of Energy for a grant under ORS 469B.256 if
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(a) The applicant will be the owner, contract purchaser or lessee of the system at the time of installation or construction of the proposed system; (b) The system does not exceed 35 megawatts of nameplate capacity; (c) The system is located in Oregon; and (d) The system complies …
ORS 469B.256 Grant award; performance agreement; denial; limitations; forfeiture. (1) The Director of the State Department of Energy may require an applicant for a grant under this section for a renewable energy production system to submit plans, specifications and contract terms, and after examination of the plans, specifications and terms may request corrections and revisions
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(2) If the director determines that the system is technically feasible and should operate in accordance with the representations made by the applicant, and is in accordance with the provisions of ORS 469B.250 to 469B.265 and any applicable rules or standards adopted by the direct…
ORS 469B.259 Grant application fees; rules. By rule and after hearing, the Director of the State Department of Energy may adopt a schedule of reasonable fees that the State Department of Energy may require of applicants for a grant for a renewable energy production system under ORS 469B.250 to 469B.265 or for tax credit certification under ORS 315.326. Before the adoption or revision of the fees, the department shall estimate the total cost of the program to the department. The fees shall be used to recover the anticipated cost of administering and enforcing the provisions of ORS 469B.250 to 469B.265, including filing, investigating, granting and rejecting applications for grant or tax credit certification and ensuring compliance with ORS 315.326, 315.329 and 469B.250 to 469B.265 and shall be designed not to exceed the total cost estimated by the department. Any excess fees shall be held by the department and shall be used by the department to reduce any future fee increases. The fee may vary according to the size and complexity of the system. The fee is not considered part of the cost of the system for which a grant is being sought. [2011 c.730 §31]
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[Repealed or reserved.]
ORS 469B.262 Limitations on amount of potential tax credits for certified renewable energy development contributions; allocation; rules. (1) The total amount of potential tax credits for certified renewable energy development contributions in this state may not, at the time of certification under ORS 315.326, exceed
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(a) $3 million for any biennium; or (b) $750,000 for the six months beginning July 1, 2017, and ending December 31, 2017. (2) In the event that the Director of the State Department of Energy receives applications for grants under ORS 469B.256 in excess of the contributions receiv…
ORS 469B.265 Policies and procedures; standards for single renewable energy production system; rules. The State Department of Energy shall by rule establish policies and procedures for the administration and enforcement of the provisions of ORS 315.326, 315.329 and 469B.250 to 469B.265, including standards for what constitutes a single renewable energy production system. [2011 c.730 §33]
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ENERGY CONSERVATION PROJECTS
ORS 469B.270 Definitions for ORS 315.331 and 469B.270 to 469B.306. As used in ORS 315.331 and 469B.270 to 469B.306
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(1) “Cost” means the capital costs and expenses necessarily incurred in the acquisition, erection, construction and installation of an energy conservation project. (2) “Energy conservation project” means any capital investment for which the first year energy savings yields a simp…
ORS 469B.273 Preference given to certain projects; criteria. (1) In determining the priority of any energy conservation project for tax credits, preference shall be given to those projects that have the highest energy savings over the five-year credit allowance period per tax credit dollar
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(2) In administering this section, the Director of the State Department of Energy shall compare projects of similar technology types against each other, take into account the amount of energy saved over the life of the equipment, market or industry sector, expected lifespan of th…
ORS 469B.276 Transferability of project tax credit; recertification; determination of prices; rules. (1) The owner of a project may transfer a tax credit for the project in exchange for a cash payment equal to the present value of the potential tax credit, as determined at the time of the application for preliminary certification. If the tax credit is subject to recertification, only that portion of the tax credit that has been recertified may be transferred
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(2) The State Department of Energy shall establish by rule a formula to be employed in the determination of prices of credits transferred under this section. In establishing the formula the department shall incorporate inflation projections and market real rate of return. (3) The…
ORS 469B.279 Standards for energy conservation projects; rules. The State Department of Energy shall by rule establish the following standards relating to energy conservation projects
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(1) In consultation with the Department of Consumer and Business Services Building Codes Division, standards relating to energy savings in new construction. (2) Standards relating to what constitutes a replacement of inefficient equipment. (3) Standards for the determination of t…
ORS 469B.282 Limitation on amount receiving preliminary certification. For an energy conservation project, the total amount that receives a preliminary certification from the Director of the State Department of Energy may not exceed $10 million in certified cost. [2011 c.730 §42]
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[Repealed or reserved.]
