Oregon Revised Statutes
As used in ORS 316.116 and 469B.100 to 469B.118: “Alternative energy device” means a category one alternative energy device or a category two alternative energy device. “Alternative fuel device” includes a facility for mixing, storing, compressing or dispensing fuels for alternative fuel vehicles, and any other necessary and reasonable equipment. “Categor…
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 a…
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: Meets the requirements of ORS 316.116; Meets the requirements of ORS 469B.100 to 469B.118; and Pays, subject to subsection (9) of this section, all or a portion of the costs of an alternative energy device. In order …
The following devices are not eligible for the tax credit under ORS 316.116: Standard efficiency furnaces; Air conditioning systems; Boilers; Standard back-up heating systems; 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 combustion device de…
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. The department shall use the performance assumptions and prescriptive measures to develop info…
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: For the reasons set forth in ORS 315.061; or If the director finds that: The alternative energy device has not been constructed, installed or operated in substantial compliance with the requirements of ORS 469B.100…
As used in ORS 469B.130 to 469B.169 and 469B.171: “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 limited to electricity, ethanol, meth…
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.
In determining the eligibility of any facility for tax credits, preference shall be given to those projects that: Provide energy savings for real or personal property within the state inhabited as the principal residence of a tenant, including: Nonowner occupied single family dwellings; and Multiple unit residential housing; or Provide long-term energy s…
The State Department of Energy shall by rule establish all of the following criteria: 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 cons…
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: $20 million, in the case of a facility using or producing renewable energy resources or a high-efficiency combined heat and power facility; Five percent of the total cost of the fa…
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: The erection, construction, installation or acquisition of the facility is to be commenced on or after October 3, 1979; The facility complies with the standards or r…
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. The State Department of Energy shall establish by rule a formula to be employed in the determination of prices of credits transfe…
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. An owner, co…
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…
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. If the director determines that the proposed acquisition, erection, construction or installation is technically feasible and should…
A final certification may not be issued by the Director of the State Department of Energy under this section unless: The facility was acquired, erected, constructed or installed under a preliminary certificate of approval issued under ORS 469B.157; The applicant demonstrates the ability to provide the information required by ORS 469B.145 (2) and does not v…
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 …
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.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: The certification was obtained by fraud or misrepresentation; The holder of the certificate or the operator of the facility has failed…
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 entitl…
As used in ORS 469B.250 to 469B.265: “Biomass” has the meaning given that term in ORS 315.141. “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. “Renewable energy production system” means a system that uses bi…
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: The applicant will be the owner, contract purchaser or lessee of the system at the time of installation or construction of the proposed system; The system does not exceed 35 megawatts o…
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. If the director determines that the system is technically feasi…
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 …
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: $3 million for any biennium; or $750,000 for the six months beginning July 1, 2017, and ending December 31, 2017. In the event that the Director of the State Department of Energy …
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. ENERGY CONSERVATION PROJECTS
As used in ORS 315.331 and 469B.270 to 469B.306: “Cost” means the capital costs and expenses necessarily incurred in the acquisition, erection, construction and installation of an energy conservation project. “Energy conservation project” means any capital investment for which the first year energy savings yields a simple payback period of greater than thr…
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. In administering this section, the Director of the State Department of Energy shall compare projects of similar technology types aga…
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. …
The State Department of Energy shall by rule establish the following standards relating to energy conservation projects: In consultation with the Department of Consumer and Business Services Building Codes Division, standards relating to energy savings in new construction. Standards relating to what constitutes a replacement of inefficient equipment. Stan…
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.
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: The project complies with the standards adopted by the Director of the State Department of Energy; and The applicant will be the owner, contract purchaser or lessee of the p…
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. If the director determines that the project is technically feasible and should oper…
The Director of the State Department of Energy may issue a final certification for an energy conservation project under this section only if: 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); The applicant demonstrates the abilit…
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 …
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 …
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. The applicant shall file an application for recerti…
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: For the reasons set forth in ORS 315.061; or If the director finds that: The holder of the certificate or the operator of the project has failed to construct or operate …
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: $28 million for any biennium; or $7.5 million for the six months beginning July 1, 2017, and ending December 31, 2017. In the event that the Director of the State Department of Energy re…
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. TRANSPORTATION PROJECTS
As used in ORS 315.336 and 469B.320 to 469B.347: “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: Use an alternative fuel, including electricity, biofuel, gasohol with a…
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. 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…
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: The project complies with the standards adopted by the Director of the State Department of Energy; and The applicant will be the owner, contract purchaser or lessee of…
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. If the director determines that the project is technically feasible and should operate in…
A final certification for a transportation project may not be issued by the Director of the State Department of Energy under this section unless: The project was acquired or performed under a preliminary certificate of approval issued under ORS 469B.329; The applicant demonstrates the ability to provide the information required by ORS 469B.326 (2) and does…
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 …
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 un…
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: The holder of the certificate or the operator of the transportation project has failed to acquire o…
The total amount of potential tax credits for all transportation projects in this state may not, at the time of preliminary certification under ORS 469B.329, exceed $20 million for any biennium. For each tax year, the Director of the State Department of Energy may allocate a percentage of the amount allowed in paragraph (a) of this subsection to alternative…
The State Department of Energy shall by rule establish policies and procedures for the administration and enforcement of the provisions of ORS 315.336 and 469B.320 to 469B.347, including standards for what constitutes a single transportation project. BIOFUELS AND BIOMASS
The State Department of Energy shall by rule identify categories of fuel blend and solid biofuel that qualify for the personal income tax credit allowed under ORS 315.465.
To be eligible for the tax credit under ORS 315.141, the biomass must be produced or collected in Oregon as a feedstock for bioenergy or biofuel production in Oregon. The credit rates for biomass are: For oilseed crops, $0.05 per pound. For grain crops, including but not limited to wheat, barley and triticale, $0.90 per bushel. For virgin oil or alcohol d…
REBATES FOR HOME ENERGY IMPROVEMENTS
The State Department of Energy, in consultation with the Housing and Community Services Department, shall establish: A whole-home energy savings program to provide rebates to individual homeowners, multifamily building owners and aggregators for home energy efficiency retrofits; and A high-efficiency electric home rebate program to provide rebates for the …
As used in this section: “Bulk fuel” means liquid petroleum, propane, coal, wood, wood-based products or other fuel delivered and stored until used on-site by the final consumer to produce energy. “Climate zone” means a heating or cooling climate zone assigned to a county by the Bonneville Power Administration. “Disadvantaged community” means a community …
The Heat Pump Deployment Advisory Council is established. The council consists of representatives from eligible entities administering grant funds under the Heat Pump Deployment Program established under ORS 469B.460. The council shall study and identify: Best practices for administering grant funds and providing financial assistance; Barriers to adminis…
The Heat Pump Deployment Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Heat Pump Deployment Fund shall be credited to the fund. The fund consists of: Moneys appropriated or otherwise transferred to the fund by the Legislative Assembly; Moneys received from federal, state or local sources; Gi…
The State Department of Energy shall provide a grant to the nongovernmental entity that administers public purpose charge moneys under ORS 757.612 (3)(d) to enable the nongovernmental entity to assist landlords in creating or operating, whenever there is an extreme heat event for the forecast zone of the premises as described in ORS 90.355, one or more priva…
The Director of the State Department of Energy may impose a civil penalty against a contractor if a contractor certificate is revoked under ORS 469B.118. The amount of the penalty shall be equal to the total amount of tax relief estimated to have been provided under ORS 316.116 to the contractor or to purchasers of the system for which a contractor’s certifi…