Title 36A, Housing; Lottery and Games; Environment

The Public Utility Commission shall provide the same opportunity to an electricity service supplier as provided an electric company under ORS 469A.445 to receive a comparable exemption from further compliance with the requirements of ORS 469A.400 to 469A.475. A comparable exempti…

In furtherance of the clean energy targets set forth in ORS 469A.410, the Public Utility Commission may apply a performance incentive for early compliance with one or more of the clean energy targets. [2021 c.508 §12]

The requirements of ORS 469A.400 to 469A.475 do not replace or modify the requirements of ORS 469A.005 to 469A.210. [2021 c.508 §13]

(1) The Public Utility Commission may adopt rules as necessary to implement ORS 469A.400 to 469A.475. (2) The commission shall review and identify costs incurred by electric companies for obligations not similarly imposed on electricity service suppliers to comply with ORS 469A.4…

(1)(a) The Legislative Assembly finds that existing and future electricity markets will play a critical role in the transformation of the electric sector to nonemitting sources, as well as enabling load serving entities to reduce costs and serve load reliably by accessing resourc…

ORS 469A.400 to 469A.475 do not apply to an electric company, as defined in ORS 757.600, that serves electricity to 25,000 or fewer retail electricity consumers, as defined in ORS 757.600, located in this state. [2021 c.508 §17] _______________

As used in ORS 316.116 and 469B.100 to 469B.118: (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 …

(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 …

(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: (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 (…

The following devices are not eligible for the tax credit under ORS 316.116: (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…

(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. (2) The dep…

(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: (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 const…

As used in ORS 469B.130 to 469B.169 and 469B.171: (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 …

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 throu…

(1) In determining the eligibility of any facility for tax credits, preference shall be given to those projects that: (a) Provide energy savings for real or personal property within the state inhabited as the principal residence of a tenant, including: (A) Nonowner occupied singl…

The State Department of Energy shall by rule establish all of the following criteria: (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 …

(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: (a) $20 million, in the case of a facility using or producing renewable energy resources or a high…

(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: (a) The erection, construction, installation or acquisition of the facility is to b…

(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. (2) The State Department of Energy shall estab…

(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 a…

(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 conservati…

(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. (2) If the director determines that the proposed…

(1) A final certification may not be issued by the Director of the State Department of Energy under this section unless: (a) The facility was acquired, erected, constructed or installed under a preliminary certificate of approval issued under ORS 469B.157; (b) The applicant demon…

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 …

(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 w…

(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: (a) The certification was obtained by fraud or misre…

(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 …

As used in ORS 469B.250 to 469B.265: (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…

(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: (a) The applicant will be the owner, contract purchaser or lessee of the system at the time of installa…

(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 correct…

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 ce…

(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: (a) $3 million for any biennium; or (b) $750,000 for the six months beginning July 1, 2017, and en…

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.…

As used in ORS 315.331 and 469B.270 to 469B.306: (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 …

(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. (2) In administering this section, the Director o…

(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,…

The State Department of Energy shall by rule establish the following standards relating to energy conservation projects: (1) In consultation with the Department of Consumer and Business Services Building Codes Division, standards relating to energy savings in new construction. (2…

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]

(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: (a) The project complies with the standards adopted by the Director of the State Department…

(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. …

(1) The Director of the State Department of Energy may issue a final certification for an energy conservation project under this section only if: (a) The project was installed or constructed under a preliminary certificate of approval issued under ORS 469B.288, unless preliminary…

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 46…

(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 …

(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 cr…

(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: (a) For the reasons set forth in ORS 315.061; or (b) If the director finds that: (A) The…

(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: (a) $28 million for any biennium; or (b) $7.5 million for the six months beginning July 1, 2017, and endi…

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 …

As used in ORS 315.336 and 469B.320 to 469B.347: (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…

(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. (2) The State Department of Energy shall establish by rule a formula to be employed in the determination of prices of c…

(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: (a) The project complies with the standards adopted by the Director of the State Depa…