ORS 469B.285 Application for preliminary certification; eligibility; contents; fees; certification to remain valid for three years; rules. (1) Prior to the installation or construction of an energy conservation project, any person may apply to the State Department of Energy for preliminary certification under ORS 469B.288 if
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(a) The project complies with the standards adopted by the Director of the State Department of Energy; and (b) The applicant will be the owner, contract purchaser or lessee of the project at the time of installation or construction of the project. (2) An application for prelimina…
ORS 469B.288 Submissions for preliminary certification; alteration, conditions, suspension or denial of preliminary certification. (1) The Director of the State Department of Energy may require an applicant for certification of an energy conservation project to submit plans, specifications and contract terms, and after examination of the plans, specifications and terms may request corrections and revisions
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(2) If the director determines that the project is technically feasible and should operate in accordance with the representations made by the applicant, and is in accordance with the provisions of ORS 469B.270 to 469B.306 and any applicable rules or standards adopted by the direc…
ORS 469B.291 Final certification; eligibility; contents of application; performance agreement; rules. (1) The Director of the State Department of Energy may issue a final certification for an energy conservation project under this section only if
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(a) The project was installed or constructed under a preliminary certificate of approval issued under ORS 469B.288, unless preliminary certification is waived under ORS 469B.285 (5); (b) The applicant demonstrates the ability to provide the information required by ORS 469B.285 (2…
ORS 469B.294 Fees for certification or recertification; rules. By rule and after hearing, the Director of the State Department of Energy may adopt a schedule of reasonable fees that the State Department of Energy may require of applicants for preliminary or final certification or recertification of an energy conservation project under ORS 469B.270 to 469B.306. Before the adoption or revision of the fees, the department shall estimate the total cost of the program to the department. The fees shall be used to recover the anticipated cost of administering and enforcing the provisions of ORS 469B.270 to 469B.306, including filing, investigating, granting and rejecting applications for certification or recertification and ensuring compliance with ORS 469B.270 to 469B.306 and shall be designed not to exceed the total cost estimated by the department. Any excess fees shall be held by the department and shall be used by the department to reduce any future fee increases. The fee may vary according to the size and complexity of the project. The fee is not considered part of the cost of the project to be certified. [2011 c.730 §46; 2015 c.545 §6]
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[Repealed or reserved.]
ORS 469B.297 Certificate required for tax credits; certification not to exceed five years; recertification. (1) A certificate issued under ORS 469B.291 is required for purposes of obtaining tax credits in accordance with ORS 315.331. Except as otherwise provided in ORS 469B.298, such certification shall be granted for a period not to exceed five years. The five-year period shall begin with the tax year of the applicant during which the completed application for final certification of the project under ORS 469B.291 is received by the State Department of Energy. If required by the department in a performance agreement, the project owner shall seek recertification during the five-year period, as provided in ORS 469B.298
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(2) If the original owner of the certificate uses any portion of the credit, the certificate becomes nontransferable. (3) For a transferee holding a credit that has been transferred under ORS 469B.276, the five-year period shall begin with the tax year in which the transferee pay…
ORS 469B.298 Recertification of eligibility. (1) An owner of an energy conservation project with a total project cost certified under ORS 469B.291 of $1 million or more that is subject to a recertification requirement in a performance agreement shall apply under this section for recertification of eligibility for the tax credit allowed under ORS 315.331
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(2) The applicant shall file an application for recertification with the State Department of Energy at least 60 days prior to the anniversary date of the issuance of the final certificate. The Director of the State Department of Energy may require recertification for the three ye…
ORS 469B.300 Suspension or revocation of certificate or portion of certificate. (1) The Director of the State Department of Energy may order the suspension or revocation of a certificate or a portion of a certificate issued under ORS 469B.291, as provided in ORS 315.061
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(a) For the reasons set forth in ORS 315.061; or (b) If the director finds that: (A) The holder of the certificate or the operator of the project has failed to construct or operate the project in compliance with the plans, specifications and contract terms in the certificate; or …
ORS 469B.303 Limitations on amount of potential tax credits for energy conservation projects; allocation; rules. (1) The total amount of potential tax credits for all energy conservation projects in this state may not, at the time of preliminary certification under ORS 469B.288, exceed
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(a) $28 million for any biennium; or (b) $7.5 million for the six months beginning July 1, 2017, and ending December 31, 2017. (2) In the event that the Director of the State Department of Energy receives applications for preliminary certification with a total amount of certified…
ORS 469B.306 Policies and procedures; standards for single energy conservation project; rules. The State Department of Energy shall by rule establish policies and procedures for the administration and enforcement of the provisions of ORS 315.331 and 469B.270 to 469B.306 and section 36, chapter 730, Oregon Laws 2011, including standards for what constitutes a single energy conservation project. [2011 c.730 §50]
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TRANSPORTATION PROJECTS
ORS 469B.320 Definitions for ORS 315.336 and 469B.320 to 469B.347. As used in ORS 315.336 and 469B.320 to 469B.347
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(1) “Acquisition of an alternative fuel vehicle fleet” includes the replacement of two or more vehicles that are not used primarily for personal, family or household purposes, that are modified or acquired directly from the factory and that: (a) Use an alternative fuel, including…
ORS 469B.323 Transferability of project tax credit; determination of prices; rules. (1) The owner of a transportation project may transfer a tax credit for the project in exchange for a cash payment equal to the present value of the tax credit
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(2) The State Department of Energy shall establish by rule a formula to be employed in the determination of prices of credits transferred under this section. In establishing the formula the department shall incorporate inflation projections and market real rate of return. (3) The…
ORS 469B.326 Application for preliminary certification; eligibility; contents; fees; certification to remain valid for three years; rules. (1) Prior to the acquisition or performance of a transportation project, a person may apply to the State Department of Energy for preliminary certification for the project under ORS 469B.329 if
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(a) The project complies with the standards adopted by the Director of the State Department of Energy; and (b) The applicant will be the owner, contract purchaser or lessee of the project at the time of acquisition or performance of the project. (2) An application for preliminary…
ORS 469B.329 Submissions for preliminary certification; alteration, conditions, suspension or denial of preliminary certification. (1) The Director of the State Department of Energy may require an applicant for certification of a transportation project to submit plans, specifications and contract terms, and after examination of the plans, specifications and terms may request corrections and revisions
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(2) If the director determines that the project is technically feasible and should operate in accordance with the representations made by the applicant, and is in accordance with the provisions of ORS 469B.320 to 469B.347 and any applicable rules or standards adopted by the direc…
ORS 469B.332 Final certification; eligibility; contents of application; rules. (1) A final certification for a transportation project may not be issued by the Director of the State Department of Energy under this section unless
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(a) The project was acquired or performed under a preliminary certificate of approval issued under ORS 469B.329; (b) The applicant demonstrates the ability to provide the information required by ORS 469B.326 (2) and does not violate any condition that may be imposed as described …
ORS 469B.335 Fees for certification; rules. By rule and after hearing, the Director of the State Department of Energy may adopt a schedule of reasonable fees that the State Department of Energy may require of applicants for preliminary or final certification of a transportation project under ORS 469B.320 to 469B.347. Before the adoption or revision of the fees, the department shall estimate the total cost of the program to the department. The fees shall be used to recover the anticipated cost of administering and enforcing the provisions of ORS 469B.320 to 469B.347, including filing, investigating, granting and rejecting applications for certification and ensuring compliance with ORS 469B.320 to 469B.347 and shall be designed not to exceed the total cost estimated by the department. Any excess fees shall be held by the department and shall be used by the department to reduce any future fee increases. The fee may vary according to the size and complexity of the project. The fee is not considered part of the cost of the project to be certified. [2011 c.730 §61]
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[Repealed or reserved.]
ORS 469B.338 Certificate required for tax credits; certification not to exceed five years. (1) A certificate issued under ORS 469B.332 is required for purposes of obtaining tax credits in accordance with ORS 315.336. Such certification shall be granted for a period not to exceed five years. The five-year period shall begin with the tax year of the applicant during which the completed application for final certification of the transportation project under ORS 469B.332 is received by the State Department of Energy
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(2) If the original owner of the certificate uses any portion of the credit, the certificate becomes nontransferable. (3) For a transferee holding a credit that has been transferred under ORS 469B.323, the five-year period shall begin with the tax year in which the transferee pay…
ORS 469B.341 Suspension or revocation of certificate or portion of certificate. The Director of the State Department of Energy may order the suspension or revocation of a certificate or a portion of a certificate issued under ORS 469B.332, as provided in ORS 315.061, for the reasons set forth in ORS 315.061 or if the director finds that
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(1) The holder of the certificate or the operator of the transportation project has failed to acquire or perform the project in compliance with the plans, specifications and contract terms in the certificate; or (2) The project is no longer in operation. [2011 c.730 §63; 2019 c.4…